EquiSell Privacy 1. Scope This Privacy Policy applies to personal data we obtain when users (“you” or “your”) interact with EquiSell services, products, tools, and features (collectively “Services”) through the use of our websites, mobile applications, or on any other medium used to access our Services and through other data collection points that reference this Privacy Policy. We may provide additional information about our privacy practices at other points, for example, where this will help us provide more relevant and timely information. 2. What Data We Collect We collect personal data about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below. Information You Provide to Us Directly: We collect information about you when you provide it directly to us as part of our Services, such as when you register for an account, set brand, style, and other preferences, and participate in any interactive feature, survey, promotion, or event. This information may include your name, address, phone number, email, username, sizing, social media accounts, gender, age, education history, and any other personal data you may provide. Information You Provide when Using Our Services and Interacting with Other Users: We collect information and content when you create closets and listings, post stories, participate in a Posh Show, make purchases, search for items, and comment or otherwise interact with listings, closets, or other users. This includes any pictures, video and audio clips, closet descriptions, search terms, information about items you have listed, sold, or purchased, and any interaction with users and listings, such as likes, comments, replies, and offers.When you buy and sell on EquiSell, we will need to collect payment and billing information, such as credit card and bank account information to complete the transaction. Information You Provide through Our Support Channels: We collect information when you contact EquiSell and our customer support for any reason, such as asking questions and sharing feedback, issues, or problems. You may be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving an issue. Information You Provide when Verifying Your Identity: Identity verification may be required for fraud prevention and compliance purposes. We may collect certain identification information, such as driver’s license information, social security number, and passport number to verify your identity. We may also ask to verify your identity using photo verification. Information We Collect Automatically when You Use the Services: We collect information about you when you use our Services, including when browsing or taking certain actions within the Services. This includes information about the features you may use, links or pages you click on, pages viewed, search and browsing history, IP address and device data (e.g. operating system, version, model, identifiers, etc.), referring and exit pages, and other analytics data about your usage or our Services.Cookies and other tracking technologies:We, our service providers, and other third-party partners may collect information such as device data, IP address, hashed emails, transaction data (such as order value) and online activity data through automated means such as cookies, web beacons, software development kits (SDKs), tracking URLs, and similar technologies. Cookies are used to store and receive identifiers and other information, such as the name of the domain from which the cookie originated and when the cookie expires. Cookies and similar technologies may enable EquiSell, as well as parties other than EquiSell, to collect information through our Services.We and the companies we work with may use cookies and similar technologies to improve the functionality and user experience of our Services, gather and store information about user preferences and past actions, perform analytics, detect fraud, measure our ad conversion and performance, optimize our ad campaigns, customize your experience, and bring you ads through interest-based advertising. Interest-based advertising enables us to provide you with more relevant advertising about products and services based on the information we and other parties may collect about your online activities over time and across different websites. For example, you can learn how Google collects and uses information when we use their services (including Google Analytics) and how Connexity and Taboola use cookies and similar technologies to optimize ads and recommend content to you.Most browsers will allow you to control cookies through the browser settings. View your browser developer’s support center, help menu, or website to learn whether or how you can manage cookies on your browser. Please note that, without cookies, you may not be able to use some or all of the features on or functionality of our Services.Our Service currently does not respond to “Do Not Track” (DNT) signals.To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com. Information We Collect from Social Media Platforms: You can connect your social media or other third-party account to your EquiSell account, such as Facebook, Twitter, Instagram, Pinterest, or Snapchat. If you choose to connect your social media accounts to our Services, we may collect information about you from these accounts, such as username, friend or following lists, and other profile information. Information about Others: Prior to sharing any information about others for any purpose through the Service, you must satisfy any consents or other applicable legal and regulatory requirements. This includes, but is not limited to, the information or images you provide about any third parties on comments, listings, Posh Stories, or Posh Shows. 3. How We Use Your Data We use the information we collect to provide, develop, enhance our Services, and for other business purposes needed to deliver our Services or as required for legal or compliance purposes. This includes to: Personalize your experience. For example, we use your information, including profile, search, likes, and purchase histories, to suggest items, closets, offers, features, or events that we think you might enjoy. We may use the data collected through cookies and other tracking technologies (if enabled) to remember information so that you will not have to re-enter it during your visit or the next time you visit the site and to provide custom, personalized content and information. Process and fulfill orders. This includes sharing your contact and shipping information with sellers and our shipping partners. Provide you with customer support, communications, updates, promotions, announcements, and other news about relevant features and aspects of our Services. For example, we may send you communications responding to customer support questions, providing information about transactions, or notifying about user engagement. You may adjust your notification preferences through our app or website, or follow any opt-out instructions provided with the communication (e.g. at the bottom of an email). Improve safety, security, and integrity and prevent fraud. This includes investigating suspicious activity, preventing the sale of counterfeit items, and fulfilling anti-money laundering and know-your-customer obligations. We use information about you to verify accounts and activity, to monitor suspicious or fraudulent activity, and to identify violations of our Services’ terms and policies. Enable social features such as connecting you with other users. Provide, analyze and improve the Services. This also includes research and development and creation of new features and may involve creating anonymous and aggregated data. For advertising and marketing purposes. Depending on your location and any applicable rights or choices you may have exercised, this may include providing you with advertising and marketing related to our Services, measuring our ad performance and conversion, optimizing our ad campaigns, and showing you personalized and non-personalized ads on or off of the Services. Where we believe it is necessary to fulfill or protect our legal rights, interests, and protect the interests of others. This includes complying with relevant laws, regulation, or other obligations in connection with legal claims, audit functions, an acquisition, merger, or sale of a business. With your consent: We may use information about you where you have given us consent to do so for a specific purpose not listed above. 4. How We Share the Information We Collect We share your information as described below: Provide the Services: We will share your information with companies that provide a service to us or our users, such as shipping, identity verification, fraud monitoring, payment processing, storage, database maintenance, analytics, and hosting. For example, we may use Google Maps API to help autocomplete and validate your address. Offers, Ads, and Promotions: We may share your information with partners and affiliates, which may include brands or other third parties, as well as advertising networks and related providers for advertising, marketing, and promotional purposes. Complete Transactions: We may share information with others users when you make a purchase or a sale or otherwise conduct transactions on the Service. Sharing Feedback: We may share feedback we receive from you. This may include, but is not limited to love notes, comments on listings, and survey responses. This feedback may be attributed to you, for example, with your username. Law Enforcement or Legal Requests: We may share information about you with a third party if we believe that sharing is reasonably necessary to comply with the law and the reasonable requests of law enforcement, to enforce our Terms of Service or to protect the security or integrity of our Service, or to exercise or protect the rights, property, or personal safety of EquiSell, our users, or others. Business Transaction: We may transfer the personal data we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation), or other business transaction. With your consent: We may also share information about you with third parties when you give us consent to do so. We may also share aggregated and anonymous information, including demographic info, survey results, market trends, and other analysis that we create based on the information we receive. In addition, please note that we are not responsible for the personal data you choose to submit on pages and content accessible to the general public, including but not limited to, your profile, closet, listings (including any “Meet the Posher” listings), photos, comments (including on our blog), love notes, Posh Stories, or Posh Shows. Once displayed on a publicly accessible location, that information can be collected, used, and shared by the public at large both on and off our Services (e.g. a listing could be shared to social media). 5. How We Store and Maintain the Information We Collect The information we obtain will be retained to provide the Services to you and to fulfill the business and commercial purposes for which they are collected or as needed to satisfy applicable governmental laws, regulations, investigations, proceedings or for reasonable backup, archival, audit, legal, tax, accounting, compliance, or other similar purposes. For example, requirements related to financial transactions and anti-money laundering purposes often require us to keep certain information for 7 years but may vary depending on your location. Security: EquiSell employs organizational, technical, and physical safeguards intended to protect personal data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Depending on the circumstances, our safeguards to protect personal data may include facilities access restrictions, system access controls, firewalls, data encryption, and other security best practices. No internet, email, or other electronic transmission is ever fully secure or error free, however, so you should take special care in deciding what information you send to us in this way. Your information may be stored with third-party cloud service infrastructure providers. International Data Transfers: We are headquartered in the United States and may share your information with service providers and other recipients in the United States and worldwide. If you are located in a region with laws governing data collection and use that may differ from U.S. law, please note that we may transfer personal data to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. We use appropriate transfer mechanisms where required. 6. Legal Basis for Processing Your Information EquiSell may collect and process your information on the basis of different legal grounds, depending on the nature of the information being provided, the type of processing involved, and your location of residence, as follows: Performance of a contract: By using our Services or otherwise purchasing or selling on our platform, you are agreeing to our Terms of Servicewhich constitutes a valid legal contract. We process your data in order to fulfill any obligations, such as completing transactions between you and other users and you and EquiSell. Legitimate interest: Such legitimate interests will include where EquiSell sends you marketing about our products and services where we believe you have a reasonable expectation that we will perform a particular type of processing on your behalf or where such processing is necessary for fraud detection and prevention. EquiSell will only rely on such a ground where an assessment has been performed balancing the interests and rights involved and the necessity of the processing in order to provide our services, products, and features to you. Legal obligations: Where the processing is necessary for compliance with a legal obligation. Consent: Finally, in certain situations, EquiSell relies on your consent in order to process your Personal Data such as marketing communications. 7. Your Rights and Choices Depending on your location, you may have certain rights, choices, and means available to you when it comes to your information, including the use and disclosure of that data. Below is a summary of the choices you may have and how to exercise them. Access, Correct, or Delete Your Personal Data: You may access, correct, or delete your personal data in your account settings. When you make a request, we may need information from you to help us confirm your identity and verify your right to access, correct, or delete your personal data (or to exercise any of your other rights), and may charge you a fee for such request, where allowable. Please note, if you delete your information, your account will be terminated. Your requests and choices may be limited in certain cases, such as the following examples: if fulfilling your request would reveal information about another person, or if you ask to delete information which we are required by law or have compelling legitimate interests to keep. Withdraw Consent: Where allowed by law, you may withdraw such consent at any time; however, withdrawing such consent may limit or restrict your use or access of our Services. Please direct your request to privacy@EquiSell.com unless a different means of making the request is listed in a region-specific section. Region-Specific Information: California Residents The California Consumer Privacy Act (“CCPA”) requires that we provide California residents with additional information about their rights and our information practices. If you are a California resident, please review our California Privacy Notice, which supplements this Privacy Policy and details your California privacy rights. Colorado, Connecticut, Utah, and Virginia Residents You have the right to opt out of (i) the “sale” of your personal information, (ii) targeted advertising, and (iii) profiling in furtherance of decisions that produce legal or similarly significant effects. If you are accessing this Privacy Policy using your web browser, you may request to opt out here. If you are accessing this Privacy Policy using the EquiSell App, you may request to opt out here. You also have the right to request, with some exceptions, to obtain a copy of your personal information in a portable format, to confirm whether we are acting as a controller when processing your personal information, to correct inaccuracies, and to delete your information. If a request you made to exercise your rights access is denied, you may appeal the denial by writing to privacy@EquiSell.com. The categories of personal information we process are in Section 2 above. The purposes for processing that information are in Section 3 above. The categories of information that we share with third parties and the categories of third parties we share that information with is in Section 4 above. Canada Residents We will process your information with your consent, unless an exception applies. Your consent may be explicit, such as when you check an online box approving the collection of your information, or it may be implied based on the circumstances or your actions. After collection, we may transfer your information outside Canada for processing. Section 5 above describes how we protect that information and the risks associated with its transfer. Other sections of this Privacy Policy explain your rights and how you may exercise them, including how to withdraw your consent. 8. Additional Information Depending on your location, you may have certain rights, choices, and means available to you when it comes to your information, including the use and disclosure of that data. Below is a summary of the choices you may have and how to exercise them. Links to External Content: The Services may also include links that direct you to other websites or services whose privacy practices may differ from ours. If you submit information to any of those third-party sites, your information is governed by their privacy policies, not this one. We encourage you to carefully read the privacy policy of any website you visit. Children's Privacy: EquiSell does not knowingly collect or solicit any information from anyone under the age of 13 through this Service. If you believe that a child under 13 years of age may have provided us with personal data, please contact us at privacy@EquiSell.com. Your Acceptance of this Privacy Policy: By accessing or using our Services, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal data as described in this Privacy Policy. If you do not agree, you should discontinue use of the Services immediately. Your Acceptance of this Privacy Policy: By accessing or using our Services, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal data as described in this Privacy Policy. If you do not agree, you should discontinue use of the Services immediately. Changes to this Privacy Policy: We reserve the right to revise this Privacy Policy from time to time. We will post changes on this page and indicate the “Effective Date” at the top of this page. Please check back often for any updates. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and that your continued use of our Services after any change in this Privacy Policy will constitute your acceptance of such change. Terms and Conditions 1. Your Acceptance of These Terms This section describes how these Terms form a binding contract between you and us. If you use the service on behalf of a legal entity, the legal entity also agrees to these Terms. These Terms are a legally binding contract (“Agreement”) between you and EquiSell. When we say “you” or “your,” we mean you individually and any legal entity exercising rights under this Agreement through you. When we say “EquiSell,” “we,” “our,” or “us,” we mean EquiSell, Inc. By accessing and/or using the Service, you agree to be bound by this Agreement and any policies or guidelines incorporated by reference into this Agreement (which will become part of the Agreement). If you do not agree to abide by all of the terms and conditions in this Agreement, you must not access and/or use the Service. You represent that you have the authority to bind yourself to this Agreement. If you access and/or use the Service on behalf of a legal entity, then you represent that you have authority to bind that legal entity to this Agreement and that the legal entity accepts this Agreement. This Agreement applies to the EquiSell platform and all related content, tools, features, and services, including the EquiSell mobile app (on any and all formats or devices), and the website located at https://www.EquiSell.com (collectively, the “Service”). The Service provides an online social marketplace where users of the Service (“Users”) can list and sell items (“Items”). When Users purchase Items, they are “Buyers,” and when Users sell Items, they are “Sellers.” Users may, at different times, be both Buyers and Sellers on the Service. By using the Service, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and EquiSell is not a party to such sale or purchase. Please read this Agreement carefully as it, to the extent legally allowable in your jurisdiction, requires you and EquiSell to resolve most disputes solely through arbitration on an individual basis and not as a class arbitration, class action, any other kind of representative proceeding, or by jury trial. EquiSell will not be liable for any loss or damage arising from your failure to comply with the Agreement. 2. Eligibility and Your EquiSell Account This section describes who is eligible to use the Service and your responsibilities to protect your Account password and provide us with accurate information. a. Minors Must Have Permission to Use the Service You may not use the Service if you are under the age of 13. If you are at least 13 but under the age of 18, you may only use the Service with permission of your parent or guardian as described in our Minors Policy (which is incorporated by reference into this Agreement). b. Provide Accurate Information You need to create an account with EquiSell to access and/or use certain features of the Service (“Account”). If you are creating an Account for a legal entity, then you represent and warrant that you have the authority to create such Account on behalf of the business entity. You must provide accurate information about your identity and must not provide any false information or impersonate another person or company through your Account. EquiSell reserves the right to verify the account information you provide (“Account Information”). Upon EquiSell’s request, you will promptly provide requested verification documentation, including identification documents, proof of address, or business information. The name on your Account will be considered the Account owner. If you do not provide the information requested or if you provide inaccurate information, EquiSell may, in its sole discretion, terminate your Account. c. Protect Your Password You are responsible for maintaining the confidentiality of your password and Account. You will immediately notify us of any suspected unauthorized use of your Account or any other suspected breach of Account security. d. Your Responsibility for Your Account You are solely responsible for any activity on your Account. If you are a Minor (as defined in our Minors Policy) and sharing the Account with a parent or guardian, then both you and the parent or guardian granting permission on the Account will be responsible for any activity on the Account. e. Account Transfers You cannot transfer or assign your Account to a third party without prior written consent from EquiSell. EquiSell may require additional information from you regarding the requested transfer or assignment. You cannot otherwise transfer, sell, or dispose of your Account under any circumstances. 3. Your Privacy For information about how we collect, use, share, and otherwise process information about you, see our Privacy Policy. 4. Your Use of the Service You may only use the Service if you comply with the law and this Agreement. If you do not comply, then we can take certain actions, including termination of your Account or other legal or investigatory action. a. Your Use of the Service and Interactions with Other Users By using the Service, you may interact with other Users. You release us from all liability relating to your interactions with other Users. When interacting with other Users, you assume all the risks of your interactions. You will be solely responsible and liable for your use of the Service, including buying, selling, transacting, and communicating on the Service. All forms of interaction must follow our Community Guidelines (which are incorporated by reference into this Agreement). b. Follow the Agreement and the Law In connection with using and/or accessing the Service, you will comply with this Agreement and all applicable laws, rules, and regulations. Without limiting the forgoing, you will not do any of the following in connection with your use of the Service: Post any User Content (each as defined below in Section 6) that is unlawful, harmful, violent, illegal, infringing on third party rights, false, misleading, fraudulent, pornographic, libelous, invasive, encouraging of money laundering, gambling, or any other unlawful or unwarranted behavior, or otherwise fail to comply with our Community Guidelines; violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction, as determined by EquiSell in its sole discretion, that may be applicable to your use of the Service; create any derivative works of, modify, or reverse engineer any part of the Service; interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying our Service or damage, disable, overburden, put unreasonable load on, or otherwise impair the functioning of the Service infrastructure or the networks connected to the Service; promote any illegal activity or enterprise; stalk, harass, bully, impersonate or solicit information unrelated to a listed Item from anyone; copy, scrape, harvest, crawl or use any technology, software or automated systems to collect any information or data for the Service; sell or transmit anything you do not have a right to sell or transmit under law or existing relationship; pose a privacy or security risk to the Service or any User; infringe anyone’s intellectual property, such as by posting counterfeit products for sale through the Service; spam any Users with email, junk mail, fraud, schemes, or the like; collect or harvest any information or data from EquiSell’s systems or attempt to decipher any transmission to or from the servers running the Service; use the contact information of any User of the Service (including Buyers) for any purposes other than in relation to: (a) receiving the Service and (b) any transactions between Users; use the Service in any way that is contrary to EquiSell’s public image, goodwill, or reputation; express or imply that any of your statements, activities, or causes are endorsed by EquiSell, without EquiSell’s prior written consent in each instance. Notwithstanding the foregoing, a Seller will be entitled to make a factual reference which states that the Seller sells its Items on the Service. All other references (including any commentary on the factual reference mentioned above) will be subject to EquiSell’s prior written consent in each instance; create multiple account to evade punishment or avoid restrictions; transmit or upload viruses, worms, or otherwise interfere with the Service; and/or take any action or inaction which EquiSell, in its sole judgment, believes is questionable or could cause harm or liability. EquiSell may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Content, or Users, including termination of your Account and/or preservation of such information for investigative purposes. Enforcement of this Section 4 is solely at EquiSell’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. c. Share Your Thoughts and Ideas We appreciate your thoughts and ideas. You acknowledge and agree that any comments, suggestions, ideas, feedback, or other information about the Service (“Feedback”), provided by you to EquiSell will not be confidential or proprietary, and EquiSell shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 5. Your Use of Mobile Devices and Other Third-Party Software You can access the Service through a mobile device, but you will be responsible for any associated fees from your wireless provider. If you use any third-party software, including Apple software, in connection with the Service, then you must comply with such third party’s terms and conditions. a. Your Responsibility for Mobile Fees and Costs When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You are solely responsible for such fees and will be solely responsible for your use of the Service on your mobile device and your adherence to your wireless provider’s terms and conditions. b. Your Use of App Store Software Applications To the extent you access the Service in connection with the Apple App Store, Google Play, or any other similar third party application marketplace, you acknowledge and agree that these Terms are solely between you and EquiSell and that between the marketplace provider and EquiSell, EquiSell is solely responsible for the Service, content, maintenance, support, and addressing any claims relating thereto, including product liability, legal compliance, and intellectual property infringement. In addition, if you access the Service through our iOS application, please review the Apple End User License Agreement. 6. Your Content You are responsible for the Content (as defined below) you post through the Service and represent that you own the Content or have the right to use the Content. While you continue to own all your Content, you license the Content to us for our use, including to operate the Service and for our marketing purposes. a. Your Content is Your Responsibility You are solely responsible for all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, messages, sales, purchases, and any other materials (“Content”) that you upload, post, publish, transmit, display, and/or submit (“Post”) to or through the Service (such Content Posted by Users, excluding Account Information, is referred to as “User Content”). You are solely responsible for all of your User Content, and you understand and agree that all User Content can be shared with other Users and third parties in EquiSell’s sole discretion. EquiSell has no control over or liability for how other Users may use your User Content. b. You License Your Content to Us By Posting any User Content, you hereby represent and warrant that you have sufficient rights in the User Content to grant us the below license. By Posting any User Content, you hereby grant to EquiSell and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by EquiSell, your User Content in connection with (i) the operation of the Service or any other products or services of EquiSell or (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the internet or Third Party Services (e.g. Facebook, Twitter, Instagram, blogs, etc.) and allowing other Users to share listings that include your User Content. c. Your Content Must Not Infringe Intellectual Property Rights You further represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. While we are not obligated to review any User Content posted by our Users on our Service, we reserve the right to review any User Content, with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We may refuse to accept or display the User Content, and we may remove or delete all or any portion of the User Content at any time in our sole discretion, with or without cause. EquiSell will not be responsible for any User Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content. You may be exposed to User Content that you find inaccurate, offensive, indecent, or otherwise objectionable, and you waive any legal or equitable rights or remedies you have or may have against the EquiSell Parties (as defined in Section 11) with respect to such User Content. d. Your Content Is Public You understand and agree that (i) the User Content you Post is not confidential and will be treated as non-confidential; (ii) your User Content may be publicly viewable and will be accessible and viewed by third parties; and (iii) EquiSell will not be liable for any treatment of your User Content as public and non-confidential or for the use of your User Content by third parties. You waive all claims with respect to confidentiality of any User Content. If you do not want your User Content to become public and nonconfidential, you must not use the Service. 7. Our Intellectual Property Rights We own our intellectual property. You may only use the Service as authorized in this Agreement and you may not copy, modify, or otherwise use our name and logo. EquiSell retains all rights to our intellectual property. This includes the Service Content (as defined below) as well as the EquiSell name, logos, product or service names, slogans, trade dress, and any other EquiSell trademarks or service marks (“EquiSell Trademarks”). Other than Third Party Content (as defined below), all Content on the Service including its look and feel (“Service Content”) is owned by EquiSell or its licensors and is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. EquiSell retains all rights to our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content unless explicitly authorized by this Agreement. Any use of the Service, including the Service Content, other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of EquiSell Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by EquiSell. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply endorsement, sponsorship, or recommendation by us. 8. Third-Party Services and Content You may access or use services or content provided by third parties when using our Service. EquiSell is not responsible for such third party services or content, and third-party services will be governed by such third parties’ terms and conditions and policies. a. Your Access to Services of Third Parties The Service may enable you to access certain services that are offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the EquiSell platform (“Third Party Services”). For example, social networks you connect your Account to under the Sharing Settings page are Third Party Services. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Services are solely between you and the third party. EquiSell does not control or endorse, and makes no representations or warranties regarding, any Third Party Services, and your access to and use of such Third Party Services is at your own risk. The terms of this Agreement and the EquiSell Privacy Policy do not apply to your use of any such Third Party Services. You are solely responsible for your access or use of such Third Party Services. You should review any applicable terms and/or privacy policies of any Third Party Services before using or sharing information with any Third Party Services. EquiSell may suspend or terminate your ability to access Third Party Services through the Services at any time with or without notice. The Service may provide you with access to YouTube through an application programming interface or API. YouTube is a Third-Party Service, and if you access or use YouTube's services through the API you agree to abide by, the YouTube Terms of Service. b. Third Party and User Content The Service contains images, descriptions and other Content posted by third parties including Users (“Third Party Content”). Content you access through Third Party Services is also Third Party Content. You acknowledge that Third Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third Party Content for any purpose other than as explicitly authorized in this Agreement. EquiSell will not be liable for the Third Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third Party Content. You acknowledge that EquiSell has no obligation to review, screen, or inspect any Third Party Content on the Service. However, EquiSell reserves the right to review, screen, inspect, and/or remove any Third Party Content at our sole discretion. You agree that you assume all the risk associated with the use of or reliance upon Third Party Content, including risks related to accuracy, completeness, or usefulness. 9. Your Purchases and Sales Buying and selling Items through the Service include risk, fees, and taxes. EquiSell prohibits certain items from being sold and only allows returns in limited circumstances. a. Your Risk You assume certain risks in using a marketplace service such as EquiSell. EquiSell is not a participant in and provides no warranty for any transaction between a Buyer and a Seller, and EquiSell does not take title of any Items. You acknowledge and agree that EquiSell will not be considered a buyer or seller in any transaction conducted through the Service and that EquiSell is not an auctioneer, consignee, or a shipping carrier. When acting as a Buyer or Seller, you assume all of the risks of selling or purchasing Items through the Service. b. Sellers As a Seller, you agree to only Post Items that you have all rights necessary to sell and to describe such Items truthfully, accurately, and completely. Oc. Buyers As a Buyer, you are solely responsible for reading and reviewing an Item’s listing before making an offer for an Item or purchasing an Item. Our Buyer Policy (which is incorporated by reference into this Agreement) further describes a Buyer’s rights and responsibilities. Buyers are responsible for all fees as described in the Buyer Policy. d. Fees You can register for the Service for free, but EquiSell will charge certain fees for various transactions you may complete through the Service and for certain other services EquiSell may provide as set forth in our Fee Policy (which is incorporated by reference into this Agreement). All amounts are quoted in US dollars unless otherwise stated. e. Fee Modifications We may change or discontinue, temporarily or permanently, some or all fees for the Service, without notice and at our sole discretion, and such changes will be effective upon our revision of the Fee Policy. g. Purchases Buyers may accept the price offered by a Seller and purchase the Item, or Buyers may make an offer to Sellers to purchase Items from Sellers. Once an offer has been accepted by the Seller, it will be considered a purchase and a binding contract between the Buyer and Seller. The contract to purchase will be solely between Buyer and Seller, and EquiSell will not be a party to such contract. Upon purchasing an Item, a Buyer must remit payment to EquiSell for the Item, including any listed shipping or additional fees. EquiSell may delay or cancel any purchase for purposes of fraud detection or to protect Users from other illegal or wrongful activities. All purchases are final with no returns, refunds, cancellations, or retractions allowed, except where (i) the Buyer cancels an order within three (3) hours of purchase; (ii) EquiSell cancels the purchase or the purchase has otherwise been canceled when explicitly permitted by EquiSell or, if applicable, a Seller; or (iii) the listing expressly indicated the availability of returns. h. Payments Buyers may pay for Items only by using payment methods approved by EquiSell, and EquiSell will receive such payment from the Buyer on behalf of the Seller. By submitting payment information through EquiSell, you authorize EquiSell to securely store that information and charge you for any Items purchased along with all associated taxes, shipping, and other fees. EquiSell reserves the right to request additional information from Users for the purposes of completing any transactions, identity verification, fraud prevention, and any other regulatory and compliance purposes. Funds received by EquiSell from a transaction may, subject to the Fee Policy and your ongoing compliance with Section 18(a), be redeemed by Seller through EquiSell’s permitted third-party payment provider(s) or used by the Seller to purchase items listed by other Sellers through the Service. i. Taxes Transactions conducted through the Service may be subject to taxes in your jurisdiction, which EquiSell will collect from Buyers on behalf of Sellers where legally obligated to do so. In the event EquiSell collects taxes as legally obligated, EquiSell will remit such taxes to applicable taxing authorities on behalf of Sellers. The listed prices for Items do not include taxes, but the taxes will be displayed before a Buyer confirms the purchase. Use of Posh Credit (as defined below) may modify taxes that apply to a Buyer’s purchase. Taxes may be estimated based on offers made on Items but remain subject to change if the final sale price differs from the original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess estimated taxes upon purchase or sale, you will be ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where EquiSell does not collect taxes on your behalf. j. Shipping Buyer is responsible for paying for shipping fees. k. Returns EquiSell may allow you to return an Item in limited circumstances. Please see our Return Policy (which is incorporated by reference into this Agreement) for more details. m. Escheatment It is the User’s sole responsibility to update payment Account Information to receive any redeemable funds. After a period of statutory required account dormancy, EquiSell will escheat any unclaimed funds to the relevant government authorities as necessary and may charge a dormancy fee when such a fee is allowed by applicable rules and regulations. 11. Limitation of Liability and Warranties We provide the Service on an “as-is” basis and make no other warranties or representations with respect to the Service or your use of the Service. We have no liability for certain types of damages and limit our liability for other types of damages. a. Warranty Disclaimer YOU UNDERSTAND THAT YOUR USE OF THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, WILL BE AT YOUR SOLE RISK AND THAT EquiSell PROVIDES THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, EquiSell EXPRESSLY 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 REGARDING THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR ANY THIRD-PARTY SERVICES, MATERIALS, OR ITEMS THAT MAY BE ACCESSED OR PURCHASED THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EquiSell MAKES NO WARRANTY THAT (1) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE; OR (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. EquiSell MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE ITEMS OFFERED OR SOLD THROUGH THE SERVICE, INCLUDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF SUCH ITEMS, THE TRUTH OR ACCURACY OF ANY LISTINGS, OR THE ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT THE POSH AUTHENTICATE PROGRAM CANNOT PROVIDE AN ABSOLUTE GUARANTEE OF THE AUTHENTICITY OF AN ITEM, BUT RATHER, IT IS A PROMISE THAT THE ITEM HAS PASSED THE REQUIREMENTS OF THE POSH AUTHENTICATE PROCESS (AS DESCRIBED IN OUR POSH AUTHENTICATE POLICY). RECEIVING A REFUND UNDER THE POSH PROTECT POLICY IS A BUYER’S SOLE REMEDY FOR ANY ITEM THAT IS DETERMINED NOT TO BE AUTHENTIC OR OTHERWISE NOT AS DESCRIBED. b. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL EquiSell, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS AND EMPLOYEES OF EACH (THE “EquiSell PARTIES”) BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE— FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR LOST PROFITS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, OR ANY ITEMS YOU PURCHASE OR SELL THROUGH THE SERVICE, WHETHER OR NOT A EquiSell PARTY 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 OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT; TORT INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE EquiSell PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER AMOUNT OF (1) COMMISSIONS/FEES THAT YOU HAVE PAID TO EquiSell AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE CLAIM OR (2) ONE HUNDRED U.S. DOLLARS (USD $100). THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE EquiSell PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises. 12. Indemnification If we get sued because of something you did, then you agree to defend and indemnify us. You agree to release, indemnify, and hold harmless and, upon EquiSell’s request, defend the EquiSell Parties from any legal claims, demands and damages (including reasonable attorney fees) that arise from or relate to (i) your access to or use of the Service, including any Items purchased or sold; (ii) your User Content or Feedback; (iii) your breach of the Agreement; (iv) your violation, misappropriation, or infringement of any rights of another (including someone else’s privacy or intellectual property rights); or (v) your violation of applicable laws. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. 13. Disputes with EquiSell We hope to amicably resolve any disputes with you, so we strongly encourage you to first contact our support team at support@EquiSell.com. Any unresolved dispute will be settled by binding arbitration. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND EquiSell TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND EquiSell FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND EquiSell AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. EquiSell AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. a. Informal Dispute Resolution Prior to Arbitration For any dispute or claim that you have against EquiSell or that EquiSell has against you arising out of or related to this Agreement or access to or use of the Service, including any Items purchased or sold (collectively, “Claims”, and each a “Claim”), you and EquiSell will attempt to first resolve the Claim informally to resolve the Claim faster and reduce costs for both parties. You and EquiSell will make a good-faith effort to negotiate the resolution of any Claim for at least sixty (60) days (“Informal Resolution”). This 60-day period starts on the day you or EquiSell receive a written notice of a claim from the other party (a “Notice of Claim”) in accordance with this Agreement. You will send any Notice of Claim to EquiSell to: Incorporating Services, Ltd., ATTN: NOTICE OF CLAIM, 7801 Folsom Blvd #202 Sacramento CA 95826. You must personally sign the Notice of Claim. We will send any Notice of Claim to your registered email address and ATTN: NOTICE OF CLAIM to any billing address and/or shipping address you have provided us. The Notice of Claim sent by either party must include the initiating party’s name, address, phone number, email address, a description of the Claim (including any relevant account names, order numbers, items purchased, and services used), the dates and manner of access to EquiSell upon which the Claim is based, and the specific resolution being sought. A Notice of Claim will only be valid if it pertains to, and is on behalf of, a single individual. If requested by the party that receives the Notice of Claim, the other party must personally appear at and participate in a video conference to discuss the Claim (if a party is represented by counsel, counsel may also participate). During the videoconference, you and EquiSell agree to participate in a good faith, direct discussion about the facts, circumstances, and potential resolution of the Claim. If the Claim is not resolved within Informal Resolution period of sixty (60) days (which period can be extended by agreement of the parties), you or EquiSell may start an arbitration in accordance with this Agreement (or, at the option of either party, commence a proceeding in small claims court). You and EquiSell agree that this informal dispute resolution procedure is a condition precedent to initiating any arbitration or filing any claim against the other party. b. Claims Subject to Binding Arbitration; Exceptions Except for individual disputes that qualify for small claims court, all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved through informal dispute resolution as described in Section 13(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court. c. Federal Arbitration Act This Agreement affects interstate commerce, and the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, this Agreement, and the JAMS Rules (as defined below), the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. d. Arbitration Procedure All Claims must be submitted to JAMS and will be resolved through binding arbitration before one arbitrator. JAMS administers arbitration pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures or pursuant to JAMS' Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules are available online a t www.jamsadr.com. You or EquiSell may commence arbitration by filing a written Demand for Arbitration with JAMS and providing a copy to the other party. The party commencing arbitration shall (i) include in their demand details about the claim sufficient to identify their interactions and transactions with the other party (including dates and transaction amounts) in a manner that is specific to the party (and thus not a superficial or generic statement of the claim of the sort that may be applicable to any number of claimants) and (ii) attach the Notice of Claim and any response thereto. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless the arbitration rules and/or applicable law provide otherwise. YOU AND EquiSell AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND EquiSell ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and EquiSell agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and EquiSell agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration. The arbitrator’s decision will follow this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. f. Severability If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, including but not limited to, because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable. 15. Disputes with Other Users You will be responsible for your interactions with other Users, and you release EquiSell from any liability or responsibility arising out of disputes with other Users. We encourage Users to resolve disputes with one another amicably. You are solely responsible for your interactions with other Users, including any purchase or sale transactions. EquiSell has no obligation to resolve disputes between Users, but EquiSell reserves the right to attempt to help Users resolve disputes. You release EquiSell from any claims, demands, and damages arising out of any disputes with other Users. 16. Suspending, Terminating, or Modifying your Access You may terminate your Account at any time. We may suspend or terminate your access to the Service or your Account at our discretion, including if we suspect you are engaging in fraud, abuse, or illegal activity. a. Termination of your Account by You You may terminate your Account at any time. b. Suspension or Termination of your Account by Us We may suspend or terminate your Account at our discretion without explanation, notice, and liability to EquiSell, including removing and discarding any Items or Content within the Service, for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. c. Suspension, Termination, or Modification of the Service EquiSell may suspend, terminate, or modify the Service with or without notice and for any reason, including (i) to hold funds, pending any investigations or other activity necessary to deter fraud, (ii) to address potential illegal activity, or (iii) to otherwise comply with applicable laws and regulations. d. Effect of Suspension or Termination The Service will not be accessible or available to Users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by EquiSell are strictly prohibited and may result in additional actions against you and any other users facilitating such circumvention. This includes, but is not limited to, creating new or duplicative accounts or continuing to access the Service from another User’s account. EquiSell will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Service. 17. Changes to This Agreement We may update this Agreement at any time by posting updated Terms. You will be responsible for reviewing any updated Terms. If you do not agree to the updated Terms, then you may not continue to use the Service. We may update this Agreement, and all related Policies, from time to time by posting updated Terms on the Service. When we make changes to the Terms, we will update the above “Last Updated” date. We may provide you additional notice of the changes through the Service or through email. Changes will be effective upon posting unless otherwise stated. You are responsible for reviewing the changes, and your continued use of the Service constitutes your acceptance of the updated Terms and the amendment of the Agreement. If you do not agree to abide by these or any updated Terms, you must not use or access the Service. 18. Miscellaneous This section describes certain other rights and responsibilities you have under this Agreement. a. Trade and Economic Sanctions and Export Controls The Service may be subject to economic and trade sanctions and export control laws in your applicable jurisdiction. You agree that you will not violate such laws and that you will be solely responsible for any such violation to the extent permitted by law. You represent that neither you, any business you represent, nor any beneficial owner of you or your business are: (i) a citizen or resident of a geographic area in which access to or use of the Service is prohibited by applicable law, decree, regulation, treaty, or administrative act; (ii) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (iii) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Service. b. Electronic Communication and Documentation When you use the Service or send us communications, you agree to communicate with us electronically. This Agreement and any other documents referenced in the Agreement will be considered a “writing” or “in writing” to comply with applicable legal requirements and will be legally enforceable between the parties. Printed versions of this Agreement and the referenced documents will be admissible in any legal proceeding. For clarity, mere use of the Service does not constitute electronic communication. c. Severability and No Waiver The unenforceability of any provision of this Agreement will not, except as stated in Section 13(f), affect the enforceability of any other provision. If any provision is found to be void, invalid, or unenforceable, then it, except as stated in Section 13(f), will be revised and interpreted to accomplish the objectives of such provision to the extent possible under applicable law, and the remaining provisions will continue in full force and effect. Our non-enforcement of any provision of this Agreement or right 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. We reserve all rights under applicable law. d. Headings and Interpretation The headings and sub-headings in this Agreement are included for reference purposes only and will not affect the meaning or interpretation of this Agreement in any way. The words “include,” “includes,” or “including” will be deemed to be followed by “without limitation.” This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party. 20. Our Notices to You and Contact Information This section describes how and where EquiSell and you may contact each other. Notices You agree that we will provide notices and messages to you within the Service or if required, via email or regular mail. You may provide EquiSell notice, and such notice will be deemed provided once received by EquiSell, addressed via mail to the address noted in the below “Contact Us” section.