Terms of Service

TERMS OF SERVICE Last Revised 10/6/2021 1. Introduction This legally binding contract (the “Agreement”) describes the terms of service offered by Chattic, LLC and our subsidiaries and affiliates (collectively “Chattic”, “we”, “us” and/or “our”). When you (individually, or the entity that you represent, each a “User” or “you”) access our Services, you are agreeing to the Agreement and representing that you have the authority to bind yourself and/or the entity you represent. We may modify any terms in the Agreement at any time and you should periodically visit this page to review all current terms. 2. Services This Agreement applies to all Chattic services on any and all formats or devices, and the website located at www.chattic.com (collectively, the “Services”). The Services include, but are not limited to, an online marketplace for listing, buying and selling collectibles (“Items”), requesting appraisals and insurance on Items, and interacting with other Users via or pursuant to the Services. Users who purchase Items via the Services are “Buyers” and users who sell Items via the Services are “Sellers”. A user can be both a Buyer and a Seller. In using the Services, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Chattic is not a party to such sale or purchase. There are risks that you assume when dealing with others, and these risks are borne by you alone, and not Chattic. You are solely responsible for your evaluation of and decision to use the Services and to transact or communicate on the Services. You will be liable for your actions on the Services. 3. Registration You are responsible for your use of the Services and any use of the Services made using your account. Any information you provide to us is governed by the Agreement and the Privacy Policy. You acknowledge Chattic may establish any policies and practices concerning use of the Services and to change these at any time, subject to its sole discretion. The Services are not available to minors (people under the age of majority in their state or province of residence) and to suspended Users. We reserve the right to refuse access to the Services and to modify or terminate any User account, at our sole discretion and for any reason or no reason at all. You agree to immediately notify us of any unauthorized use of your account or any other breach of account security. 4. Third Parties We pay provide to you and provide your data to third party services. All third party services are provided "AS IS" without indemnification, support, or warranty of any kind, and this agreement does not apply to your use of any such third party services. We reserve the right to suspend third party services at any time. We are not responsible for and we do not endorse any goods, services, information, or other materials available from any third party services. You agree that we are not liable in any way for any materials posted by any third party or User on the Services, or any errors, omissions, losses, or damages of any kind resulting from such materials. You acknowledge that we do not and are under no obligation to review, screen, or inspect any third party materials, although we reserve the right to do so and to remove any materials on the Services at our sole discretion. 5. Your Responsibilities You are solely responsible for all actions that you take and all information that you place on or transmit via the Services. We may take any action we deem necessary in managing the Services, including reviewing, reporting, and preserving your data for investigative purposes. You agree to not use the Services to place any data or engage in any actions that are unlawful, harmful, violent, illegal, libelous, or objectionable, or that infringe on third party rights, encourage any unlawful or inappropriate behavior, or interfere in any way with the Services. You agree not to copy, scrape, harvest or use automated systems to collect any information from the Services, not to sell or transmit anything you don’t have a right to sell or transmit under law or existing relationship, and not to engage in any activity that may pose a privacy or security risk to us, the Services, or any User. You agree not to take any action or inaction which we, in our sole judgment, believe is questionable or could cause harm or liability. 6. Your Information You agree that all information that you place on or through our Services (“Shared Data”) is intended to be shared with other Users. You represent that you own all rights to your Shared Data and that you hereby grant to us a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your Shared Data, in any form, medium or technology now known or later developed. You agree that we can remove or delete any portion of your Shared Data and that we bear no responsibility for or liability with respect to your Shared Data. You understand and acknowledge that you may be exposed to others’ Shared Data that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You understand that we will treat all your Shared Data as public information, and you agree that it is intended to be shared with other Users, third parties, and others, in our sole discretion. You further understand that we have no control or liability over what others do with your Shared Data. You agree that we will not be liable for any treatment of your Shared Data as confidential and waive all rights with respect to any such claims of confidentiality. 7. Purchase and Sale Transactions You as a Buyer and/or Seller agree that you bear all of the risks in selling or purchasing Items via the Services and you accept all fees charged by us as part of any such transaction. As a Seller, you agree that you have the necessary rights to sell your Items and that your Item descriptions will always be accurate and complete. As a Buyer, you agree that you are solely responsible for your purchase decisions and all purchases are exclusively between you and the Seller. All purchases via the Services are final, with no returns, refunds, cancellations, or retractions permitted except where explicitly allowed by us. We reserve the right to delay or prevent the release of funds at any time in cases of suspected illegal or wrongful activities, or actions that are not in compliance with the Agreement. Sellers must ship any purchased Item using our preferred shipping vendor, as made available via the Services, within three (3) days of confirmation of purchase by a Buyer. Seller is responsible for the content of the parcel and agrees to comply with all conditions of the shipping carrier. Title transfers to Buyer upon shipment. If there is any problem with a shipment it is the Buyer’s responsibility to promptly notify the Seller and to work out any refund or credit. Purchases may be subject to taxes in your jurisdiction and the reporting and payment of any applicable taxes are the Seller’s responsibility. 8. Prohibited Items You will not place Items on the Services that are illegal, counterfeit, misrepresented, stolen, or hazardous. In addition, the following Items are expressly prohibited: (i) Nazi propaganda; (ii) firearms manufactured in or after 1898; (iii) products incorporating any parts from threatened or extinct species; (iv) explosive or combustible materials; (v) human parts and burial artifacts; (vi) drugs and drug paraphernalia; (vii) food, beverages, and dietary supplements. 9. Disclaimer of Warranties YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHATTIC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CHATTIC MAKES NO WARRANTY OR GUARANTEE THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICES, (II) THE ITEMS OFFERED WILL BE AUTHENTIC, IN GOOD CONDITION, SAFE, OR LEGAL, (III) THE INFORMATION PROVIDED WILL TRUTHFUL OR ACCURATE, (IV) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (V) THE SERVICES WILL MEET YOUR EXPECTATIONS. 10. Limitations of Liability We are not liable for anything posted on or shared via the Services; any purchases, sales, or other obligations between Users; any damages resulting from your use of the Services; any of your interactions with other Users or comments and content posted by other Users; any third party services available via or related to the Services; or anything else arising from or pursuant to your use or non-use of the Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CHATTIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT CHATTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, TRANSACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CHATTIC BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO CHATTIC AS A SELLER IN THE LAST THREE (3) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD $100). 11. Indemnity You agree to release, defend, indemnify and hold Chattic, its affiliates, contractors, directors, advisors, and employees (collectively, “Indemnitees”) harmless from any legal claim or demand (including reasonable attorney fees) that arises from your actions or inactions, and your use or misuse of the Services. 12. Governing Law Each party will comply with all laws, rules, and regulations applicable to this Agreement. This Agreement shall be governed by the laws of the State of Florida without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in state or federal court in Florida. You acknowledge that the Services are of United States origin and agree to comply with all export laws and regulations of the United States. 13. Dispute Resolution, Arbitration Agreement You must make best efforts to resolve any disputes with us by providing the nature of your claim and the relief sought and making yourself available by telephone or videoconference to speak with our customer service designee on each business day for the duration of the dispute. If resolution is not reached within sixty (60) calendar days, either party may commence an arbitration proceeding. The arbitration will be conducted in a forum of our choice, and if the claims involved total less than US$10,000, then will be conducted through document submission or telephonic hearing unless in person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in your jurisdiction. The arbitration will be governed by the AAA’s Commercial Arbitration Rules. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. 14. Severability, Non-waiver The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another, Chattic will have the sole right to elect which provision remains in force. We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future. 15. Modifications THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. We may modify or discontinue the Services with or without notice. We are not liable to you or any third party for any such modification or discontinuation. We can change this Agreement at any time and the changes will be effectively immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new terms. 16. Termination We may suspend or terminate the Services or your User account at our discretion without explanation, notice, and liability to Chattic, including removing and discarding any items or content within the Services. Any suspected illegal activity may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing your User account. Chattic will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including warranty disclaimers, indemnity and limitation of liability. 17. Electronic Communication, Documentation You agree to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding 18. Notices We will provide notices and messages to you via the Services, electronic mail, or regular mail. You may provide Chattic notice at the electronic mail address listed below. contact@chattic.com