r e e v i v e' s

TERMS OF USE

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS AND SERVICES OFFERED BY REEVIVE LLC, OR ANY OF ITS SUBSIDIARIES (“REEVIVE” OR THE “COMPANY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE WWW.SHOPREEVIVE.COM (“WEBSITE”), MOBILE APPLICATIONS, AND SERVICES PROVIDED BY REEVIVE (COLLECTIVELY, “SERVICES”).

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.

This Agreement is effective as of the first use of the Website or Services by users. This Agreement is between you (the “user” or “you”) and Reevive. Any user who is found to be in violation of the following Agreement and any other policies posted on the Website may be banned, at the sole discretion of Reevive, from using the Website or any Services.

 

Introduction & Scope

Welcome to Reevive! Reevive is a South-Asian peer-to-peer marketplace that connects buyers and sellers in women’s fashion, accessories, and wedding items. By using our Services in any manner, including but not limited to visiting or browsing the Website, you agree to the following Terms of Use, including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, and contributors of content, information, and other materials or services on our Website.

If you have any questions, please email support@reevive.com.

Changes to the Agreement and Additional Terms

We may change the terms of this Agreement from time to time, with or without notice to you and at our sole discretion, and your continued use of the Website or any Services after such changes to this Agreement have been posted constitutes acceptance of ALL SUCH changes. It is your responsibility to REGULARLY review this Agreement when using the Website or our Services.

Reevive reserves the right to modify or terminate the Website and Service for any reason, without notice and at any time. Reevive reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If Reevive makes a material change, then Reevive will notify you here by posting updates to this Agreement or by means Reevive deems appropriate. What constitutes a “material change” will be determined at Reevive’s sole discretion, in good faith, and using common sense and reasonable judgment.

The Terms include, and incorporate by reference, the following policies: Reevive’s Privacy Policy, Reevive’s Fee Policy, Reevive’s Promise to Protect, and Reevive’s Shipping & Returns Policy.

 

  1. Reevive is a Marketplace

Reevive is an online South Asian marketplace that allows users who comply with Reevive’s policies to offer, sell, and buy certain goods within a fixed-price format. Reevive is not directly involved in the transaction between buyers and sellers, unless you purchase from one of the in-house accounts managed by Reevive. Outside of our in-house accounts, Reevive 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. Except as stated in Listing and Selling (see Section 4), Reevive does not pre-screen users or the content or information provided by users. Reevive cannot ensure that a buyer or seller will actually complete a transaction.

Legal ownership of items purchased on Reevive is transferred by the seller to the buyer after a sale is completed. Reevive does not transfer nor is it involved in the transfer of legal ownership of items from the seller to the buyer, except for items being sold from Reevive in-house accounts.

Reevive cannot guarantee the true identity, age, nationality, or other features disclosed in a user’s profile. Reevive encourages you to communicate directly with potential transaction partners through the tools available on the Website or mobile application. You agree that Reevive is a marketplace and as such is not responsible or liable for any content, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Reevive. You use our Services at your own risk.

 

  1. Membership Eligibility

Reevive may, in its sole discretion, refuse to offer access to or use of the Services 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 Services is revoked in such jurisdictions.

Age

Our Services are only available to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using our Services, registering with our Website, or creating an account to use our Services, you represent and warrant that: (a) you are at least 18 years old, (b) all registration information you submit is accurate and truthful; and (c) if you are acting on behalf of a legal or business entity, you are authorized to bind that entity to the Agreement.

Individuals under the age of 18 must at all times use our 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 of any minors.

Compliance

You agree to comply with all laws including all laws applicable in the jurisdiction from which you are accessing the Website or any Services regarding acceptable content and online conduct. You are responsible for all applicable taxes. In addition, you must abide by our policies as stated in the Agreement and other policy documents available via hyperlink in this Agreement (as applicable to your activities on or use of the Services) as well as all other operating rules, policies, and procedures that may be published from time to time on our Website, each of which is incorporated herein by reference and each of which may be updated by Reevive from time to time without notice to you.

In addition, some Services offered by Reevive may be subject to additional terms and conditions circulated by Reevive from time to time; your use of these Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Account Information and Password

You acknowledge and agree that you are fully responsible for all activity, liability, and damage resulting from your failure to securely maintain your Reevive account information and password. You acknowledge and agree that you will protect your account information and password, ensure this information is current and accurate, and bear full responsibility for any activities conducted through your account.

Your account information, particularly your email address and password, authenticates your identity as a Reevive member, and Reevive is entitled to act on any transaction instructions received from your account information, regardless of whether it is being used with authorization from you. You agree to notify Reevive of any unauthorized use of your password or any breach of security. You also agree that Reevive 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 user login and password information in combination to any other party other than Reevive without Reevive’s explicit 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 Reevive and withdraw funds from seller earnings, you must also provide and maintain valid payment information, such as valid credit card information or a valid PayPal account.

Account Transfer

You may not transfer, sell, rent, assign, sub-license, or otherwise allow another party to access or use your Reevive account. You are responsible for all activity of the user 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

Our Services are not available to temporarily or indefinitely suspended Reevive users. Reevive reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Reevive reserves the right to refuse service to anyone, for any reason, at any time.

 

  1. Fees

Joining and setting up a new account on the Website and is free. However, Reevive charges the seller a sales commission calculated as a percentage of the sale or item price of a completed transaction on the Website. Reevive’s commission is 20%. We may temporarily change our fees or reduce fees for our Services for any reason at our discretion, such as promotional events. Additionally, Reevive may change some or all of our Services at any time, without notice and in our sole discretion, and any changes to our fees are effective upon the posting or negotiations of such changes. Reevive also reserves the right to cancel any promotion, discount, coupon, or similar incentive before its originally stated expiration date. In the event Reevive 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).

You are responsible for paying all fees and applicable taxes associated with using our Website and our Services in a timely manner with a valid payment method.

It should be noted that $5 from Reevive’s commission will be given to a charity upon sale.

Fees and Termination

If Reevive terminates a listing or your account, if you close your account, or if the payment of your Reevive fees cannot be completed for any reason, you remain obligated to pay Reevive for all unpaid fees plus any interest or other charges, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel or charging any payment method associated with your account). If you have a question or wish to dispute a charge, please email Reevive at conflicts@shopreevive.com.

 

  1. Listing and Selling

Listing Description

You may list and sell new and gently used/ nearly new women’s South Asian fashion and accessories, such as saree’s, lehenga’s, handbags, jewelry, and wedding items on the Website or on our mobile applications. You may not list or sell designer replicas or derivatives, including but not limited to items that are counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, logo, trademark, or design is represented in or on the item.

By listing an item for sale on the Website or any Services, you warrant and represent that (a) you are in compliance with all aspects of this Agreement and applicable laws, including in respect of all items; (b) you have the legal right to sell the item and to post all of the descriptions, graphics, photos, images and any other content related to your listing of the item; (c) the description and depiction of the item, including but not limited to any damage, size or measurements, are complete, truthful, and accurate; (d) the item is listed in the appropriate category; (e) the item is not priced significantly over a reasonable market price; (f) a reasonable market price can be determined for custom made or non-branded items; and (g) the item does not have more wear and/or damage than can be defined as Gently Used, including but not limited to: significant wear, rips, tears, discoloration, odor or broken/ missing hardware or components. Your listings may only include text descriptions, graphics, photos, images, and other content relevant to the sale of that item. All items must be listed in an appropriate category with relevant tags. Each unique item must have its own listing. In addition, certain items may be prohibited or restricted; you also need to make sure the sale of your item complies with all laws. If your listing does not comply, it may be removed. Please note that at this time only users based in the United States are eligible to list or sell on the Website or any Services.

All items on Reevive are Final Sale (including but not limited to clearance, wedding category, etc.). The sale of any items outside of women’s fashion categories is prohibited (including but not limited to intimates, technology equipment, household good, etc.) and is not covered by our Shipping & Returns.

Binding Sale

All sales are binding. The seller is responsible for accurately listing their items, and the buyer is responsible for reading the item description before making a purchase. The seller is obligated to ship the order to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance. The buyer is obligated to deliver the appropriate payment for items purchased, unless there is an exceptional circumstance.

If you do not complete a sale or purchase, your account and all listings may be suspended and removed from the Website and any Services at Reevive’s sole discretion. You may request your account and listings be reinstated, which Reevive may do in its sole discretion.

Fee Avoidance

The final price stated in each item listing description, which includes the shipping price, must be an accurate representation. Sellers may not alter the item’s price after a sale for the purpose of avoiding Reevive transaction or commission fees, misrepresent the item’s location, or use another user’s account without permission.

Offers to buy or sell outside of the Website or Services are a potential fraud risk for both buyers and sellers and are not protected by the Reevive Promise, the Agreement, or other buyer/seller protection programs. Additionally, these offers may be an attempt to avoid Reevive commission fees. This is unfair to other sellers, violates the Agreement, and will result in account termination. You may not exchange personal information or engage in any other activities to transact with another in any manner to avoid any transaction fee or the Reevive Secure Checkout process. You may not manipulate the price of any item or fees owed to Reevive when using the Website or any Services.

Shipping Fees

Before selling an item on Reevive, the seller must list the shipping cost in their item submission. Buyer will pay these fees, together with the item price, upon sale.

Third-Party Service Providers

Reevive has engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.

Reevive has partnered payment processors to facilitate credit card/ACH payments and the disbursement of funds to sellers. The provider and processing time for your payment may vary. If there are insufficient funds in your bank account or insufficient credit available when our provider processes the payment for your purchase or to recoup fees or balances due to Reevive, Reevive reserves the right to contact you directly to seek payment.

Reevive may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.

Buyer’s Information

Upon completing a sale, sellers will have access to the buyer’s full physical address. As a seller, you are strictly prohibited from using this personal information for anything other than completing the sale.

Seller’s Information

In order to cash out Seller earnings, you are required to verify your identity. This verification helps Reevive to maintain a safe place to buy and sell. At any time, Reevive may require a seller to re-verify his or her identify.

By using a third-party service, you may also be subject to an agreement with the third-party. For example, Paypal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement. Apple Pay is a third-party service provided by Apple Inc. and is subject to the Apple Pay Terms and Conditions. Android Pay is a third-party service provided by Google Payment Corp. and is subject to the Android Pay Terms and Conditions.

If Reevive receives notice that your listings or activity violates any third party service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, removing listings, or suspending your account.

Holding Period

Reevive, in its sole discretion, holds seller earnings until after the sold item has been delivered to the buyer, based on its own risk and security policies. The date of delivery is determined by the date upon which the package is delivered to the buyer, according to the shipping carrier’s tracking system. Seller earnings will be available after the holding period of five business days, except in cases wherein it is determined that the item has been misrepresented by the seller. In the event that an item misrepresentation issue arises during the holding period, Reevive reserves the right to hold seller earnings beyond the holding period, and for as long as necessary to review and resolve the issue. As per the Prohibited and Restricted Items and Activities section of Reevive’s Terms of Use, the Company also strictly prohibits the listing and sale of replica and misrepresented items, and reserves the right to withhold seller earnings in perpetuity when the Company determines, at its sole discretion, that a replica or misrepresented item has been sold through its Website or any Services.

Returned items sent back to Seller

When a returned item purchased on the Website or using our Services is determined not to meet Reevive’s listing requirements, it will be returned to Seller’s designated shipping address. If the shipping address listed in your account is outdated or incorrect, however, and you have not responded to Reevive’s attempts to reach you via the email address listed in your account, after a period of thirty days the item will be deemed abandoned and may be donated to a charity of Reevive’s choice.

 

  1. Buying

When purchasing an item, you agree that: (a) you are responsible for reading the full item listing before committing to purchase; (b) you enter into a legally binding contract with the seller to purchase his or her items when you commit to purchase the item; and (c) Reevive is not a party to the contract and does not transfer legal ownership of the item from seller to you (unless you have purchased an item from one of Reevive’s in-house accounts).

 

  1. User Submitted Content

You may submit items (including images, artwork, text, graphics, logos, and similar items) in connection with the Website or Services (“User Submissions”).

License

Reevive does not claim ownership rights of User Submissions. You grant Reevive a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, fully paid-up license to use, reproduce, create derivative works of, excerpt, reformat, distribute, perform, and display the User Submission (in whole or part) and to incorporate the User Submission in other works in any form, media, or technology now known or later developed, including without limitation (a) on the Website (including a mobile version of the Website); (b) on any application designed or developed to allow others to view your User Submission; (c) in materials created to promote the Website or any Services and their contents, and (d) in connection with online and offline events conducted in connection with the Website or Services.

You agree to allow Reevive to store, translate, or reformat User Submissions on the Website or Services and display User Submissions on Reevive in any way Reevive chooses. This includes a buyer using the same image(s) or text description as the original seller when using our re-list feature. Reevive will only use personal information in accordance with Reevive’s Privacy Policy.

You represent and warrant that the User Submission (a) is your own original work and you own all rights in the User Submission or that you have all rights in the User Submission necessary to grant the license to the User Submission contained in this Agreement; (b) will not violate any third party rights, including any third party intellectual property rights, privacy rights, moral rights, or other proprietary rights; (c) does not violate any law or regulation; and (d) does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or Services or collect user data from users of the Website or Services.

Re-Posting User Submissions

By posting User Submissions on Reevive, it is possible for an outside website or a third party to re-post your User Submissions. You agree to hold Reevive harmless for any dispute concerning this use. If you choose to display your own Reevive-hosted image on another website, the image must provide a link back to its listing page on Reevive.

Ideas & Feedback

Reevive considers any unsolicited ideas, suggestions, proposals, feedback, or any other materials submitted to the Company via the Website or Services to be non-confidential and non-proprietary. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, business models or plans, or other information about the Website or Services (“Ideas & Feedback”) provided by you to Reevive are non-confidential. Any communication by you to Reevive is subject to this Agreement, and Reevive shall be entitled to the unrestricted use and dissemination of the Ideas & Feedback for any purpose without acknowledgment or compensation to you. Reevive shall not be liable for the disclosure or use of any Ideas & Feedback. You acknowledge and hereby grant to Reevive, under all of your rights in the Ideas & Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, modify, publish, display and exploit such Ideas & Feedback for any purpose Reevive chooses, commercial or otherwise, including but not limited to incorporating it in future products or new services, documentation, or any other method, without notice or compensation to you and without further recourse by you.

 

  1. Prohibited and Restricted Items and Activities

You are solely responsible for your conduct and activities on the Website and interactions with Reevive or Reevive’s Services, and all User Submissions that you submit, post, and display on Website or Services.

Without notice, Reevive reserves the right to remove, block access to, or otherwise make unavailable any User Submission or other content that is (a) in violation of the Agreement; (b) the subject of a court order or request from a governmental agency or law enforcement; or (c) otherwise unlawful, unethical, immoral, or improper for the Reevive community, as determined by Reevive in its sole discretion. Further, we may block users that repeatedly violate the Agreement or engage in other behavior necessitating a removal of a User Submission.

User Submissions and your use of Reevive shall not:

  • be false, inaccurate, or misleading;
  • misrepresent your identity or your affiliation with any other person or entity;
  • be fraudulent or involve the sale of illegal, replica, or stolen items;
  • include item listings that are not considered women’s South- Asian fashion and accessories;
  • infringe upon any third-party’s rights, including any third party copyright, patent, trademark, trade secret or other proprietary or intellectual property rights, privacy rights, moral rights or other proprietary rights;
  • list or sell any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including but not limited to counterfeit, replica, or stolen items; child pornography; obscene materials; drugs; trade secrets; the dead body, or any part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant; or items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) or any other governmental agency in any country as hazardous to consumers and therefore subject to a recall;
  • arrange to swap or trade items with other members on Reevive;
  • advertise or otherwise promote any goods or services other than items or User Submissions that are for viewing or for sale via the Website or Services;
  • violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance, or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, or false advertising);
  • harass, annoy, stalk, harm, threaten, or otherwise engage in abusive behavior towards others, including contacting, advertising to, or soliciting any other user without prior explicit consent or using an automated system to send comments or messages to others;
  • impersonate or intimidate any person (including Reevive team members or other users), or falsely state or otherwise misrepresent your affiliation with any person through the use of similar email address, nicknames, or creation of false account(s) or any other methods of deceit;
  • interfere with a seller’s business or online profile;
  • take any action that may undermine online reviews or feedback;
  • access (or attempt to access) any portion of the Website or any Services, other personal information through any automated means (including use of scripts, scraping, or web crawlers), or violate any instructions set out in any robots.txt files present on the Website or Services;
  • obtain or attempt to obtain unauthorized access to computer systems, materials, or information, including attempting to obtain, use, or access any materials or information that is not intentionally made publicly available via the Website or Services;
  • send mass unsolicited messages, “flood” servers with requests, or perform similar actions;
  • interfere with or disrupt the Services or Website or servers or networks connected to the same;
  • manipulate, display, or access the Website or any Services or any materials or information found thereon using “framing,” “deep linking.” or similar techniques that bypass or circumnavigate the intended architecture and layout of the Website or any Services;
  • contain or transmit any code or malicious software of a destructive nature, including any software that may collect user data or personal information from users of the Website or Services;
  • upload, store, distribute, or disseminate electronic files that are corrupted or contain viruses, “trojans,” “spyware,” “adware,” “malware,” or any other malicious components, or take any measures, such as implementing “denial of service” attacks, “email bombs,” or other techniques that impose an unreasonable or disproportionately large burden on the Website any Services or any other Reevive system or network, or that are otherwise connected to or interface such systems or networks;
  • appear to create liability for Reevive or cause Reevive to lose (in whole or in part) the services of Reevive’s internet service provider or other vendors;
  • link directly or indirectly, or reference or contain descriptions of goods or services that are prohibited under this Agreement and any other policy documents posted on Reevive; or
  • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service.

In the event of a replica or misrepresented listing, Reevive will pull funds from the seller if the seller has already cashed out seller earnings from that sale. Furthermore, you may not list any item on Reevive (or consummate any transaction that was initiated using our Services) that could cause Reevive to violate any applicable law, statute, ordinance, regulation, or that violates this Agreement.

As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, or adjustments, relating to the cumulative value of all transactions or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller nor a buyer if we do not proceed with a transaction or adjustment that would exceed any limit established by us, or if we cancel a transaction due to unverified buyer or seller information.

Reevive reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of Reevive’s Terms of Use.

 

  1. Information Control

Reevive tries to monitor, but does not control the User Submissions provided by users that are made available on the Website and Services. You may find some User Submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

By using the Website and Services, you agree to accept such risks and that Reevive (and Reevive’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Reevive. Please use caution, common sense, and practice safe buying and selling when using Reevive.

Other Resources

Reevive is not responsible for the availability of outside websites or resources linked to or referenced on the Website or Services. Reevive 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 Reevive 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.

 

  1. Termination

You may cancel your account at any time by contacting our Customer Service team via email at support@shopreevive.com. As per Section 3 on Fees, you are responsible for paying any fees owed to Reevive upon termination of your account.

Reevive may restrict, suspend, or terminate your use of or access to the Website or Services, without notice or liability to you and in its sole discretion, and without refunding any fees, if Reevive suspects (by information, investigation, conviction, settlement, or otherwise) that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of this Agreement; (b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any Reevive policy; (c) your activities on or in relation to the Website or Services may violate applicable law; (d) you are unable to verify or authenticate any of your personal information or User Submissions; (e) you have failed to pay a fee; (f) you may cause legal liability or financial loss to Reevive’s users or to Reevive; (g) you have submitted an unreasonable amount of return requests; or (h) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning Reevive’s community of a user’s actions, temporarily or indefinitely suspending a user’s account privileges, terminating a user’s account, or prohibiting access to the Website or Services, and taking technical or legal steps to keep a user off the Website and refusing to provide Services to a user. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional Reevive policy, may be referred to appropriate law enforcement authorities or other third parties.

Reevive reserves the right to suspend and/or terminate a user’s account or any accounts held by that user by virtue of association, including all usernames under which that user operates on the Website or Services.

 

  1. Personal Information and Privacy

Reevive will only use personal information in accordance with its Privacy Policy, accessible via the following link: https://www.shopreevive.local/privacy.

As part of a transaction, you may obtain personal information, including shipping information, from another user. Without obtaining prior permission, this personal information shall only be used for that specific transaction or for Reevive-related communications regarding that transaction with the other user. Reevive has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Reevive user to your email or physical mail list. For more information, see Reevive’s Privacy Policy.

 

  1. Intellectual Property

All content on the Website and Services is owned by or licensed to Reevive. Subject to the Agreement, Reevive grants to you a non-exclusive, non-transferable, non-sublicensable license to access and view the Website and Service and to make a reasonable number of copies of the content on the Website and services solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to Reevive and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell, or otherwise use any materials or content on the Website or Services, and all such content is provided on an AS IS basis.

The trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Website and Services are owned by Reevive and/or its affiliates or their third party licensors and may not be used unless authorized by the trademark owner. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Reevive’s Trademarks displayed on the Service, without our prior written permission in each instance. Reevive’s intellectual property 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. All goodwill generated from the use of Reevive intellectual property will inure to our exclusive benefit.

 

  1. Complaint Procedures and DMCA Takedown Requests

Reevive respects the legal rights of others and complies with the Digital Millennium Copyright Act and equivalent laws in the jurisdictions in which the Website and Services are available. It expects you to do the same. If you believe another user has violated the Agreement or your intellectual property rights, please complete the following procedure.

Verified Rights Owners Program (VRO): To enforce the intellectual property rights of owners, Reevive engages in a Verified Rights Owners program that allows owners to request Reevive to remove certain listings that offer items or contain images or other materials that infringe on their intellectual property rights. These rights can include trademark, copyright, and/or other legal rights. For example, a Verified Rights Owner may ask Reevive to remove an item being sold that uses the rights owner’s registered trademark (such as a logo on a designer handbag) if the item is not an authentic product of the rights owner. This VRO program helps protect Reevive members from buying or selling items that may be replica or otherwise unauthorized under state and/or federal laws. Before a listing is removed, a Verified Rights Owner must provide to Reevive information that ensures that the person or company reporting the item is authorized to do so. If a Verified Rights Owner believes a listing violates their intellectual property rights, please provide Reevive with a written notice containing (where applicable) the following information:

  • a notarized request letter certifying that you are the owner of the intellectual property;
  • a description of the intellectual property that you claim has been infringed, including details on any registration that protects the same;
  • a description of the material that you claim is infringing and where it is located on the Website or Services;
  • hyperlinks to the listings with the suspected item;
  • your name, address, telephone number, and email address;
  • a statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on their behalf; and
  • an electronic or physical signature of the person authorized to act on behalf of the intellectual property owner.

Written notice should be delivered to Reevive at:

Reevive
240 E 39th Street, 6J
New York, NY 10016
716.983.4582
support@shopreevive.com

If a copyright notice is received by Reevive’s Copyright Agent, Reevive may send a copy of the notice to the user who posted the material at issue.

If your item is reported, you may receive an email notifying you that a Verified Rights Owner participant requested your listing to be removed from the Website or Services. We require the rights owner to provide us with an email address so you can contact them directly for more information about why your listing infringes their intellectual property rights. You can find the Verified Rights Owner’s email address in the email you received when your listing was removed.

At Reevive’s sole discretion, users who infringe on intellectual property rights of Verified Rights Owners will have their user accounts and/or access to the Services removed or disabled. If Reevive disables or removes your user account, or any content or other materials you have posted, and you believe this was done in error, please forward a written notice stating the same and providing any supporting documentation necessary to establish your rights to the agent referenced above.

Reevive may disclose alleged infringers’ personal identification information to third parties with intellectual property rights who have complied with the complaint procedure. For more information, see Reevive’s Privacy Policy, accessible via the following hyperlink: https://www.shopreevive.local/privacy/.

If you have concerns or questions about why your listing was reported or removed, please contact our customer service team at support@shopreevive.com if the Verified Rights Owner has not replied after 10 days or if you have any other questions.

 

  1. Counter Notification Procedures for Copyright Notices

If your material has been removed, disabled, or otherwise restricted due to a copyright infringement notification, and you believe that your material is not infringing or you were authorized by the copyright owner, the copyright owner’s agent, or pursuant to the law to post and use the material, you may send a counter-notice containing the following information to Reevive’s Agent for Infringement Claims:

  • your name, address, telephone number, and e-mail address;
  • identification of the material at issue, including its location before it was removed, disabled, or otherwise restricted;
  • a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
  • a statement that you consent to the jurisdiction of the federal court in New York, New York;
  • a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
  • your physical or electronic signature.

If a counter-notice is received by our Agent, Reevive may send a copy of the counter-notice to the original complaining party informing it that we may replace the removed material or cease disabling it in the next 30 business days at our sole discretion unless the original complaining party files an action seeking a court order against Reevive or the applicable member/user.

 

  1. Disclaimers

Reevive is not involved in the actual transaction between Buyers and Sellers unless you purchase from one of the in-house accounts managed by Reevive. While Reevive may help facilitate the resolution of disputes through various programs, and may provide guarantees which are backed by the Reevive Promise, we have no control over and do not guarantee: (a) the existence, quality, safety, or legality of items advertised; (b) the truth or accuracy of users’ content or listings; (c) the ability of Sellers to sell items; (d) the ability of Buyers to pay for items; (e) that a Buyer or Seller will actually complete a transaction or return an item; (f) the legal transfer of item from the Seller to the Buyer; or (g) that a buyer or seller will actually complete a transaction. Reevive reserves the right to return any sold item to any seller at any time, and to restrict or clawback seller earnings for any item returned to the seller.

Rather, our goal at Reevive is to maintain our Website, Services, and related tools, in a manner that is safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Website, Services, or tools. You further acknowledge that operation of and access to our Website, Services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Website, Services, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

  1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT REEVIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF USE, LOSS OF DATA, INTANGIBLE LOSSES, OR ANY DAMAGES, LOSSES OR EXPENSES THAT MAY NOT FAIRLY AND REASONABLY BE CONSIDERED TO ARISE DIRECTLY AND NATURALLY, THAT IS ACCORDING TO THE USUAL COURSE OF BUSINESS, FROM BREACH OR OTHER ACT OR OMISSION RELATING TO THE WEBSITE, SERVICES, OR AGREEMENT GIVING RISE TO THE RELEVANT LIABILITY (EVEN IF REEVIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTION RELATED TO THE WEBSITE OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR GUARANTEES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY WARRANTY OR GUARANTEE CANNOT BE EXCLUDED, REEVIVE’S LIABILITY FOR BREACH FOR SUCH WARRANTY OR GUARANTEE IS LIMITED (AT REEVIVE’S ELECTION): (A) IN THE CASE OF GOODS, A REFUND, REPAIR, OR REPLACEMENT OF THE GOODS OR PAYMENT IF THE COST OF REPAIR OR REPLACEMENT OF THE GOODS; (B) IN THE CASE OF SERVICES, THE RESUPPLY PAYMENT OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.

IF REEVIVE IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SUCH LIABILITY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE REEVIVE PROMISE UP TO THE PRICE THE ITEM SOLD ON THE WEBSITE OR SERVICES (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS; (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO REEVIVE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) $100 USD.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

 

  1. Indemnification

You agree to defend, indemnify, and hold harmless Reevive and its affiliates, and their directors, officers, employees, parents, subsidiaries, stockholders, and agents, from and against all claims, demands, liabilities, costs, taxes, losses, and expenses, including reasonable attorneys’ fees, arising from your use of the Services or Website or your breach of the Agreement, including any dispute with another user, the collection, payment or failure to collect or pay taxes if applicable, or claim from a third party. Reevive may elect to assume the defense and control of such claim and, in such case, you agree to cooperate with Reevive in the defense of such claim and to reimburse Reevive for all reasonable expenses and fees incurred in the course of defending such claim.

 

  1. No Guarantee

Reevive does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website or Services may be interfered with by numerous factors outside Reevive’s control.

 

  1. Disputes with Other Users or Third Parties

In the event a dispute arises between you and another user or a third party, Reevive encourages you to contact the user or third party to resolve the dispute amicably.

Reevive reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Website or Services. If you have a dispute with one or more users, you release Reevive, its affiliates and subsidiaries, and its respective officers, directors, employees, and agents from claims, demands, and damages for every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more users, or an outside party. Reevive will only become involved in conflicts arising between users if such conflicts meet the requirements stated in Reevive’s Secure Checkout Terms of Use.

You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

 

  1. Disputes with Reevive

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND REEVIVE HAVE AGAINST EACH OTHER ARE RESOLVED.

This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Reevive agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any purchases or other transactions or relationships with Reevive, or (iii) any data or information you may provide to Reevive or that Reevive may gather in connection with such use, interaction or transaction (collectively, “Reevive Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Reevive Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, or disagreement you may have against Reevive, and any claim that Reevive may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any Reevive Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Reevive agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

  1. (a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Reevive (the “Arbitrator”);
  2. (b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Use is void or voidable;
  3. (c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Reevive; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
  4. (d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
  5. (e) No Class Relief. The Arbitration can resolve only your and/or Reevive’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
  6. (f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
  7. (g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Reevive will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
  8. (h) Reasonable Attorney’s Fees. In the event you recover an Award greater than Reevive’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Reevive’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Reevive shall in all events bear its own attorneys’ fees; and
  9. (i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Reevive shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
  10. (j) Modification of Arbitration Clause With Notice. Reevive may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Reevive has given notice of such modifications and only on a prospective basis for claims arising from Reevive Transactions and Relationships occurring after the effective date of such notification.
  11. (k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Reevive in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
  12. (l) Government regulators and ombudsman. Nothing in this section excludes your rights to seek resolution of disputes through the applicable government regulators, ombudsmen or their associated dispute resolution processes at law in any jurisdiction in which the Website or Services are available.

 

  1. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services 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 using the Website and Services. The amount of taxes applicable to your purchase includes state and local taxes and is calculated based on the type and cost of the item purchased, as well as the delivery address and/or location of the seller.

Taxes are not included in the seller’s listing price, however, all applicable taxes are disclosed prior to confirmation of any purchase made on the Website and Services.

Where legally required or permitted to do so, Reevive shall automatically calculate, collect and remit taxes on behalf of sellers for purchases made on the Website and Services and shipped to locations in the United States. If for any reason Reevive is unable to submit the taxes collected on behalf of a seller in a particular jurisdiction, Reevive shall provide such seller with the collected taxes and seller shall be responsible for submitting the taxes to the applicable authority responsible for administering the tax. Sellers are responsible for collecting, reporting, and paying all taxes other than those taxes that Reevive automatically calculates, collects and remits on behalf of sellers according to these terms and applicable law.

 

  1. Severability

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.

 

  1. No Agency

You and Reevive are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

 

  1. Survival

Sections 3 (Fees), 4 (Listing and Selling), 6 (User Submitted Content, License). 8 (Information Control), 9 (Termination), 10 (Personal Information and Privacy), 11 (Reevive’s Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (No Guarantee), 18 (Disputes with Other Users), 19 (Disputes with Reevive), 21 (Severability), 22 (No Agency), and 25 (General Terms) shall survive any termination or expiration of this Agreement.

 

  1. Notices

Unless expressly provided elsewhere in the Agreement, any notice, demand, claim, or communication related to the Agreement may be provided by: (a) electronic mail transmission; (b) first class mail or certified mail, postage prepaid; or (c) express courier, cost prepaid; and sent to the following:

  • Reevive, LLC, c/o Registered Agents Inc., 90 State St., Office 40, Albany, NY 12207
  • The user account name, email address, and physical address associated with your user account.

Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, or 72 hours after delivery by mail or courier. The parties agree that service of process and service of a summons related to any disputes arising under this Agreement between the parties can be served via this notice provision.

 

  1. General Terms

This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without Reevive’s express written consent. On the other hand, Reevive may assign, sublicense, or otherwise transfer any rights or licenses under the Agreement, without restriction and without prior notice to you.

Following termination of this Agreement and/or your commercial relationship with Reevive, any term of the Agreement logically extended beyond such termination shall survive to the fullest extent necessary to allow you and Reevive to enforce any rights obtained or obligations incurred hereunder.

No term or provision of this Agreement is meant or intended to benefit any third party.

You agree that this Agreement will be governed by the laws of the State of New York and applicable United States federal law without regard to conflicts of law principles and you submit to the exclusive jurisdiction of the Courts in the State of New York for all matters related to this Agreement.

This Agreement represents the entire agreement and understanding between you and Reevive and it supersedes any other agreement or understanding (written, oral or implied) between you and Reevive. No other agreements, promises, representations, or understandings shall be binding upon Reevive with respect to the Website or Reevive’s Services unless contained in this Agreement, or separately agreed to in writing and signed by an authorized representative of Reevive.

Neither you nor Reevive will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.

If any part of this Agreement shall be determined to be illegal, invalid, or unenforceable: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the parties; and (b) the remaining parts of the Agreement shall be deemed valid and enforceable, so long as the remaining parts continue to fulfill the original intent of the parties.

 

  1. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California, Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Updated: December 21, 2022