This User Agreement describes the terms and conditions applicable to your use of www.hathart.com (this site). and the general principles for the use of the websites of Hathart’s subsidiaries and affiliates. Prior to registering to use this Site, submitting a purchase or products listed on this Site or otherwise accessing information from this Site, please carefully read this Agreement. The term “members” and the term “users” shall refer to both buyers and sellers registered on Hathart.
1. GENERAL INFORMATION
By accessing this Site you agree to the terms and conditions set forth below, to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Hathart’s policies as stated in the Agreement and the
Hathart 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 Hathart, each of which is incorporated herein by reference and each of which may be updated by Hathart from time to time without notice to you.
2. BUYING AND SELLING
Only a Venue
Hathart’s role as a platform is to connect the buyer and the seller. This means that when you place an ad or make a purchase on Hathart, you are entering into a direct transaction with an individual seller or buyer. We encourage the two parties to independently work through the transaction to completion. A transaction is completed between the buyer and the seller ships the item. We are not involved in the actual transaction between buyers and sellers, and we make no representation, by using Hathart site and its services you agree that:
- All prices quoted are in U.S. Dollars. Pricing on Items is a responsibility of the member that listed such items.
- Hathart’s function as a venue is to let users list or sell items that comply with Hathart policies and sell them at a fixed price. Hathart is not directly involved in transactions between members (buyers and sellers).
- Hathart does not pre-screen its members, the content or the information provided by members (buyers and sellers).
- You agree that Hathart, as a venue is not responsible or liable for any content, information, images, items, usernames, profiles posted by you and other members.
- Hathart does not have control over the quality, legality, and safety of the items listed, the ability for the sellers to complete a transaction or the buyer to pay for the items.
- Hathart does not transfer legal ownership of items from the seller to the buyer.
- You agree that Hathart is a venue 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 Hathart. You use the Hathart service at your own discretion.
- The persons using the Site (a) are not misrepresenting their identity, location or authority to enter into contracts, and (b) are of legal age and capacity to enter into contracts.
- A seller placing an Item on the Site is able to or will complete the sale of the Item or deliver the Item to the buyer, or that a buyer bidding on an Item is able to or will complete the purchase of an Item from a seller.
- A seller has truthfully and accurately described an Item placed on the Site. An Item listed for sale on the Site exists, or is (a) safe, (b) of any particular quality, (c) non-infringing with regard to the intellectual property rights of any person or entity, or (d) free from liens, encumbrances or contractual claims attributable to seller, or that an Item may be legally sold by the seller.
- The sale and transfer of an Item complies with any or all applicable legal requirements for the sale, transfer and transport of that Item, including but not limited to statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding sales or auctions, the sale and/or transfer of any Item, export or import control, taxation, duties or tariffs, presence or licensing of brokers (the foregoing, “Legal Requirements”).
You must be 18 years or older to become a seller on Hathart. Individuals under the age of 18 can become sellers under the supervision of a parent or legal guardian, the latter becomes responsible for all activities. Hathart reserves the right to remove any items, cancel invalid accounts and to refuse service to anyone for any reason at any time.
Hathart may alter, amend or otherwise modify any term, provision or condition of setting forth on this Site. Any such purported alteration, amendment or other modification shall be void and of no force or effect. Any orders placed by a buyer on this Site are binding upon buyer when made.
- LISTING FEE
You will be charged a listing fee of $0.50 USD for each item that you list for sale on Hathart.com. Hathart will automatically deduct all fees owed from your payment account. Provided you have sufficient funds in your payment account no further payment action is required. You will only be charged a listing fee for creating or renewing a listing on Hathart; there is no fee for editing a listing. You will be charged a listing fee whether or not the listed item sells.
- SALES TAX
All applicable taxes are the responsibility of buyer and buyer will indemnify Hathart, and hold it harmless, from and against any Claims relating to taxes assessed on Hathart.
All pricing quotes on products and shipping are between buyer and seller.
The customer is responsible for all shipping and handling.
5. RESTRICTED ACTIVITIES
The information about any item listed and any activities on Hathart shall not:
- Be false, inaccurate or misleading;
- Be fraudulent or involve the sale of counterfeit or stolen items;
- Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy; or
- Violate any law, statute, ordinance or regulation; or
- Contain items that have been identified by the U.S. Consumer Products Safety
- Commission (CPSC) as hazardous to consumers and there subject to recall;
- Be obscene or contain child pornography.
6. DISCLAIMER OF LIABILITY
Hathart shall not be liable to any buyer or seller for any indirect, incidental, consequential, special or exemplary damages or lost profits in connection with any item sold or listed on this Site. Hathart Parties will not be responsible for claims, liabilities, losses, costs, fees, expenses, obligations and causes of action (“Claims”) resulting from defects or alleged defects of any item sold on this Site or from the subsequent use of the items, regardless of whether such damage arises out of or relates to: (i) any reliance on the materials presented; (ii) any loss of use, data or profits; (iii) any delay or business interruptions; (iv) personal injury or property damage; or (v) any information provided on this Site.
Members hereby agree to defend, indemnify and hold harmless Hathart Parties from and against any and all Claims incurred or suffered by a member or any other party arising from or relating to any item sold or listed on this Site, including, without limitation, any Claim arising by reason of or in connection with any loss, damage or injury to person or property.
8. COMPLIANCE WITH LAWS
You agree to:
- At all times comply with all applicable laws, including, without limitation, any and all applicable laws governing exports and any applicable international laws;
- Not violate any laws, third party rights, or Hathart’s policies; and
- Not use this Site if you are not able to form legally binding contracts or are under the age of 18.
9. GOVERNING LAW; VENUE; JURISDICTION
This Site and the use of this Site shall be governed by and construed in accordance with the internal laws (as opposed to the conflicts of law provisions) of the State of Virginia. Any litigation arising out of or related to this Site shall be instituted and prosecuted only in the appropriate state or federal court. Each user of this Site hereby submits to the exclusive jurisdiction and venue of such courts for purposes of any such action and the enforcement of any judgment or order arising therefrom. Each user of this Site hereby waives any right to a change of venue and any and all objections to the jurisdiction of the state and federal courts
If any provisions of this Site are held to be invalid or unenforceable, such provisions shall be modified to the minimum extent necessary to make them or their application valid and enforceable, and the validity and enforceability of all other provisions of this Site and all other applications of such provisions shall not be affected.
11. ATTORNEY’S FEES
In any legal proceedings arising from, under or in connection with this Site, the prevailing party shall be entitled to recover from the other party attorneys' fees and costs incurred by the prevailing party in preparation for and in connection with all trial and appellate proceedings.
The captions of the sections of this Site are for convenience and reference only. Any pronouns or references used herein shall be deemed to include the masculine, feminine or neuter genders as appropriate. Any expression in the singular or the plural shall, if appropriate in the context, include both the singular and the plural.
No waiver by Hathart of any right conferred by this Site or any other provisions of this Site will be deemed a waiver of any other such right or provision or a waiver of that same right or provision at any other time.
All provisions of this Site related to indemnification, disclaimers, and limitations on liability shall survive the termination or removal of this Site.
16. PROHIBITED AND RESTRICTED ITEMS
- Adult items
- Drugs and drug paraphernalia
- Firearms, weapons, and knives
- Government, transit, and shipping-related items
- Government documents, IDs and licenses
- Hazardous, restricted, or regulated materials
- Human remains and body parts
- Lock picking devices
- Mailing lists and personal information
- Medical drugs, devices, and healthcare
- Personal relationships and services
- Police-related items
- Recalled items
- Stolen property
- Opened/Used paints, brushes, etc.
- Opened/Used cosmetics