We at eHandMeDowns (“eHMDs”) are trying to help steer our world to a more sustainable place. As we grow, our top priority is always to ensure a safe and trustworthy place for the transfer of HandMeDown clothing and goods and our intent is to create a fair, transparent, and predictable business environment for shoppers, buyers and sellers on online platforms.
These Terms of Use (from here forward; the “Terms”), including all of the policies that make up the Terms, supersede any other agreement between you and eHMDs regarding our website, our mobile apps, and any other services provided by eHMDs (from here forward referred to collectively as the “Services”). If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
1. Acceptance of Terms
This document and any other documents we reference below make up the ground rules for using eHMDs. The Terms are a legally binding contract between you and eHMDs. Please note that our Disputes section contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. In some countries in which eHMDs may eventually operate in, you may have additional rights and/or the preceding may not apply to you.
This contract sets out your rights and responsibilities when you use the “Services”. By using any of the Services, even simply browsing the website, you are agreeing to the Terms. If you do not agree with the Terms, you may not use our Services.
2. Ground Rules
In Phase I, eHMDs’ Services connect people throughout the United States to shop, buy and sell unique groups of clothing or goods. Following is a guide to help one understand the specific rules that are relevant to you, depending on how you use the Services:
A) Our Ground Rules for Everyone. By using any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.
B) Our Ground Rules for Sellers. If you list items for sale through our Services, these policies apply to you.
C) Our Ground Rules for Buyers. If you use our Services to browse, shop, or buy, these policies apply to you.
D) Our Ground Rules for Third Parties. These policies apply to intellectual property owners, and anyone requesting information from eHMDs.
All of these policies, as well as the rest of this document, are a part of our Terms.
3. Privacy
eHMDs understands personal information is important. Our Privacy Policy details how information is used when you use our Services. By using our Services, you also agree we can process your information in the ways set forth in our Privacy Policy.
Both eHMDs and sellers using the Services process buyers’ personal information (for example, buyer name, email, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. This means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not eHMDs, will be responsible for that unauthorized disclosure.
If, however, eHMDs and sellers are found to be joint data controllers of buyers’ personal information, and if eHMDs is sued, fined, or otherwise incurs expenses because of something that a seller did as a joint data controller of buyer personal information, the seller agrees to indemnify eHMDs for the expenses it occurs in connection with their processing of buyer personal information. See Indemnification below for more information about your indemnification obligations to eHMDs.
4. Account
One needs to create an account with eHMDs to use some of our Services. Here are some Ground Rules regarding accounts with eHMDs:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use eHMDs or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online. For more information, see eHMDs’ Minors Policy.
B. Be truthful. Provide eHMDs accurate information about yourself. It is prohibited to use false information or impersonate another person or company through your account.
C. Choose an appropriate name. If you decide not to have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes intellectual property rights, or otherwise violates the Terms. What constitutes an appropriate name may ultimately be determined by eHMDs.
D. You are responsible for your account. You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are not transferable.
E. Keep your account password secure and protect it. As mentioned above, you are solely responsible for activity on your account.
F. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and eHMDs.
5. Content
Content that you post using our Services is your content (from here forward; “Your Content”). We do not make any claim to it. This includes anything you post using our Services (i.e., listing photos, listing descriptions, reviews, comments, usernames, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant eHMDs a license to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help eHMDs function and grow. That way, we will not infringe any rights you have in Your Content and can help promote it. For example, you acknowledge and agree eHMDs may offer you, or eHMDs buyers, promotions through the Services that may relate to your listings
C. Rights You Grant eHMDs. By posting Your Content, you grant eHMDs a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows eHMDs to provide the Services and promote eHMDs, your eHMDs listings, and/or the Services in general, in any formats and through any channels, including across any eHMDs Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against eHMDs for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. For example: if you upload a photo or video of a listing on eHMDs, we have permission to display it to buyers and can resize or enhance it so it looks good to a buyer using our Services; if you post a description in English, eHMDs can translate it into Spanish so a Spanish speaking buyer can learn the story behind your items; If you post a photo or video of a wedding dress, we can feature it – often along with your listing– on our homepage, in one of our blogs or even on a billboard to help promote your business and eHMDs.
D. Reporting Unauthorized Content. eHMDs has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content you own or have rights to, has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as removing the listing or disabling or terminating your account. We will notify you if any of this happens.
E. Inappropriate, False, or Misleading Content. For various logical reasons, there are certain types of content we do not allow posted on eHMDs’ Services. You agree you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Use of Services
License to Use Our Services. We grant users a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions:
A. Do Not Use Our Services to Break the Law.
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. It is your responsibility to meet applicable legal requirements in applicable jurisdiction(s). You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against eHMDs, another eHMDs user, or a third party. This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. Additionally, a user may not sell anything that is prohibited by our site and/or violates any laws; this includes, but is not limited to counterfeit, unauthorized, and/or illegal/stolen items, pornography and mature content, anything that supports violence, hate, harm towards oneself or others, and/or anything that endorses harmful misinformation, items that promote illegal activity, and/or highly regulated items. Ultimately, eHMDs is unable to detail every permitted/prohibited item and you agree to abide by the discretion of eHMDs’ judgment. If you see something on eHMDs that appears to violate the prohibited items rules, you may report it by flagging the listing at the bottom of the listing page.
Lastly, as a US based company with global aspirations, eHMDs and its users must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the US Department of the Treasury. This means that eHMDs and/or anyone using our Services cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.
B. Pay Your Fees/Taxes. You are responsible for paying all fees that you owe to eHMDs. eHMDs will calculate, collect, and remit sales tax where applicable, nevertheless you are ultimately responsible for either confirming and/or collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Please see this FAQ for more information. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.
C. Stealing Our System. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
D. Harming Our System. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
E. Trademark. The names “eHandMeDowns” and “eHMDs” and other eHMDs marks, phrases, logos, and designs used in connection with our Services (the eHMDs Trademarks), are trademarks, service marks, or trade dress of eHMDs in the US and other countries.
F. Sharing Ideas. Sharing ideas can help us improve experiences and our Services. Any unsolicited ideas or other materials you submit to eHMDs (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G. Online Communication. At various junctures throughout our development, eHMDs will provide you with certain updates/legal information in writing. By using our Services, you agree to our Electronic Communications Policy, which describes how we provide information to you. It says that we can send information electronically (such as email) instead of mailing paper copies, and that your electronic agreement is the same as your signature on paper. By using any of eHMDs’ services, you are agreeing to this policy and to keeping contact information up to date.
7. Termination
Termination By User. You may terminate your account with eHMDs at any time from your account settings. You will still be responsible for any fees/taxes.
Termination By eHMDs. eHMDs may terminate or suspend your account (and any accounts eHMDs determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of our Services violate our Terms. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use our Services (i.e., to sell or buy on our websites or mobile apps.) In general, eHMDs will notify you that your account has been suspended or terminated unless you have repeatedly violated our Terms and/or we have legal or regulatory reasons preventing us from notifying you.
If you or eHMDs terminate your account, you may lose any information associated with your account, including Your Content.
Discontinuing the Services. eHMDs reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in eHMDs’ policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. The Terms will remain in effect even after any access to the Service is terminated, or your use of the Service ends.
8. Limitation of Liability
Items Purchased. You understand that eHMDs does not manufacture, store, nor inspect any of the items sold through our Services. eHMDs provides the marketplace; the items in our venues are listed and sold directly by independent sellers, so eHMDs cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release eHMDs from
any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content. It is possible you may come across material you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. eHMDs is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you access through the Services. You release us from all liability relating to that content. If you see something on eHMDs that appears to violate the prohibited items rules, you may report it by flagging the listing at the bottom of the listing page.
Fellow Interactions. You can ultimately use the Services to interact with other individuals, either online or potentially in person. You understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. Currently, all interactions should take place within the confines of our website/apps to help ensure security.
Third-Party Services. Our Services may contain links to third-party websites or services that we do not own nor control (for example, links to Facebook and Twitter). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps, etc.). When you access third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. eHMDs is not a party to those agreements; they are solely between you and the third party.
Gift Cards/Promotions. You acknowledge that eHMDs does not make any warranties with respect to a Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
9. Warranties
eHMDs top priority is to ensure a safe and trustworthy place for the transfer of HandMeDown clothing and goods and our Services will continually be reworked to be more efficient for both buyers and sellers as we grow. While every attempt is made to ensure stable transactions, you understand that our services are provided “as is” and without any kind of warranty, express or implied. We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
While we try our hardest, eHMDs cannot guarantee that: A) the services will be secure or available at any particular time or location; B) any defects or errors will be corrected; C) the services will be free of viruses or other harmful materials; or D) the results of using the services will meet your expectations.
You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties; hence the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither eHMDs, nor its employees nor directors, nor parent companies will be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these terms. In no event shall eHMDs aggregate liability for any damages exceed the greater of ninety nine ($99) US Dollars (USD) or the amount paid eHMDs in the past 12 months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
10. Indemnification
In the extremely unlikely event eHMDs is sued because of something you do, you agree to defend and indemnify eHMDs. In other words, in any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights, you will defend eHMDs and its parent companies (including any of our employees) and hold us harmless. With that said, even if you are indemnifying us, eHMDs reserves the right to handle our legal defense however we see fit, in which case you agree to cooperate with eHMDs so we can execute our strategy.
11. Disputes
If you find yourself in a dispute with another user of eHMDs’ Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. If that is not possible as during eHMDs’ Phase I, eHMDs will resort to the Case System.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. You can find details about the case system in this Help article. eHMDs will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims, however we will make determinations based on the facts we are able to gather and act accordingly. Ultimately, eHMDs has no obligation to resolve any disputes.
Release. You release eHMDs from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes with eHMDs. If you have an issue with eHMDs, reach out let us know. The odds are we can resolve your issue and that will always be our goal. If we cannot, these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may
be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration. You and eHMDs agree that any dispute or claim arising from or relating to the Terms and/or Services shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and eHMDs each waive the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $10,000 USD, eHMDs will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
D. Forum. Being based in California, any legal action against eHMDs related to our Services must be filed and take place in California. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in California, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account the ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and eHMDs agree to submit to the personal jurisdiction of a state or federal court located in California.
E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California.
F. Modifications. If eHMDs makes any changes to this “Disputes with eHMDs” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against eHMDs prior to the date the changes became effective. eHMDs will notify you of substantive changes to the “Disputes with eHMDs” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send eHMDs a written notification (including email) or close your account within those 30 days. By
rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and eHMDs in accordance with the provisions of this “Disputes with eHMDs” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
12. Terms Changes
As we grow, we will update these Terms. If the changes are material, the changes will be posted through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Unless otherwise specified, changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Contact Information
If you have any questions about the Terms, please email us at eHMDsCustomerService@gmail.com