TERMS OF SERVICE
Welcome to MyGo2Girl-Collective, the online consignment store for of gently used home furnishings, decor and building materials.
MyGo2Girl-Collective Terms of Service (this “TOS”) governs your use of MG2Gl websites, applications, products and services, and your purchase, listing and sale of any furnishings, building materials and decor thereon (the “Services”). By using and accessing the Service, you agree to be bound by and comply with this TOS.
For purposes of this TOS “you” shall mean either you as an individual or the entity or person on whose behalf you are accepting this TOS. You represent that you are authorized to accept this TOS.
If you purchase any furnishings or items using the Service (“Merchandise”):
You agree to pay the amount listed and any other disclosed amounts, such as taxes, duties, costs and expenses.
You agree that MyGo2Girl can automatically charge your credit card or other approved means of payment during the purchase process. All amounts are in US Dollars only.
While we do our best to give you accurate listing information, we cannot guarantee that the listing is 100% accurate and likewise cannot guarantee the authenticity of any item.
Buyers may return any or all Consigned Items to the Consignor for any reason. Items that are being locally picked up may only be returned at the time of pick up. If the item is being shipped, Buyers must notify TLV of a return within 2 days after delivery. Buyers will incur return shipping charges and restocking charges of 20%. Buyers may not be reimbursed for returns that are not received in original condition. If the item is delivered to a Buyer and is not in the same condition as it was during the time of the inspection by MG2G the Consignor will bear the return shipping. If MG2G has misrepresented the item, MG2G will bear the cost.
By submitting feedback, ideas, ratings, reviews, or suggestions (“Feedback”) to MyGo2Girl, publicly through web pages (e.g. forums), or privately through customer service, you acknowledge and agree that: (a) your Feedback automatically becomes the property of MyGo2Girl without any obligation of MyGo2Girl to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) MyGo2Girl may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) MyGo2Girl may have something similar to the Feedback already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from MyGo2Girl.
Please Don’t Abuse Others or Our Service.
You agree to not:
fail to deliver payment for items purchased by you; fail to deliver items purchased from you;
engage in any unsolicited or unauthorized advertising, “spamming” or “chain letters,” or any other form of solicitation;
abuse or harass another using the Service.
You agree to not upload, post, or transmit or make available any Content.
THIRD PARTY CHARGES
You are solely responsible for any fees or charges incurred to access the Service through an Internet access or mobile access provider, or other third party.
You agree to indemnify and hold MyGo2Girl and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Merchandise, your Content, your use of the Service, your violation of this TOS, your violation of any applicable law, rule or regulation, or your violation of any rights of another.
MODIFICATIONS TO SERVICE
MyGo2Girl reserves the right to change or modify the Service, any of the terms and conditions contained in this TOS, or any policy governing the Service at any time, but such changes will not affect Commission or payment structure for any listing for Merchandise that has not expired.
Any changes or modifications to this TOS will become binding after your continued use of the Service after such terms have been updated by MG2Gl. MG2G may elect to provide you with customer support, in its sole discretion, and may terminate such support at any time without notice.
We may provide you with notices, including those regarding changes to this TOS, including but not limited to by email, regular mail, text message, postings on the Service, or other reasonable means now known or developed later.
You agree that MyGo2Girl may terminate you’re MyGo2Girl account and access to the Service at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS and documents incorporated by reference, or any other agreement you have entered into with MyGo2Girl, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Service, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. You agree that MyGo2Girl shall not be liable to you or any third party for any termination of your account or access to the Service.
DISCLAIMER OF WARRANTIES
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. MyGo2Girl and its affiliates, members, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement; and make no warranty that (i) the Service will meet your requirements; or (ii) the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
LIMITATION OF LIABILITY
You expressly understand and agree that MyGo2Girl and its affiliates, members, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MyGo2Girl has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) conduct of any third party on the Service; or (D) any errors or omissions in any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content and Merchandise, including any reliance on the accuracy, completeness, or usefulness of such Content and Merchandise.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Refund Policy, (b) the fair market value or listing price of the Merchandise, or (c) $100.
All disputes under this TOS that cannot be resolved by the parties shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days’ written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law. Unless the arbitrator determines that your claim is frivolous.
I agree that all disputes will be resolved individually and that I waive any right to bring a class or collective action to a proceeding.
Any provisions hereunder that are intended to survive expiration or termination of this TOS will survive. The parties are independent contractors with respect to each other and no third party beneficiaries are created hereunder. You may not assign its rights and obligations under this TOS. This TOS inures to the benefit of and shall be binding on any permitted assignees. All notices must be in writing and sent by registered mail, recognized carrier, or confirmed fax transmission, and deemed received upon receipt. Failure to insist upon strict performance or to exercise any term hereof will not act as a waiver of any right herein, and any waiver must be in a signed writing to be valid. This TOS constitutes the complete, final and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes all other understandings or agreements concerning the subject matter hereof. Any amendment to this TOS must be in a signed writing. This TOS shall be governed by the laws of the State of California. The parties agree that the federal and state courts in Los Angeles County, California will have exclusive jurisdiction and venue under this TOS.
IP POLICY AND NOTICE PROCEDURE
MyGo2Girl respects the intellectual property of others, and we ask our users to do the same. MyGo2Girl may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MyGo2Girl’s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
MyGo2Girl’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By email to firstname.lastname@example.org (Version:September 28, 2020)