Website Terms of Use
Last Modified: October 5, 2018
AccountWarehouse.com (“Website”) is an online marketplace on which users may offer for sale, sell, and purchase digital and/or virtual items (“Items”). Account Warehouse does not own any of the Items listed for purchase on the Website. Account Warehouse serves as a middleman for transactions of Items on the Website.
1.
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Account Warehouse Ventures, LLC, ("
Company
", "
we
" or "
us
"). The following terms and conditions (collectively, "
Terms of Use
"), govern Your access to and use of the Website, including any content, functionality and services offered on or through the Website, whether as a registered user or guest. All policies posted on the Website, including our Privacy Policy, Website Copyright Policy, Warranty Policy, and any other posted policy on the Website (“Policies”) are expressly incorporated herein.
Please read the Terms of Use carefully before You begin use of the Website.
By clicking to accept, consent, or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use and incorporated Policies.
If You do not want to agree to these Terms of Use, You must not access or use the Website.
Like many consumer contracts, these Terms of Use contain a mandatory arbitration provision and waiver of jury trial rights. Please read Section 18 to learn more.
This Website is offered and available to users who are eighteen (18) years of age or older. Minors are prohibited from offering for sale, selling, and/or buying Items on this Website and must have a parent or legal guardian consummate any transaction on their behalf. By using this Website, You represent and warrant that You are of legal age to form a binding contract with Account Warehouse and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Website. If You are in a jurisdiction or territory in which access to the Website or its content is illegal, You must not access or use the Website. Account Warehouse holds no liability for Your violation of applicable laws and You assume the risk of use of the Website.
2.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon posting to the Website and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to read these Terms of Use frequently when You access this Website so that You are aware of any changes, as they are binding on You.
3.
Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
4.
No Affiliates or Partners
Account Warehouse is an independent company that does not have any online affiliates, subsidiaries, partners, or related websites.
The only Website on which Account Warehouse operates and facilitates transactions online is at the URL
www.accountwarehouse.com
.
Any other website or e-commerce site claiming or appearing to be affiliated, sponsored, partnered, endorsed, or otherwise related to Account Warehouse is a spoof of our Website. Cybercriminals use spoof websites for nefarious purposes and You should always verify that You are using our Website by verifying that the correct URL appears in your browser window.
5.
Services
Account Warehouse does not own any of the Items listed on the Website and Account Warehouse serves as a middleman for transactions transacted on the Website. To provide this service, Sellers of Items must pay Account Warehouse a fee in the form of an individually negotiated commission. No user account is required for Account Warehouse to serve as the middleman for the transaction.
5.1
Sellers.
Selling an Item on the Website requires You to provide certain information including, but not limited to, Your name, email address, address, payment information, country of residence, and information pertaining to Your Item as requested by Account Warehouse. You must provide accurate, complete, and updated information, identification details, and any other form of authentication which Account Warehouse may request in its sole discretion.
You represent and warrant that the sale or transfer of any Item does not violate any agreement that You may have with any third party. You further represent that You own all rights, title, and interests to the Item, free of restriction on transfer or sale. Account Warehouse shall not be liable for Your violation of any third party agreement that You are bound by.
In the event that Account Warehouse agrees to facilitate a transaction for Your Item, we will contact You regarding details of Your Item to facilitate transfer. Once we have successfully secured the Item for transfer, we will provide You with payment of the commission within twenty-four (24) hours via a payment method selected by You through the Website.
After You sell an Item to Account Warehouse, we will change as much identifying and personal information affiliated with the Item as possible. However, You understand and agree that in some instances there may be restrictions outside of our control in which we cannot change or alter an Item to remove Your personal information.
5.2
Buyers.
If You wish to make a purchase of an Item on the Website, You will be required to provide your name, address, phone number, email address, and payment information. You must provide accurate, complete, and updated contact information, identification details, and any other form of authentication that Account Warehouse may request in its sole discretion.
Our standard hours of operation are 8:00 am – 12:00 am CST 7 days a week, excluding holidays. If You purchase an Item during our standard hours of operation, we will deliver the account within thirty (30) minutes, absent a service interruption to the server or Website. If the Item is purchased outside our standard business hours, it will be processed the following business day. All sales of Items from Account Warehouse are final and You shall not be entitled to any exchanges or refunds. In the event that Account Warehouse issues a refund prior to delivering the item or service, You shall not be entitled to delivery of the item or service.
5.3 Billing and Taxes
.
When You buy or sell an Item through Account Warehouse, You are required to input billing or payment information to complete such transactions. Upon an offer to purchase an Item, You will have opportunity to review and accept the fees that You will be charged. If You accept, You agree to remit payment for the charges incurred in accordance with these Terms of Use and the applicable pay service. If You dispute any charges, you must inform Account Warehouse in writing within thirty (30) days of receipt of Your billing statement.
If You fail to pay fees on time, or if Your credit card payment information is entered incorrectly or fails to process and You do not update payment information upon our request, Your access to the Website may be suspended or cancelled. Additionally, if You fail to make payment, for any reason, we reserve the right to report any missed payment to credit bureaus.
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Account Warehouse based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
6.
Intellectual Property Rights
The Website and its contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Account Warehouse, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit You to use the Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
7.
Third Party Trademark Rights
All third party intellectual property (including word marks, logos and icons), referenced on the Website remain the property of their respective owners.
Account Warehouse’s use of third party trademarks does not indicate any relationship, sponsorship, affiliation, or endorsement between Account Warehouse and the owners of these trademarks.
Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any third-party trademark.
Any references on the Website to third party trademarks is solely to identify the corresponding third party goods and/or services and shall be considered nominative fair use under the trademark law.
8.
Copyright Infringement
Account Warehouse respects the intellectual property of others and asks that You do the same. Our Copyright Policy may be located here:
https://www.accountwarehouse.com/home/copyrightpolicy.
8.
9.
Prohibited Uses
You may use the Website solely for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
·
In any way that violates any applicable federal, state, local or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
·
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
·
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
·
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses associated with any of the foregoing.
·
To infringe the intellectual property rights of others.
·
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, You agree not to:
·
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
·
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
·
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
·
Use any device, software or routine that interferes with the proper working of the Website.
·
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to the Website or its servers or databases.
·
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
·
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
·
Otherwise attempt to interfere with the proper working of the Website.
10.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
11.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy: https://www.accountwarehouse.com/home/privacypolicy
. By using the Website, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.
12.
User Content
We, including third party partners and our affiliates, may ask You for Feedback (as further defined below) on Your experience with the Website and the services offered thereon. Account Warehouse shall become the owner of any reviews, comments, suggestions or other feedback regarding the Website or services offered through the Website posted to the Website or on Account Warehouse’s social media pages (collectively, "Feedback") and it may share Feedback with any of its affiliates. Account Warehouse will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Website or elsewhere. Without limitation, Account Warehouse will have exclusive ownership of all present and future existing rights to the Feedback and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote Account Warehouse, without compensation to You or any other person sending the Feedback. You specifically waive any "moral rights" in and to the User Content.
To the extent that You decide to post any content (“User Content”) on the Website or on Account Warehouse’s social media pages, You agree that Your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have written permission from the rightful owner of the material or You are otherwise legally entitled to post the material and to grant Account Warehouse all of the license rights granted herein. You acknowledge that You are responsible for whatever material You submit, and that You have sole responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. Account Warehouse may refuse to accept or transmit User Content and shall have the right to delete, edit, modify, reformat, excerpt, or translate any of Your User Content.
13.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
14.
Right of Termination
Subject to the terms of our Warranty Policy, You are not entitled to a refund. We may suspend or cancel Your access to the Website, at our sole discretion, without notice or refund to You if you violate these Terms of Use or incorporated Policies. Your license to use Account Warehouse’s Website and Content automatically terminates upon Your termination. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content You submitted to the website before Your access being terminated, including Feedback, shall survive termination.
15.
Disclaimer of Warranties
EXCEPT FOR THE WARRANTY IDENTIFIED IN OUR WARRANTY POLICY,
www.accountwarehouse.com/home/warranty,
ACCOUNT WAREHOUSE DISCLAMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16.
Limitation on Liability
IN NO EVENT WILL ACCOUNT WAREHOUSE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17.
Indemnification
You agree to defend, indemnify and hold harmless Account Warehouse, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable attorneys' fees, arising out of or relating to Your violation of these Terms of Use and incorporated Policies or Your use of the Website, including, but not limited to, any infringement of a third-party’s intellectual property rights, any violation of a third-party agreement for Your Item which You are bound by, any use of the Website's content, services and use of Items other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Website.
18.
Dispute Resolution
In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, these Terms of Use and incorporated Policies, You agree to first attempt to negotiate in good-faith any Dispute informally for at least sixty (60) days with Account Warehouse before either party institutes any arbitration. The negotiation period begins upon receipt of written notice by the party raising the Dispute. Notice may be sent via electronic mailing to
[email protected]
or via registered mailing to Account Warehouse Customer Service, 8 The Green #17792 Dover, DE 19901. You consent to receipt of notice from Account Warehouse via electronic mailing to Your email address.
If the Dispute cannot be resolved by negotiations, either party may elect to have the Dispute finally and exclusively resolved by submission to binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.
This arbitration provision limits Your and Account Warehouse’s ability to litigate claims in court and to have the Dispute heard by a jury. You and Account Warehouse are waiving the right to trial by jury.
Arbitration shall be commenced and conducted by JAMS, pursuant to its Comprehensive Arbitration Rules (available on the JAMS webpage).
19.
Governing Law
These Terms of Use will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between You and us arising out of these Terms of Service or pertaining to the subject matter hereof.
20.
Waiver and Severability
No waiver of or by Account Warehouse of any term or condition set forth in these Terms of Use or Policies shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Account Warehouse to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use and Policies will continue in full force and effect.
21.
Entire Agreement
The Terms of Use and incorporated Polices constitute the sole and entire agreement between You and Account Warehouse and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and services thereon.
22.
Assignment
The Terms of Use and Policies are not assignable, transferable, or sublicensable by You except with Account Warehouse’s prior written consent. Any assignment in violation of this section shall be null and void. Account Warehouse may assign, transfer, or delegate any of its rights and obligations hereunder without Your consent.
23.
Questions, Comments and Concerns
This website is operated by Account Warehouse Ventures, LLC, 8 The Green #17792 Dover, DE 19901. Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected] or by registered mail at the appropriate address below:
Account Warehouse Ventures, LLC
Attention: Account Warehouse Customer Service
8 The Green #17792
Dover, DE 19901