TERMS OF SERVICE
WELCOME TO REQWIP. We are excited for you to join our effort to make sports more affordable, more accessible, and thereby more enjoyable! By accessing our servers, websites, or content therefrom (together, “RQ”), you agree to these Terms of Service (“TOS”), last updated December 08, 2013.
BRAINTREE reQwip uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells . LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access RQ in compliance with the TOS; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from RQ, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with RQ, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
MODERATION. You agree we may moderate RQ access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules, e.g., the list below entitled “PROHIBITED,” are incorporated herein.
PROHIBITED. Users must comply with all applicable laws, as well as the reQwip terms of service and all posted site rules. Here is a partial list of goods, services, and content prohibited on reQwip:
any good, service, or content that violates the law or legal rights of others
any good, service, or content that is unrelated to sporting goods and services
as regards reQwip’s initial “beta” release, we are limiting “sporting goods and services” to those pertaining to the sports of cycling and triathlon, the interpretation of which is at the sole discretion of reQwip’s staff false, misleading, deceptive, or fraudulent content; bait and switch
offensive, obscene, defamatory, threatening, hateful, or malicious content
anyone’s personal, identifying, confidential or proprietary information
spam; miscategorized, overposted, cross-posted, or nonlocal content
postings or email the primary purpose of which is to drive traffic to a website
weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
US military items not demilitarized in accord with Defense Department policy
child pornography; bestiality; offers or solicitation of illegal prostitution
pet sales (re-homing with small adoption fee ok), animal parts, stud service
food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
alcohol or tobacco; unpackaged or adulterated food or cosmetics
prescription drugs, medical devices; controlled substances and related items
hazardous materials, recall items; body parts/fluids; unsanitized bedding/clothing
stolen property, property with serial number removed/altered, burglary tools, etc
ID cards, licenses, police insignia, government documents, birth certificates, etc
counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
content that offers, promotes, or provides links to unsolicited products or services
affiliate marketing; network, or multi-level marketing; pyramid schemes
Thanks for helping keep reQwip safe and useful for everyone.
SALES. You authorize us to charge your account for RQ fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
PAYMENTS AND PROVIDER. reQwip uses Braintree Payment Solutions LLC (Braintree) for payment processing. In order for you to use Braintree’s payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at: https://www.braintreepayments.com/landing/gateway-terms-of-service. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that RQ is not a party to the MSA and that you, Braintree and Braintree’s sponsoring bank and the three parties to the MSA and that RQ has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.
SHIPPING. RQ does not support shipping, all sales are currently fulfilled locally through in person pickup meetings scheduled mutually by the buyer and seller.
RETURNS. RQ is not responsible for the negotiation of returns between parties. When an item is purchased, RQ’s payment system will charge the purchaser’s credit card; we will then confirm with both the purchaser and the seller that the item was successfully turned over to the possession of the buyer; at which point the payment for the item will be turned over to the seller. If the purchaser does not receive the item or rejects the item before taking possession of the item, we will return the purchaser’s money to her/him. However, once a purchaser takes possession of an item, RQ is not responsible to return any money to the purchaser.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to RQ, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and RQ is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your RQ use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“RQ ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) RQ ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
CLAIMS. You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOS or your RQ use is governed by California (“CA”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in San Francisco, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against RQ Entities; (6) (except government agencies) to indemnify RQ Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your RQ use; (7) you are liable for TOS breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
MISC. Users complying with prior written licenses may access RQ thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOS term is unenforceable, other terms are unaffected. If TOS translations conflict with the English version, English controls.