TERMS AND CONDITIONS OF USE
1. SCHOONER CHANDLERY IS A MARKETPLACE
Schooner Chandlery acts as a marketplace to allow users who comply with Schooner Chandlery’s policies to offer, sell and buy items within a fixed-price format. Schooner Chandlery is not directly involved in the transaction between buyers and sellers. As a result, Schooner Chandlery has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Schooner Chandlery does not pre-screen users (except for services that require an application) or the content or information provided by users. Schooner Chandlery cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Schooner Chandlery does not transfer legal ownership of items from the seller to the buyer. Schooner Chandlery cannot guarantee the true identity, age, and nationality of a user. Schooner Chandlery encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.You agree that Schooner Chandlery is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Schooner Chandlery. You use the Schooner Chandlery service at your own risk.
2. MEMBERSHIP ELIGIBILITY
Schooner Chandlery’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Schooner Chandlery may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Schooner Chandlery’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Schooner Chandlery’s policies as stated in the Agreement (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Schooner Chandlery, each of which is incorporated herein by reference and each of which may be updated by Schooner Chandlery from time to time without notice to you: In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Schooner Chandlery from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Copyright and Intellectual Property Policy
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Schooner Chandlery of any unauthorized use of your password or any breach of security. You also agree that Schooner Chandlery cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Schooner Chandlery without Schooner Chandlery’s express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Schooner Chandlery you must provide and maintain valid payment information such as valid credit card information.
You may not transfer or sell your Schooner Chandlery account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
RIGHT TO REFUSE SERVICE:
Schooner Chandlery’s services are not available to temporarily or indefinitely suspended Schooner Chandlery members. Schooner Chandlery reserves the right, in Schooner Chandlery’s sole discretion, to cancel unconfirmed or inactive accounts. Schooner Chandlery reserves the right to refuse service to anyone, for any reason, at any time.
3. FEES AND BILLING
Joining and setting up an active store on Schooner Chandlery is free (excluding additional sales channels on Schooner Chandlery that may have separate fees). Schooner Chandlery charges a 3% percentage of the sale price when the product sells. Changes to the Fees Policy and the fees for Schooner Chandlery’s services are effective after Schooner Chandlery provides you with at least fourteen (14) days’ notice by posting the changes on the Site. Schooner Chandlery may, at Schooner Chandlery’s sole discretion, change some or all of Schooner Chandlery’s services at any time. In the event Schooner Chandlery introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
4. LISTING AND SELLING
All listings on Schooner Chandlery must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Schooner Chandlery’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Schooner Chandlery shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
All sellers are urged to outline store policies for their Schooner Chandlery shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Schooner Chandlery’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Schooner Chandlery reserves the right to request that a seller modify a shop policy.
Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to deliver the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
5. PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to Schooner Chandlery and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Schooner Chandlery.
Restricted Activities: Your Content and your use of Schooner Chandlery shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Schooner Chandlery’s Copyright and Intellectual Property Policy)
4. Violate this Agreement, Schooner Chandlery Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Schooner Chandlery staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Interfere with a seller’s business or shop
8. Take any action that may undermine online reviews or feedback
9. Be obscene or contain child pornography
10. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
11. Host images not part of a listing
12. Modify, adapt or hack Schooner Chandlery or modify another website so as to falsely imply that it is associated with Schooner Chandlery
13. Appear to create liability for Schooner Chandlery or cause Schooner Chandlery to lose (in whole or in part) the services of Schooner Chandlery’s ISPs or other suppliers
By posting Content on Schooner Chandlery, it is possible for an outside website or a third party to re-post that Content. You agree to hold Schooner Chandlery harmless for any dispute concerning this use. If you choose to display your own Schooner Chandlery-hosted image on another website, the image must provide a link back to its listing page on Schooner Chandlery.
Schooner Chandlery considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Schooner Chandlery shall not be liable for the disclosure or use of such Material. If, at Schooner Chandlery’s request, any member sends Material to improve the site (for example through forums or to customer support), Schooner Chandlery will also consider that Material to be non-confidential and non-proprietary and Schooner Chandlery will not be liable for use or disclosure of the Material. Any communication by you to Schooner Chandlery is subject to this Agreement. You hereby grant and agree to grant Schooner Chandlery, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. INFORMATION CONTROL
Schooner Chandlery does not control the Content provided by users that is made available on Schooner Chandlery. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Schooner Chandlery, you agree to accept such risks and that Schooner Chandlery (and Schooner Chandlery’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Schooner Chandlery. Please use caution, common sense, and practice safe buying and selling when using Schooner Chandlery.
Schooner Chandlery is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Schooner Chandlery does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Schooner Chandlery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Schooner Chandlery’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. Schooner Chandlery is not involved with user generated groups, the groups’ requirements, or the Meetings.Schooner Chandlery does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Schooner Chandlery does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
9. RESOLUTION OF DISPUTES AND RELEASE
Disputes with Schooner Chandlery:
In the event a dispute arises between you and Schooner Chandlery, please contact Schooner Chandlery.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Washington, DC, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and marketplace in the United States Federal Courts or state courts located in Washington, DC. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Schooner Chandlery agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
DISPUTES WITH USERS OR THIRD PARTIES:
In the event a dispute arises between you and another user or a third party, Schooner Chandlery encourages you to contact the user or third party to resolve the dispute amicably. If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Schooner Chandlery, they may choose to participate in Schooner Chandlery’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Schooner Chandlery. Schooner Chandlery provides its dispute resolution process for the benefit of users. Schooner Chandlery does so in Schooner Chandlery’s sole discretion, and Schooner Chandlery has no obligation to resolve disputes between users or between users and outside parties. To the extent that Schooner Chandlery attempts to resolve a dispute, Schooner Chandlery will do so in good faith based solely on Schooner Chandlery’s policies. Schooner Chandlery will not make judgments regarding legal issues or claims. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.You release Schooner Chandlery (and Schooner Chandlery’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
10. SCHOONER CHANDLERY’S INTELLECTUAL PROPERTY
SCHOONER CHANDLERY, and other Schooner Chandlery graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Schooner Chandlery, Inc. in the U.S. and/or other countries. Schooner Chandlery’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. ACCESS AND INTERFERENCE
Schooner Chandlery may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Schooner Chandlery is updated on a real-time basis and is proprietary or is licensed to Schooner Chandlery by Schooner Chandlery’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Schooner Chandlery for any purpose whatsoever without Schooner Chandlery’s prior express written permission. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in Schooner Chandlery’s sole discretion, an unreasonable or disproportionately large load on Schooner Chandlery’s infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in Schooner Chandlery Guidelines from the Site without the prior express written permission of Schooner Chandlery and the appropriate third party, as applicable
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass Schooner Chandlery’s robot exclusion headers or other measures Schooner Chandlery may use to prevent or restrict access to Schooner Chandlery
Without limiting any other remedies, Schooner Chandlery may, without notice, and without refunding any fees, delay or immediately remove Content, warn Schooner Chandlery’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Schooner Chandlery reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Schooner Chandlery.
14. NO WARRANTY
SCHOONER CHANDLERY, SCHOONER CHANDLERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SCHOONER CHANDLERY’S SUPPLIERS PROVIDE SCHOONER CHANDLERY’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SCHOONER CHANDLERY, SCHOONER CHANDLERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SCHOONER CHANDLERY’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SCHOONER CHANDLERY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. LIABILITY LIMIT
IN NO EVENT SHALL SCHOONER CHANDLERY, AND (AS APPLICABLE) SCHOONER CHANDLERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SCHOONER CHANDLERY’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SCHOONER CHANDLERY’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SCHOONER CHANDLERY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SCHOONER CHANDLERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SCHOONER CHANDLERY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD SCHOONER CHANDLERY AND (AS APPLICABLE) SCHOONER CHANDLERY’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. NO GUARANTEE
Schooner Chandlery does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Schooner Chandlery’s control.
18. LEGAL COMPLIANCE; TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Schooner Chandlery service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Schooner Chandlery’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. NO AGENCY
You and Schooner Chandlery are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. SCHOONER CHANDLERY SERVICE
22. CHOICE OF LAW
This Agreement shall in all respects be interpreted and construed with and by the laws of the District of Columbia (Washington, DC) and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Schooner Chandlery; Attn: Legal 576; 411 Walnut Street #3533, Green Cove Springs, FL 32043 (in the case of Schooner Chandlery) or, in your case, to the email address you provide to Schooner Chandlery (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Schooner Chandlery may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Schooner Chandlery. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Schooner Chandlery Inc., located in Washington, DC and with mailing address of 411 Walnut Street PMB 3533, Green Cove Springs, FL 32043.