The Terms are a legally binding contract between you and LiQD Trading, LLC ; but we’ll just refer to LiQD Trading, LLC and all of its subsidiaries collectively as “LiQD Trading”).
Please note that Section 17. Disputes with LiQD Trading, 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.
This contract sets out your rights and responsibilities when you use LiQDBG.com, our mobile apps, and the other services provided by LiQD Trading (we’ll refer to LiQDBG.com, our mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Great, read on!
These Terms and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which LiQD Trading offers you access to and use of our Services. You can find an overview of our policies here. The Mobile devices terms, all policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into these Terms. You agree to comply with all of the terms of these Terms when accessing or using our Services.
The entity you are contracting with is: LiQD Trading, LLC, 123 Main Street, Unit 4, North Andover, MA 01810, if you reside in the United States of if you reside in any other country. In these Terms, this entity is individually and collectively referred to as "LiQD Trading," "we," or "us."
Please be advised that these Terms contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
LiQD Board Games is a marketplace that allows users to offer, sell and buy board games solely within the United States. The actual contract for sale is directly between the seller and buyer. LiQD Board Games is not an auctioneer or retailer.
While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, LiQD Trading nor LiQD Board Games has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
In connection with using or accessing the Services you will not:
Sellers must meet LiQD Board Games's minimum performance standards. Failure to meet these standards may result in LiQD Board Games charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing LiQD Board Games and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
Offers to buy or sell outside of LiQD Board Games is strictly prohibitted. Contacting another LiQD Board Games member to discuss moving a purchase off LiQD Board Games creates a risk of fraud, and is not permitted. If you violate this policy, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of LiQD Board Games, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
The fees we charge for using our Services are available upon request at email@example.com. We may change our seller fees from time to time with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all LiQD Board Games Services, even if sales terms are finalized or payment is made outside of LiQD Board Games. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of LiQD Board Games, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of LiQD Board Games Services for the introduction to a buyer.
You must have a PayPal account created and on file when selling through LiQD Board Games Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 60 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees. LiQD Board Games, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information LiQD Board Games reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at LiQD Trading, LLC, C/O Global Collections, 123 Main Street, Unit 4, North Andover, MA 01845. If you wish to dispute the information a collection agency reported to a credit bureau regarding your LiQD Board Games account, you must contact the collection agency directly.
Seller fees don't purchase exclusive rights to item exposure on LiQD Board Games, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our Services.
When listing an item, you agree that:
When buying an item, you agree that:
At this time our Services are NOT available to international sellers and buyers.
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against LiQD Board Games, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any Intellectual Property Rights of any third party. LiQD Board Games takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including LiQD Board Games users). You may use that content solely in your LiQD Board Games listings. LiQD Board Games may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that LiQD Board Games is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.
The name "LiQD Board Games" and other LiQD Board Games marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of LiQD Board Games in the U.S. and other countries. They may not be used without the express written prior permission of LiQD Board Games.
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. LiQD Board Games's Verified Rights Owner (VeRO) program works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team and we will investigate.
To protect LiQD Board Games from risk of liability for your actions as a seller, LiQD Board Games has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an LiQD Board Games Money Back Guarantee case. This may result in PayPal restricting funds in your PayPal account.
LiQD Board Games may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by LiQD Board Games to carry out the purposes identified above.
LiQD Board Games may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with LiQD Board Games or its agents for quality control and training purposes, or for its own protection.
LiQD Board Games's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of LiQD Board Games's User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. LiQD Board Games may store message contents, including to conduct this scanning and analysis.
If LiQD Board Games provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
All items sold buy sellers are sold "AS IS". All sales are final. Returns are not supported by LiQD Board Games.
You (as buyer) can cancel a purchase up to the time that you confirm it. After this time, cancellations are not permitted.
Most LiQD Board Games sales go smoothly, but if if there's a problem with a purchase and you find yourself in a dispute with another user of LiQD Board Games' Services or a third party, we encourage you to work with LiQD Board Games to contact the other party and try to resolve the dispute amicably.
Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may work with LiQD Board Games for additional help in resolving the issue. LiQD Board Games 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. LiQD Board Games has no obligation to resolve any disputes.
You release LiQD Board Games from any claims, demands, and damages arising out of disputes with other users or parties.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Offer to purchase update and other notification functionality in LiQD Board Games' applications may not occur in real time. Such functionality is subject to delays beyond LiQD Board Games' control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
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) the price the item sold for on LiQD Board Games and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your improper use of LiQD Board Games's Services or your breach of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND LiQD Board Games HAVE AGAINST EACH OTHER ARE RESOLVED.
You and LiQD Board Games agree that any claim or dispute at law or equity that has arisen, or may arise, between you and LiQD Board Games (including any claim or dispute between you and a third-party agent of LiQD Board Games) that relates in any way to or arises out of this or previous versions of these Terms, your use of or access to the Services, the actions of LiQD Board Games or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and LiQD Board Games, except as otherwise stated in these Terms.
You and LiQD Board Games each agree that any and all disputes or claims that have arisen, or may arise, between you and LiQD Board Games (including any disputes or claims between you and a third-party agent of LiQD Board Games) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of LiQD Board Games or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
YOU AND LiQD Board Games AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND LiQD Board Games AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and LiQD Board Games's right to appeal the court's decision. All other claims will be arbitrated.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). The Notice to LiQD Board Games should be sent to LiQD Trading, LLC, Attn: Litigation Department, Re: Notice of Dispute, 123 Main Street, Unit 4, North Andover, MA 01845. LiQD Trading will send any Notice to you to the physical address we have on file associated with your LiQD Board Games account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and LiQD Trading are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or LiQD Trading may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to LiQD Trading at the following address: LiQD Trading, Inc. c/o CT Corporation System, 123 Main Street, Unit 4, North Andover, MA 01845. In the event LiQD Trading initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your LiQD Trading account. Any settlement offer made by you or LiQD Trading shall not be disclosed to the arbitrator.
The arbitration proceedings will be in North Andover, MA, or otherwise conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances under the AAA Rules. If the value of the relief sought is $10,000 or less, you or LiQD Trading may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and LiQD Trading subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or LiQD Trading may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same LiQD Board Games user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, LiQD Trading will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by LiQD Trading should be submitted by mail to the AAA along with your Demand for Arbitration and LiQD Trading will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse LiQD Trading for all fees associated with the arbitration paid by LiQD Trading on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against LiQD Trading prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and LiQD Trading. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.LiQDBG.com at least 30 days before the effective date of the amendments and by providing notice through the LiQD Trading Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and LiQD Trading must be resolved exclusively by a state or federal court located in Essex County, Massachusetts. You and LiQD Trading agree to submit to the personal jurisdiction of the courts located within Essex County, Massachusetts for the purpose of litigating all such claims or disputes.
Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign these Terms, and in such event, we will post notice on www.LiQDBG.com - opens in new window or tab.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
We may amend these Terms at any time by posting the amended terms on www.LiQDBG.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through a post on www.LiQDBG.com and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. these Terms may not otherwise be amended except through mutual agreement by you and an LiQD Trading representative who intends to amend these Terms and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the LiQD Trading Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and LiQD Trading, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of these Terms: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
If you have any questions about the Terms, please email us at firstname.lastname@example.org