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Registered eBay Drop off Location User Agreement
This Registered eBay Drop Off Location Program (the REDOL Program) license agreement (the Agreement) is made by and between eBay Inc. (eBay) and you. In order to be a Registered eBay Drop Off Location (REDOL Location) and to use the REDOL Program logo, icon, text description and other REDOL Program branding elements that may be provided by eBay to you from time to time (collectively, the REDOL Program Branding), you must read and agree to the terms of this Agreement in the manner indicated by eBay. In addition, in order to be a Registered Location and to use the REDOL Program Branding, you first need to meet all qualifications described below. If you do not agree to the terms of this Agreement, and/or if you do not meet and maintain the requirements described herein, you are not eligible to be a REDOL Location, you may not use the REDOL Program Branding, and you may not appear in the Trading Assistant Directory. Further, if at any time you no longer meet the then-current licensing requirements for the REDOL Program Branding as determined by eBay, you must immediately cease using the REDOL Program Branding. For the sake of clarity, each franchise organization (each, a Franchisor) must accept this Agreement prior to using (either directly or indirectly) REDOL Program Branding, and each franchisee of any such Franchisor (each, a Member Franchisee) must accept this Agreement prior to using (either directly or indirectly) REDOL Program Branding. Member Franchisees may not rely on any agreements between eBay and their Franchisor, and Franchisors may not rely on any agreements between eBay and their Member Franchisees. This Agreement applies to the REDOL Program for www.eBay.com (the eBay Site) only. You are responsible for learning the different rules for participating in any REDOL Program associated with any of eBays international sites and engaging in activities as a REDOL Location in connection with any REDOL Program associated with any of eBays international sites, and you agree to comply with those rules before doing so. General Terms Related to REDOL Locations and the REDOL Program. You must meet various requirements as set forth in this Agreement in order to qualify to join the REDOL Program. You acknowledge that the license granted to you pursuant to this Agreement is a privilege and not a right, and eBay may revoke that privilege at any time. REDOL Locations are not representatives, employees, independent contractors, or agents of eBay. eBay does not formally screen REDOL Locations to confirm a set of professional standards or credentials. eBay is not responsible for the acts or omissions of REDOL Locations, and eBay has no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings or the ability of sellers to sell items. All transactions and disputes between REDOL Locations and their clients are governed by the terms of the agreement between the REDOL Location and the client, not this Agreement or the eBay User Agreement. eBay encourages REDOL Locations to enter into written agreements with their clients that address all issues relevant to the relationship. REDOL Locations are responsible for the content and paying all fees related to all listings that they facilitate, whether listed under their own eBay User ID or in the name of a client. Qualification Requirements for Becoming a REDOL Location. To qualify as a REDOL Location and use the REDOL Program Branding, you must meet and maintain the following requirements throughout the Term of this Agreement:
In addition to satisfying and maintaining the requirements set forth above, to qualify as a REDOL Location and use the REDOL Program Branding, you must comply with the following at all times during the Term:
Use of REDOL Program Branding. REDOL Locations who comply with the terms of this Agreement and meet and maintain all of the qualifications described above may use the REDOL Program Branding in accordance with this Agreement and the Style Guide. This license to use the REDOL Program Branding is nonexclusive, nontransferable, non-assignable, non-sublicenseable and royalty free. All rights not expressly granted herein are reserved by eBay. You acknowledge eBays sole ownership of the REDOL Program Branding, and that nothing in this Agreement, your performance as a REDOL Location, or that may be implied by law gives you any right title or interest in the REDOL Program Branding. You agree to immediately cease all use of the REDOL Program Branding upon the expiration or termination of this Agreement. You may not use or display any REDOL Program Branding in a manner that implies an affiliation with eBay or in any way suggests that eBay is involved with or endorses your products or services. Any use of the REDOL Program Branding, or any other eBay protected material not specifically authorized in this Agreement is not permitted without eBays prior written approval. REDOL Locations who do not meet and maintain the requirements described in this Agreement, are not eligible to use the REDOL Program Branding. Further, if at any time you no longer meet the then-current licensing requirements for the REDOL Program Branding as determined by eBay in eBays sole discretion, you must immediately cease using the REDOL Program Branding. You may not use or display any REDOL Program Branding in a manner that implies an affiliation with eBay or in any way suggests that eBay is involved with or endorses your products or services. Any use of the REDOL Program Branding, or any other eBay protected material not specifically authorized in this Agreement is not permitted without eBays prior written approval. If you exceed the scope of the license granted herein or use the REDOL Program Branding in a manner that violates the Style Guide or is misleading or reasonably objectionable to eBay, eBay may immediately terminate the foregoing REDOL Program Branding license and remove you from the REDOL Location Program. Alternatively, instead of terminating the license in total, eBay may specify that certain of your uses may not contain the REDOL Program Branding. You shall not use any name or trademark confusingly similar to any eBay mark and/or in such proximity to any of your trademarks or third party trademarks so as to create a combination or composite mark. If eBay modifies the REDOL Program Branding and requests you to modify any use accordingly, you shall modify such items within the time frame identified by eBay in writing. You shall not form any combination marks with the REDOL Program Branding and any other mark. Terms Specific To Taglines. Without limiting the terms of this Agreement or the Style Guide, you hereby acknowledge and agree to the following tagline restrictions: You may not use eBay in a tagline that you intend to serve as a brand for your REDOL Location and/or your activities in connection with the REDOL Program; however, you may create a descriptive tagline that includes the term eBay and use (during the Term of this Agreement) such descriptive tagline in connection with the services provided by you under the REDOL Program provided you comply with the following requirements (collectively, the Tagline Requirements):
Please note that it is your responsibility to make sure that the descriptive tagline you use does not infringe the rights (including, without limitation, trademark and other intellectual property rights) of any third-party. It is not eBays responsibility to clear your proposed taglines for your use; please consult your attorney with any questions you may have. If you do not wish to create a descriptive tagline, you may use (during the Term of this Agreement) one of the following taglines in accordance with and subject to this Agreement (including, without limitation, the above Tagline Requirements) and the Style Guide:
eBay Trading Assistant Directory. The Trading Assistant Directory means the directory on the Trading Assistant Site which may be provided by eBay and which may contain certain contact and other information related to certain REDOL Locations and eBay Trading Assistants. The Trading Assistant Directory is provided to assist individuals in locating REDOL Locations and other eBay Trading Assistant. eBay may modify or remove the Trading Assistant Directory from the Trading Assistant Site at any time in eBays sole discretion with or without notice to you. eBay retains sole control and discretion regarding the content that is included in the Trading Assistant Directory and the manner in which REDOL Location and eBay Trading Assistant information is listed within the directory. eBay's listing of a member in the Trading Assistant Directory does not constitute an endorsement or approval of the REDOL Location or the eBay Trading Assistant. eBay may remove you from the Trading Assistant Directory at any time in eBays discretion with or without notice to you. You shall comply with the following Trading Assistant Directory policies, as such policies may be updated from time to time by eBay with or without notice to you:
User Data Restrictions. Notwithstanding anything contrary in this Agreement, you shall not: (i) collect personally identifiable information from any person that accesses any page of the eBay Site (an eBay User) without their express permission; nor (ii) commercialize (sell, rent, or lease) any data or information about or pertaining to eBay Users (User Data). Notwithstanding anything to the contrary in the eBay Privacy Policy, if you are a Member Franchisee, by accepting this Agreement you hereby agree to allow eBay to provide your Franchisor with information related to Items sold by you, your activities on the eBay Site and/or your activities on the Trading Assistant Site and you represent and warrant that your Franchisor will use such information strictly in accordance with the eBay User Agreement and eBay Privacy Policy. Franchisors who accept this Agreement and receive any information from eBay about their Member Franchisees and/or their Member Franchisees activities on the eBay Site and/or Trading Assistant Site hereby agree to use such information in accordance with the eBay User Agreement and eBay Privacy Policy. Legal Compliance. You must comply with all laws that govern consignment sales. When required, you will become licensed as businesses, brokers, dealers, auctioneers or other applicable forms of licensees before listing regulated items on eBay and will maintain required licensing in good standing during the duration of their sales on eBay. REDOL Locations that operate as storefront businesses must include accurate city and state item location in their listings, must include item serial numbers if available in their listings, and must record identification, billing and listing information of all consignors, must retain those records for at least sixty (60) days, and must make those records available to local law enforcement officials upon request during regular business hours. REDOL Locations may not use the term "auction" or "auctioneer" in any name(s) they use for business purposes (including, without limitation, store names and name(s) they incorporate their business under) or advertising materials (including, without limitation, signage) to describe their sales on eBay unless they are licensed under their state laws as an auctioneer or auction business or in the traditional auctioneer business in a state that does not license traditional auctioneers. REDOL Locations may use the term "auction-style" instead. If you registered in the Trading Assistant Directory prior to January 15, 2008, you shall not be in breach of this paragraph if you use the term auction or auctioneer in the names you use for your business purposes related to the REDOL Program (including, without limitation, store names and name(s) you incorporate your business under) or advertising materials (including, without limitation, signage) provided you remove the term auction and auctioneer from the names you use for business purposes (including, without limitation, store names and names under which you incorporate your business) by April 30, 2008 and you remove the term auction and auctioneer from your advertising materials (including, without limitation, signage) by December 31, 2008. The sentence immediately preceding this sentence shall not limit your obligations under any other section of this Agreement including, without limitation, the Section entitled Warranties; Disclaimer. Nothing herein shall limit eBays right to terminate this Agreement in accordance with the Section entitled Term and Termination of the Agreement. REDOL Locations that are not licensed as motor vehicle dealers may not list vehicles using their eBay User IDs, unless they have an auto dealers license and the vehicles they list are part of their business inventory. REDOL Locations may not post real estate or time share advertisements on eBay on behalf of third parties unless the REDOL Locations are licensed real estate agents. Term and Termination of the Agreement. The term of this Agreement shall begin upon your enrollment in the REDOL Location Program and will continue until terminated as provided below (the Term). This Agreement and all licenses granted hereunder automatically terminate if you breach any provision of this Agreement. eBay may terminate this Agreement and/or your license to use the REDOL Program Branding for convenience at any time by notifying you in writing, via email (at the email address you provide to eBay), or via some other reasonable form of notice selected by eBay. Without limiting the foregoing, eBay may immediately terminate your REDOL Location privileges and REDOL Program Branding usage at any time with or without notice to you if you violate the eBay User Agreement or eBay Privacy Policy or any term of this Agreement. This sentence and the following Sections of the Agreement shall survive any expiration or termination of this Agreement: Use of REDOL Program Branding (solely with respect to eBays ownership of the REDOL Program Branding); User Data Restrictions; Warranties; Disclaimer; Indemnification; Limitation of Liability; Release; and General. Warranties; Disclaimer. You represent and warrant that you shall comply with all laws, regulations, rules, ordinances, and orders applicable to you, your business, products and/or services. You further represent and warrant that you shall comply with all laws, regulations, rules and ordinances, and orders applicable to your interactions with the Trading Assistant Site, your interactions with the eBay Site and/or use of the REDOL Program Branding. Additionally, you represent and warrant that: (a) you have all governmental approval, permits and licenses, and have made all governmental filings and registrations, necessary or prudent for the marketing and performance of your services, and (b) eBay is not required to obtain any governmental approval, permits or licenses as a result of this Agreement, eBays performance hereunder or any payments made by you hereunder. EXCEPT AS EXPRESSLY STATED HEREIN, EBAY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EBAY DOES NOT REPRESENT OR WARRANT THAT THE TRADING ASSISTANT SITE OR THE EBAY SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Indemnification. You agree that eBay will have no liability to you or any of Your Customers, and that you will defend, indemnify, and hold eBay, its subsidiaries and affiliates and their respective employees, officers and directors harmless from any and all claims, losses, liabilities, costs and expenses, including reasonable attorneys fees (collectively, Claims) arising from or relating to: (i) your participation in the REDOL Program; (ii) your activities as a REDOL Location, including without limitation Claims related to the promotion, performance, or sale of your services, and/or your interactions with or use of the eBay Site and the Trading Assistant Site; (iii) your breach of this Agreement; (iv) eBays termination of this Agreement pursuant to the terms herein; and/or (v) infringement by any of your marks, taglines, products or services of a patent, copyright, trademark right or other intellectual property right of a third party or misappropriation of any third party trade secret, except where such item has been modified without authorization, and such modification is the basis of the Claim. You will not enter into any settlement that affects eBays rights or interest without eBays prior written approval. eBay will have the right to participate in the defense at its expense. Limitation of Liability. IN NO EVENT WILL EBAY, ITS SUBSIDIARIES, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING RELATING TO YOUR ROLE OR ACTIVITIES AS AN REDOL LOCATION, FAILURE TO ACHIEVE OR MAINTAIN THE REQUIREMENTS TO BE AN REDOL LOCATION, USE OF OR INABILITY TO USE ANY REDOL PROGRAM BRANDING, EVEN IF EBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EBAY BE LIABLE TO YOU IN AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU. Release. If you have a dispute with one or more customers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." General.
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