Terms and conditions
List It Marketplace Privacy Policy
Listitmarketplace LLC User Agreement
Last updated: August 10, 2022
Please read this user agreement carefully before using our service.
Introduction
The User Agreement, the User Privacy Policy and all other policies posted on our site spells
out the terms of which Listitmarketplace LLC has to offer the individuals seeking to use our
services. Agreeing to the User Agreement means that you agree to comply with our
programs and policies when using our services.
About Us
Listitmarketplace LLC is an online marketplace that allows our users to buy and sell a large
variety of items in a diversity of pricing arrangements and location(s).
Listitmarketplace LLC does not have procession of the items that are listed or sold through
our website, and is not a third party in the transaction between the buyers and sellers. The
sale is directly between the buyer and seller.
Listitmarketplce LLC has the authority to provide guidance with pricing, postage, listings
and additional information. The guidance offered by Listitmarketplace LLC is informational
to the users. We leave it up to the users to decide whether to follow our guidance or not.
Listitmarketplace LLC has the authority to review users’ listings. However,
Listitmarketplace LLC is not responsible for the existence, quality, and safety of the items
advertised by the Users. Listitmarketplace LLC does not obtain the responsibility for the
ability of buyers willing to pay for items; as well as the buyer or seller completing a
transaction or returning/refunding an item.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless of
whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
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Affiliate means an entity that controls, is controlled by or is under common control
with a party, where "control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or other
managing authority.
Account means a unique account created for you to access our Service or parts of
our Service.
Country refers to: Ohio, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Listitmarketplace LLC, PO Box 6340 Youngstown Ohio 44501
Content refers to content such as text, images, or other information that can be
posted, uploaded, linked to or otherwise made available by you, regardless of the
form of that content.
Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
Free Trial refers to a limited period of time that may be free when purchasing a
Subscription.
Goods refer to the items offered for sale on the Service.
Orders mean a request by you to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the
Service.
Service refers to the Website.
Subscriptions refer to the services or access to the Service offered on a
subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between you and the Company regarding
the use of the Service.
Third-party Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that may be displayed,
included or made available by the Service.
Website refers to Listitmarketplace LLC, accessible from Listitmarketplace
You means the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the Service, as
applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement
that operates between you and the Company. These Terms and Conditions set out the rights
and obligations of all users regarding the use of the Service.
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Your access to and use of the Service is conditioned on your acceptance of and compliance
with these Terms and Conditions. These Terms and Conditions apply to all visitors, users
and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and Conditions. If
you disagree with any part of these Terms and Conditions then you may not access the
Service.
You represent that you are over the age of 18. The Company does not permit those under 18
to use the Service.
Your access to and use of the Service is also conditioned on your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes our
policies and procedures on the collection, use and disclosure of your personal information
when you use the website and tells you about your privacy rights and how the law protects
you. Please read our Privacy Policy carefully before using our service.
Using Listitmarketplace LLC
By buying or selling an item through the Service, you warrant that you are legally capable of
entering into binding contracts.
In correlation to using the services you as a buyer or seller will not:
1. post, list or upload content or items in an inappropriate manner;
2. selling of counterfeit items or infringing the copyrights;
3. represent that you are over the age of 18;
4. failure to pay for items that you purchased
5. failure to deliver items that you sold without a valid reason;
6. price manipulation;
7. collect information about users i.e. phone number, email addresses, etc. without the
consent from them.
Your Information
If you wish to buy or sell items on the service, you may be asked to supply certain
information relevant to your Order including, without limitation, your name, your email,
your phone number, your credit card number, the expiration date of your credit card, your
billing address, and your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit
card(s) or other payment method(s) in connection with any Order; and that (ii) the
information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to
payment processing third parties for purposes of facilitating the completion of your order.
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Purchasing Conditions
When you buy an item using our service, you are agreeing to comply with the following:
1. you read the full item description before purchasing;
2. you entered into a legally binding contract to purchase an item(s);
3. you are subject to the user agreement.
Cancellations/Returns
Buyer
The buyer has the option to request to cancel an order on Listitmarketplace within one hour
of the purchase and the seller will have three days to accept or decline the request. In the
circumstances that the seller declines the request, buyers can start a return once they’ve
received the item.
Seller
As stated above; sellers have the option to accept or deny a cancellation request from the
buyer. Sellers also have the option to cancel an order in certain circumstances. This can be
done up to 10 days after the sale.
Listitmarketplace LLC
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected.
Payments
All item(s) purchased are subject to a one-time payment to the seller. Payment can be made
through various payment methods we have available, such as Visa, MasterCard, Affinity
Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and
authorization by your card issuer. If we do not receive the required authorization, we will
not be liable for any delay or non-delivery of your Order.
Fees
The seller agrees to the final value fee of 9%. The usage of our service, value fee and
payment processing are included in the fees that are responsible to the seller.
Listitmarketplace has the authority to change our fees, or implement new fees. We will
ensure to give a notice in advance.
Sellers are solely responsible for transaction fees made from the sale using the service of
Listitmarketplace LLC, as well as payments that were made outside of Listitmarketplace
LLC.
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Sellers are required to provide a valid method of payment on file when using our services. If
they payment method on file fails, Listitmarketplace has the right to collect fees owed by
charging other payment methods on file as well as retaining collection agencies and legality.
You are authorizing Listitmarketplace LLC to automatically charge your payment method
on file in accordance to this User Agreement. This includes, but not limited to, money owed
for fees, payment method failures, seller memberships, etc.
Delivery/Shipment of Items
The seller is responsible for sending the items purchased by the buyer through the
designated shipping method i.e. UPS, FedEx, USPS, etc. The seller must provide the buyer
with an accurate tracking number for the shipment. Listitmarketplace LLC recommends
that all items sold over $50.00 USD to be shipped with a signature from the buyer for the
safe delivery from the seller to the buyer.
It shall be the responsibility of the Buyer to have an item(s) insured for their value upon the
current terms and make out an invoice. (Add insurance is an option for the buyer).
The seller and buyer must have a United States or Canada address and ship from the United
States or Canada.
Memberships
Memberships
Listitmarketplace offers a Seller Membership. The seller membership is available only with
a paid Subscription. The cost of the Seller Membership is an annual fee of $89.99. You will
be billed in advance on a recurring and periodic basis (such as annually), depending on the
type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same
conditions unless you cancel it or the Company cancels it.
Subscription cancellations
You may cancel you Seller Membership renewal either through your Account settings page
or by contacting the company. You will not receive a refund for the fees you already paid for
your current Subscription period and you will be able to access the Service until the end of
your current Subscription period.
Billing
You shall provide the company, buyer or seller with accurate and complete billing
information including full name, address, state, zip code, telephone number, and a valid
payment method information.
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Should automatic billing fail to occur for any reason, the Company will issue an electronic
invoice indicating that you must proceed manually, within a certain deadline date, with the
full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any
Subscription fee change will become effective at the end of the then-current Subscription
period.
The Company will provide you with reasonable prior notice of any change in Subscription
fees to give you an opportunity to terminate Your Subscription before such change becomes
effective.
Your continued use of the Service after the Subscription fee change comes into effect
constitutes your agreement to pay the modified Subscription fee amount.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited
period of time.
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for a Free Trial, You will not be
charged by the Company until the Free Trial has expired. On the last day of the Free Trial
period, unless you cancelled Your Subscription, You will be automatically charged the
applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and
conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Promotions
Any Promotions made available through the Service may be governed by rules that are
separate from these Terms.
If you participate in any Promotions, please review the applicable rules as well as our
Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules
will apply.
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User Accounts
When you create an account with Us, You must provide us information that is accurate,
complete, and current at all times. Failure to do so constitutes a breach of the Terms, which
may result in immediate termination of your account on Our Service.
You are responsible for safeguarding the password that you use to access the Service and
for any activities or actions under your password, whether your password is with Our
Service or a Third-Party Social Media Service.
You agree not to disclose your password to any third party. You must notify us immediately
upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or
entity other than You without appropriate authorization, or a name that is otherwise
offensive, vulgar or obscene.
Content
Your Right to Post Content
Our Service allows you to post Content. You are responsible for the Content that you post to
the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant us the right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and through the
Service. You retain any and all of Your rights to any Content You submit, post or display on
or through the Service and You are responsible for protecting those rights. You agree that
this license includes the right for us to make Your Content available to other users of the
Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right
to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting
of Your Content on or through the Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly
understand and agree that you are solely responsible for the Content and for all activity that
occurs under your account, whether done so by you or any third person using your account.
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You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust,
threatening, libelous, defamatory, obscene or otherwise objectionable.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine
whether or not any Content is appropriate and complies with this Terms, refuse or remove
this Content. The Company further reserves the right to make formatting and edits and
change the manner of any Content. The Company can also limit or revoke the use of the
Service if you post such objectionable Content. As the Company cannot control all content
posted by users and/or third parties on the Service, you agree to use the Service at your
own risk. You understand that by using the Service You may be exposed to content that You
may find offensive, indecent, incorrect or objectionable, and You agree that under no
circumstances will the Company be liable in any way for any content, including any errors
or omissions in any content, or any loss or damage of any kind incurred as a result of your
use of any content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there
will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is
corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered
issues that may affect the backups of Content. But you acknowledge that the Company has
no liability related to the integrity of Content or the failure to successfully restore Content
to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location
independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim
that Content posted on the Service infringes a copyright or other intellectual property
infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the
copyrighted work has been copied in a way that constitutes copyright infringement that is
taking place through the Service, You must submit Your notice in writing to the attention of
our copyright agent via email at info@listitmarketplace.com and include in Your notice a
detailed description of the alleged infringement.
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You may be held accountable for damages (including costs and attorneys' fees) for
misrepresenting that any Content is infringing your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
• An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright's interest.
• A description of the copyrighted work that you claim has been infringed, including the
URL (i.e., web page address) of the location where the copyrighted work exists or a copy
of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material
that you claim is infringing is located.
• Your 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 copyright 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 copyright owner or authorized to act on the
copyright owner's behalf.
You can contact our copyright agent via email at info@listitmarketplace.com. Upon receipt
of a notification, the Company will take whatever action, in its sole discretion, it deems
appropriate, including removal of the challenged content from the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or
controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You further acknowledge and
agree that the Company 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 web sites
or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-
party web sites or services that you visit.
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Termination
We may terminate or suspend your account immediately, without prior notice or liability,
for any reason whatsoever, including without limitation if you breach these Terms and
Conditions.
Upon termination, your right to use the Service will cease immediately. If you wish to
terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company and
any of its suppliers under any provision of this Terms and Your exclusive remedy for all of
the foregoing shall be limited to the amount actually paid by you through the Service or 100
USD if you haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of privacy arising out of or
in any way related to the use of or inability to use the Service, third-party software and/or
third-party hardware used with the Service, or otherwise in connection with any provision
of this Terms), even if the Company or any supplier has been advised of the possibility of
such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above limitations may
not apply. In these states, each party's liability will be limited to the greatest extent
permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects
without warranty of any kind. To the maximum extent permitted under applicable law, the
Company, on its own behalf and on behalf of its Affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Service, including all implied warranties
of merchantability, fitness for a particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing, course of performance, usage or trade
practice. Without limitation to the foregoing, the Company provides no warranty or
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undertaking, and makes no representation of any kind that the Service will meet Your
requirements, achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any performance or
reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Service, or the information, content, and materials or
products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as
to the accuracy, reliability, or currency of any information or content provided through the
Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of
the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations
on applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to you. But in such a case the exclusions and limitations set forth
in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and
Your use of the Service. Your use of the Application may also be subject to other local, state,
national, or international laws.
Disputes Resolution
If you have any concern or dispute about the Service, You agree to first try to resolve the
dispute informally by contacting the Company.
United States Federal Government End
Use Provisions
If you are a U.S. federal government end user, our Service is a "Commercial Item" as that
term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
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You represent and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United States
government as a "terrorist supporting" country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in full force
and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under these Terms shall not effect a party's ability to exercise such right or
require such performance at any time thereafter nor shall the waiver of a breach constitute
a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if we have made them available to
you on our Service. You agree that the original English text shall prevail in the case of a
dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If
a revision is material we will make reasonable efforts to provide at least 30 days' notice
prior to any new terms taking effect. What constitutes a material change will be determined
at our sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree
to be bound by the revised terms. If you do not agree to the new terms, in whole or in part,
please stop using the website and the Service.
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Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
By email: info@listitmarketplace.com
By visiting this page on our website: https://www.listitmarketplace.com/
