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TERMS OF SERVICE

eBay Selling Assistant Program

eBay Selling Assistant (the "Program") is a new program that can help you earn money from having your no longer needed items sold on eBay.com. During the promotional phase of this Program, there are no fees associated with participating in the Program. This is how the Program works:

  • You call the Program to schedule an appointment for an authorized eBay service provider, 3PD, Inc. (the "Selling Assistant") to pick up your items from your residence. If you have items that you would like to sell that are easy to pack, we will send you a prepaid USPS box that you can mail to us for free.
  • The Selling Assistant will arrive at your residence at the scheduled time and pick up your eligible items ("Items") and will ask you to sign a pick-up receipt describing your Items and consent to these Terms of Service.
  • The Selling Assistant will list your Items on eBay.com within a few days and if your Items sell within 14 days, forward you 75% of the sale proceeds of sold Items via PayPal.
  • If any of your Items do not sell within 14 days or if the Selling Assistant determines in its sole discretion that an Item is not sellable, you can request to have your Items returned for a fee or pick them up from the Selling Assistant's facility at no charge. THERE IS NO GUARANTEE THAT YOUR ITEM WILL BE LISTED OR THAT YOUR ITEM WILL SELL.
3PD Services

3PD, Inc. (referred to in these terms as the Selling Assistant) picks up or receives your Items and attempts to sell them on eBay.com on a consignment basis. The Selling Assistant's pick up and consignment selling services are collectively referred to in these Terms of Service as the "Services". The Selling Assistant will offer you the Services if you agree to be bound by these Terms of Service. The Selling Assistant reserves the right to amend, cancel or alter these Services at its discretion. The Services are being provided to you by the Selling Assistant and not by eBay Inc. ("eBay"). The Selling Assistant is not an agent of eBay.

THE USE OF THE SERVICES IS GOVERNED BY THESE TERMS OF SERVICE ("AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. BY CONSENTING TO THIS AGREEMENT, YOU ARE CONSIGNING YOUR ITEMS TO BE SOLD BY THE SELLING ASSISTANT ON EBAY.COM.

SELLING ASSISTANT MAY AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS. EXCEPT AS STATED BELOW, THE AMENDED TERMS WILL AUTOMATICALLY BE EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.

THERE IS NO GUARANTEE THAT YOUR ITEM WILL BE LISTED OR THAT YOUR ITEM WILL SELL.

Your Representations and Warranties
You, (the "Consignor") represent and warrant that you: (A) are over the age of eighteen (18); (B) are the lawful owner of each Item you are consigning and have all the necessary right, title, and authorization to consign such Item and permit the Selling Assistant to offer, sell, and deliver the Item to any third party; and (C) your Items are not counterfeit and do not infringe the proprietary rights, including, without limitation, copyrights, patents, domain names, trademark rights or any other intellectual property rights, of any third party.
Items Eligible for the Program

Items eligible for the Program include new and gently used items that are in excellent condition. Items in poor condition (e.g. stains, worn edges or holes, odors, not working, damaged, etc.) or with a low resale value will not be accepted. See the list of what sells well on eBay.com. Eligible Items exclude anything weighing over 25 pounds, any prohibited items, as well as the following: Adult Only material, Alcohol, Animals and wildlife products, Autographed paraphernalia (except with Certificate of Authenticity), Books (except 1st edition with Certificate of Authenticity), Child car seats, Drugs and drug paraphernalia, Firearms, weapons, and knives, Hazardous materials (paint, cleaning solvent, detergent), Offensive materials, Replica, counterfeit items and unauthorized copies, Tobacco, Used soft toys, Vehicles (autos, boats), Furniture (couches, chairs, tables, cabinets), Large electronics (TVs, microwaves, refrigerators), Large garden equipment (lawn mowers, edgers, wheel barrels), Fragile/Breakable Objects, Jewelry and Watches.

For a list of eBay's prohibited items, see: http://pages.ebay.com/help/policies/items-ov.html#prohibited.

The Selling Assistant will NOT pick up more than three of the same Item at each residence. The Selling Assistant reserves the right to reject any of your Items, including your eligible Items, if the Selling Assistant believes that the Item will not successfully sell on eBay.com.

Liability for Loss or Damage

Items will be insured by Selling Assistant during transport and storage at the Selling Assistant's facility while the Item is in Selling Assistant's possession. You will be reimbursed for any Item that is lost, damaged or stolen while it is in Selling Assistant's possession. The Selling Assistant's aggregate liability to you or any third party in any circumstance for each Item is limited to the price at which the Item sold on eBay.com and if not sold, the average selling price for virtually the same item (with the same features and in the same condition) on eBay.com over the 90 days prior to the determination.

The Selling Assistant shall not be responsible for any loss or damage to Items resulting from the following:

  1. Caused by or resulting from inherent vice, wear and tear, rust, corrosion, decay, deterioration, hidden or latent defect;
  2. Caused by or resulting from fungus or mold (unless such fungus or mold is on the Selling Assistant's property)
  3. Caused by or resulting from the seizure or destruction of property by order of governmental authority
  4. Caused by or resulting from war, military action, insurrection, rebellion or revolution.
  5. Mechanical or electrical derangement of Items unless evidenced by external damage to such Items.

It is your responsibility to package the Items you mail in properly. If something happens to the Items you mail in between the time the package is scanned into the shipping carrier's system and when it arrives at the Selling Assistant's facility, please contact the Selling Assistant at info@ebaySellingAssistant.com. Once the package is scanned into the shipping carrier's system, your Items are usually covered up to $100 through the shipping carrier's standard claims procedure. You may choose to buy insurance for your mailed Items for additional coverage. If there is no scan showing the shipping carrier received the package, then the Selling Assistant and the shipping carrier are not liable for any lost, damaged or stolen boxes. The Selling Assistant only accepts responsibility for the Items it picks up or receives.

What determines How Much Your Items Sell For
Items will be listed on eBay.com, where they will be exposed to eBay's global buyer base. The Selling Assistant will determine, in its sole discretion, whether your Item will be most likely to sell successfully via auction or fixed price format. If the Item is listed in auction format, the price it sells for will be determined by the market. If the Item is listed via fixed price, the price will be determined based on the asking price set by the Selling Assistant. The Selling Assistant will use its expertise and other comparable items on eBay.com to set the asking price for a fixed price listing.
What happens if Your Items Sell

If your Items sell, the Selling Assistant will send a payment to you via PayPal for 75% of the sale proceeds of your sold Items no later than 7 days after all your Items are sold. The Selling Assistant will wait for all your Items to sell before sending one aggregate payment to you in most cases. You need a PayPal account to access the sent payment. The Selling Assistant will deposit any payments via PayPal using the email address you have provided. If you don't have a PayPal account, you will receive an email that tells you how to set-up a PayPal account to access your money. PayPal is the only payment method available through this Program.

The Selling Assistant will be responsible for shipping your Items to the buyer. If the buyer returns an Item, that Item will be the property of Selling Assistant and the Selling Assistant will decide what to do with the Item. You will not be asked to return any payment in case of the return of an Item.

What happens if Your Item(s) Don't Sell/Are Not Sellable
The Selling Assistant will use its expertise to decide in its sole discretion whether an Item will successfully sell on eBay.com. Some Items may not be sold on eBay.com for various reasons including, but not limited to, instances where there are questions about the safety, authenticity, or the legality of selling such Items online. If the Selling Assistant determines that an Item is not sellable or if the Item doesn't sell after being listed on eBay.com for 14 days, you will be notified. You can pick your unsold Items up from the Selling Assistant facility at no charge, pay for the cost of the Selling Assistant to mail your Items back to you within 7 days of being notified or request the Selling Assistant to drop-off your Items for a fee. Return fees may vary from time to time. For most up to date return fees, please contact the Selling Assistant at info@ebaySellingAssistant.com. If you do not arrange for the return of your Items within 14 days of being notified, the Selling Assistant will recycle/donate/dispose of your Items at its discretion.
Fees for the Program
At this time, the Program is in a promotional phase and, as a result, the only costs to you are possible charges for the return of your unsold or not sellable Items, which will be disclosed to you at the time of pick-up. As noted above, you will receive 75% of the proceeds from the sale of your Items. The fees for the Program may change from time to time and will be published as part of these terms.
Privacy

The Selling Assistant will collect your name, address, phone number, email address and PayPal email address ("your personal information") for participation in the Program. Your personal information will be used only to provide you the Services and any additional services you request. The Selling Assistant may share your personal information with eBay Inc. in order for them to measure and improve the Program and their related services. The Selling Assistant may also share your personal information with service providers who help with its business operations.

The Selling Assistant does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. The Selling Assistant may combine your information with information we collect from other companies and use it to improve and personalize services and advertising.

No Agency
This Agreement in no way constitutes or gives rise to an agency, partnership, joint venture or other relationship between the parties. Selling Assistant and you each will operate under the terms of this Agreement as an independent contractor and not as an agent for the other. Selling Assistant is the consignee and you are the consignor with respect to your Items. Also, the Selling Assistant offers the Services independent of eBay.
Breach
Without limiting other remedies, the Selling Assistant may immediately terminate the Services, and refuse to provide future Services to you if: (A) you breach this Agreement, (B) the Selling Assistant believes that your actions may cause financial loss or legal liability to you, the Selling Assistant, eBay or any of their affiliates or customers, or (D) the Selling Assistant suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) has engaged in fraudulent activity in connection with the Item(s).
Indemnity
You agree to indemnify and hold the Selling Assistant and its respective officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due, connected to, or arising out of your breach of this Agreement, or your violation of any law or the rights of any third party.
Warranty Disclaimer
The Selling Assistant, its officers, directors, agents and employees provide their Services "as is" and without any warranty, condition or representation as to the Services, of any kind, express, implied or statutory. The Selling Assistant, its officers, directors, employees, and agents specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties or limitations on the duration of implied warranties, so the foregoing disclaimer may not apply to you in such states. You may also have other legal rights that vary from state to state.
Waiver of Consequential Damages
IN NO EVENT WILL THE SELLING ASSISTANT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES arising out of this Agreement or its termination, regardless of the form of action (including, but not limited to, negligence) and irrespective of whether the Selling Assistant has been advised of the possibility of any such loss or damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you in such states. You may also have other legal rights that vary from state to state.
General
3PD, Inc. is located at 1851 West Oak Parkway, Suite 100, Marietta, GA 30062. You and the Selling Assistant agree that this Agreement will be governed in all respects by the laws of the United States of America and the State of Georgia and that both parties waive any rights to a trial by jury. All notices or requests pertaining to this Agreement will be in writing and will be sent by email, facsimile or recognized commercial overnight courier. Notices will be deemed received upon receipt of written continuation of transmission when sent by facsimile or signing for receipt of delivery if sent by overnight courier. Notices will be sent to you at the addresses provided. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof.

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