You must Agree to all terms and conditions before registering on Offeritem
Use of the Offeritem website and the services we offer constitutes your acceptance of all terms and conditions stated in the User Agreement below.
Offeritem reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted on Offeritem and considered effective 30 days from the date they are posted. If you do not agree to such changes, you may request that we close your account by contacting us.
All questions regarding this User Agreement should be sent via email.
1. Eligibility for Membership
To become a registered Offeritem member, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to register on Offeritem , you must complete the registration process by providing Offeritem with true and correct information as required on the Offeritem registration form. If the information you provide is found to be false or non-verifiable, we may block or terminate your registration and account.
2. User Verification
Because of difficulties involved with verification over the Internet, Offeritem is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another users identity, we suggest that you contact them. You may also review any members rating profile to see what others have said about dealing with them. We reserve the right to contact members at any time and attempt to verify registration information, as submitted, during scheduled or random membership auditing.
3. Disputes and Release
Because Offeritem has no involvement in transactions between users we can not get involved in disputes between users. You hereby release Offeritem (including all officers, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages or claims resulting from such disputes.
Review the complete Listing Policy for information about what is and is not allowed on Offeritem
5. Offeritem serves only as a Venue
Offeritem is an internet site on which registered users post listings offering merchandise which they possess and wish to sell in an open purchase environment. Registered users may also make offers on such merchandise. At no time does Offeritem in any way take part of the actual transaction between the buyer and seller. Offeritem serves only as a venue in which individual sellers and buyers may engage in transactions between each other. Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quantity, quality, safety, authenticity, and availability of the items the seller has listed on the site. Furthermore, it is the responsibility of the buyer to verify with the seller any or all information about any item listed on Offeritem, for which they intend on placing an offer or buying, before placing such an offer or buying. Offeritem cannot be responsible for a seller's willingness or ability to sell any item they have listed, or a buyer's willingness to follow through with a transaction for an item for which they have placed an offer or purchased. We encourage open communication between buyers and sellers before and after any transaction takes place.
6. Placing Offers or Buying
By placing an offer on or buying an item listed on Offeritem, you are stating that you have the ability and intention to purchase the item for the amount of your offer or purchase price, should you make an offer or purchase.
Before placing an offer or buying, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing an offer or buying using the make offer or buy button is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing an offer or buying.
Only in certain situations would a purchase withdrawal be acceptable. These situations may include:
a) The seller has made material changes to the description of the item after your offer or purchase was made/placed.
b) The seller has made a typographical error in the description of the item.
c) You have contacted the seller and requested that your offer be retracted, and the seller agrees to do so.
Buyers may not engage in the following activity:
a) Offering more than what you wish to pay, in order to raise the demand or price of an item.
b) Placing offers for the purpose of entertainment.
d) By placing an offer or buying, you further state that the purchase and or delivery of the item does not violate any local, state or federal laws, regulations or guidelines regarding the sale or distribution of such item.
7. Fees and Charges
Final value fees (closing fees) were no longer charged on sales which were made on or after 1/24/11. If you have an account balance from sales made prior to 1/24/11 and if that balance exceeds $4.00, your payment is due. The fees associated with selling on Offeritem are clearly stated in the "How much does it cost to sell on offeritem.com?" section of the Help Center.
Selling fees include but are not limited to subscription fees and upgrade fees such as for a Offeritem Store, listing/ad. You will be notified 7 days prior to the payment due date upon signing into your Offeritem account. Should this payment not be made, your selling privilege's will be put on hold and any listing(s)\ads will be temporily removed from the Offeritem catalog until payment is received, and posted to your account. Offeritem bills the seller on a monthly basis. For reasons of membership protection and security, payments of any and all seller fees can only be paid online. Listing(s)/ads which are temporily removed from the Offeritem catalog can be reinstated upon making your payment.
8. Personal Information
Personal information is the information that you provide to Offeritem or to other members when:
* Completing the registration process.
* Listing an item.
* Placing an offer.
* Leaving a rating.
* Posting messages in any public area.
* Using any email feature offered to you through use of the site.
You are responsible for your personal information. In the event that your information creates a liability to us that may cause our internet service provider, suppliers, agents, or contractors to sever their services to us because of such liability, we may take appropriate actions regarding such information.
Offeritem has strict policies relating to members' contact information:
* Offeritem members cannot misrepresent their identities.
* Offeritem members must always provide valid and complete contact information.
* Offeritem Members are never permitted to publish the contact information of other members in an online public area.
* Every Offeritem membership must always have a valid email address.
9. Your Password
You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish.
10. Public Forums
Offeritem provides public forums in which registered members may post messages and interact with other registered members. These forums are provided as a courtesy to the Offeritem community. Offeritem is not responsible for the content posted in the forums and may not agree with the views expressed therein.
The following types of posts or comments are considered unacceptable in any forum on our site. Posting of such may result in the blocking of your ability to post in our forum or the blocking of your account:
* Posts that contain any code or programming routine that interferes with the stability of the site, or the ability of others to post messages.
* Posts that advertise items you have for sale.
* Posts that contain profanity or that are defamatory in nature.
* Posts that contain links to other sales venues or online auction sites.
* Posts that contain adult pictures, material, or links.
* Posts that disclose personally identifiable information about another registered member.
* Posts that are disruptive in nature, harass or threaten another member or Offeritem staff member.
Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the Offeritem website. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing listed on our site, or any users account or information.
Offeritem provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our rating system. The following actions regarding the use of the rating system are prohibited:
* Threatening another user with a negative rating for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions that were not stated in the original listing.
* Leaving a rating that contains vulgarity or profanity.
* Leaving a rating that discloses another users personally identifiable information.
* Leaving comments that are negative in nature, though the rating is positive.
Offeritem does not provide you with the opportunity to retract a negative rating comment that you have left about another registered user.
In the event that your rating should reach the status of -3 (negative 3) your registration and account may be blocked.
It is expected that you will use the rating system in a manner that upholds and maintains the integrity of your membership on Offeritem.
All notices given between both parties (You and Offeritem) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the Recipients email address in not valid, such notices will be considered given 24 hours from the time the email is sent. Notices regarding changes to the terms and conditions of the User Agreement may be given by posting such changes to the site, and will be considered given and effective 30 days from the time of such posting.
15. Limitation of Liability - Non Warranty
IN NO EVENT SHALL Offeritem (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.
THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
You agree to indemnify and hold harmless Offeritem, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Offeritem, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity.
It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your offers on, listing, purchase and sale of items through our site.
18. No Partnership / Agency
You and Offeritem act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.
19. Violation of User Agreement
We may terminate your account registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or block/suspension of any listings you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.
If your seller account contains too many duplicate listings, a temporary listing limit may be set. These listing limitations have been created in order to improve the buyers shopping experience and end keyword spamming. If your account contains a high amount of duplicate listings we reserve the right to delete all listings.