Terms of Use

 

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY YORBIN. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.YORBIN.COM (THE "SITE") AND ALL SERVICES PROVIDED BY YORBIN ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are buyers, sellers, contributors of content, information and other materials or services on the Site.

1. Yorbin is a Ecommerce Website

 

 

Yorbin acts as an ecommerce website to allow users who comply with Yorbin’s policies to buy and sell certain goods for a desired price. Yorbin is not directly involved in the transaction between buyers and sellers. As a result, Yorbin 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. Yorbin does not pre-screen users or the content or information provided by users. Yorbin cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Yorbin does not transfer legal ownership of items from the seller to the buyer.

You agree that Yorbin is an ecommerce website and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Yorbin. You use the Yorbin service at your own risk

 

2. Account Eligibility

 

 

Age: Yorbin’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law, and is a resident of the United States of America. You represent and warrant that you are at least 18 years old, a resident of the United States, and that all registration information you submit is accurate and truthful. Yorbin may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Yorbin’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Yorbin’s policies as stated in the Agreement and the Yorbin policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Yorbin.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Yorbin of any unauthorized use of your password or any breach of security. You also agree that Yorbin cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Yorbin without Yorbin’s express written permission.

Account Transfer: You may not transfer or sell your Yorbin account and User ID to another party. 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: Yorbin’s services are not available to temporarily or indefinitely suspended Yorbin members. Yorbin reserves the right, in Yorbin’s sole discretion, to cancel unconfirmed or inactive accounts. Yorbin reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees

 

 

Joining Yorbin is completely free. Yorbin charges fees for listing an item for sale, but does not charge a final value fee when your item sells. Changes to the Fees Policy and the fees for Yorbin's services are effective after Yorbin provides you with at least Thirty (30) days' notice by posting the changes on the Site. Yorbin may change some or all of Yorbin's services at any time. In the event Yorbin 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).

 

In certain situations, including but not limited to a void or invalid transaction, Yorbin may issue a credit for the applicable fees to a seller's billing statement.

 

Fees and Termination: If Yorbin terminates a listing or your account, if you close your account, or if the payment of your Yorbin fees cannot be completed for any reason, you remain obligated to pay Yorbin for all unpaid fees plus any penalties, if applicable.

4. Listing and Selling

 

 

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Yorbin's published policies. You also warrant that you may legally sell the item. You must accurately describe your item(s). Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.

 

Binding Sale: All sales are binding. The seller is obligated to ship the order, or drop off the order if item was bought using “yorbin pick up” unless there is an exceptional circumstance, such as the seller cannot authenticate the buyer's identity, or the buyer did not pay for the item.

 

5. Prohibited, Questionable and Infringing Items and Activities

 

 

You are solely responsible for your conduct and activities on and regarding to Yorbin and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Yorbin.

Restricted Activities: Your Content and your use of Yorbin shall not:

1.    Be false, inaccurate or misleading

2.    Be fraudulent or involve the sale of illegal, counterfeit or stolen items

3.    Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.

4.    Violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

5.    Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

6.    Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Yorbin staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

7.    Be obscene or contain child pornography

8.    Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

9.    Host images not part of a listing

10.  Modify, adapt or hack Yorbin or modify another website so as to falsely imply that it is associated with Yorbin.

11.  Appear to create liability for Yorbin or cause Yorbin to lose (in whole or in part) the services of Yorbin's ISPs or other suppliers

12.  Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or any Agreement on Yorbin.

 

6. Content

 

 

License: Yorbin does not claim ownership rights in your Content. You grant Yorbin a license solely to enable Yorbin to use any information or Content you supply Yorbin with, so that Yorbin is not violating any rights you might have in that Content. You grant Yorbin a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Yorbin to store or re-format your Content on Yorbin and display your Content on Yorbin in any way as Yorbin chooses. Yorbin will only use personal information in accordance with Yorbin's Privacy Policy.

 

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Yorbin user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Yorbin-related communications. Yorbin has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Yorbin user to your email or physical mail list.

 

Re-Posting Content: By posting Content on Yorbin, it is possible for an outside website or a third party to re-post that Content. You agree to hold Yorbin harmless for any dispute concerning this use.

 

7. Meetings

 

 

Users may arrange and attend meetings in-person meetings with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Yorbin's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Yorbin is not involved with user generated groups, the groups' requirements, or the Meetings.

8. Resolution of Disputes and Release

 

 

In the event a dispute arises between you and Yorbin, please contact Yorbin.

Should you have a dispute with one or more users, or an outside party, you release Yorbin (and Yorbin's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Yorbin encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Yorbin, for the benefit of users, may try to help users resolve disputes. Yorbin does so in Yorbin's sole discretion, and Yorbin has no obligation to resolve disputes between users or between users and outside parties. To the extent that Yorbin attempts to resolve a dispute, Yorbin will do so in good faith based solely on Yorbin's policies. Yorbin will not make judgments regarding legal issues or claims.

9. Yorbin's Intellectual Property

 

 

YORBIN, and other Yorbin graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Yorbin.com in the U.S. and/or other countries. Yorbin's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

10. Breach

 

 

Without limiting any other remedies, Yorbin may, without notice, and without refunding any fees, delay or immediately remove Content, warn Yorbin's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Yorbin suspects a user has breached this Agreement other policy documents and community guidelines incorporated herein; Yorbin is unable to verify or authenticate any of your personal information or Content; or Yorbin believes that a user is acting inconsistently with the letter or spirit of Yorbin's policies, has engaged in improper or fraudulent activity in connection with Yorbin or the actions may cause legal liability or financial loss to Yorbin's users or to Yorbin.

 

11. Privacy

 

 

Except as provided in Yorbin's Privacy Policy Yorbin will not sell or disclose your personal information to third parties without your explicit consent. Yorbin stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

 

12. No Warranty

 

 

YORBIN, YORBIN'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND YORBIN'S SUPPLIERS PROVIDE YORBIN'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YORBIN, YORBIN'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND YORBIN'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM YORBIN SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

13. No Guarantee

 

 

Yorbin does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Yorbin's control.

14. Legal Compliance; Taxes

 

 

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Yorbin service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Yorbin's net income).

15. 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.

16. No Agency

 

 

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

17. Yorbin Service

 

 

Yorbin reserves the right to modify or terminate the Yorbin service for any reason, without notice, at any time. Yorbin reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Yorbin makes a material change Yorbin will notify you here, by email, by means of a notice on our home page, or other places Yorbin deems appropriate. What constitutes a "material change" will be determined at Yorbin's sole discretion, in good faith, and using common sense and reasonable judgment.

Yorbin Host Drop off/ Pick up locations are family owned businesses making room for us in their stores. They are entirely independent of Yorbin and are not paid by Yorbin for any service.

Buyers and Sellers are to pay $0.50 when dropping off/picking up their item, to the Yorbin host. Sellers are to clearly print the buyers paypal email address on the items box or package, and the Buyer is to have this email address to show to the host drop off/pickup so that they can confirm you are the buyer.

If the item picked up is not as described, and/or the item is broken, or missing, the Yorbin host drop off is not liable for any problem that occurs. Instead, the Buyer is to contact the Seller to settle the dispute. If necessary, Yorbin may be contacted to intervene with the dispute, and if applicable, a refund will be issued. 

18. Shipping

 

In most cases, your price for shipping should be significantly higher than your yorbin drop off price, You are to safely package your item for shipping. If you are shipping a fragile item, such as a cell phone or laptop, you should chose to include shipping insurance, and mention that you include insurance in your item’s description. Yorbin is not responsible for lost or damaged items while shipping.
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