User Agreement

Introduction and Acceptance of this User Agreement

The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘BriskSale.com’ (hereafter also referred to as ‘We’ or the ‘Website’), belonging to the company BriskSale LLC. Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express. written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and BriskSale.com as they are used to protect your rights as a valued customer and our rights as a business.

This User Agreement, the BriskSale Privacy Policy, and all policies located on our site explain the terms on which BriskSale offers you access to and use of our site, services, applications and tools (collectively "Services"). All policies and the BriskSale Privacy Policy are incorporated into this User Agreement. You agree to comply with all the above when accessing and using our Services.

The entity you are contracting with is BriskSale LLC., 1623 Central Avenue, Suite 18, Cheyenne, Wyoming, 82001. Service of process contact Cheyenne Moseley: 323-962-8600, ext. 7625

Changes to the Terms of Service and the Website

BriskSale.com is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.

About BriskSale

BriskSale is a marketplace that allows users to sell, broker, and buy just about anything in a variety of methods. As a marketplace, BriskSale does not own or sell the items listed on this site, so the actual contract for sale is directly between the sellers and buyers. BriskSale’s patent pending system termed “Crowdsourced Brokerage” allows BriskSellers to earn a comission from the sale of another (traditional seller) user’s item(s).

While we may provide pricing, shipping, and other guidance in our services, such guidance is solely informational and you may choose to not follow it. Also, while we may help facilitate the resolution of disputes through our user messaging/negotiation system, BriskSale 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.

Access to the Website

We work hard to ensure the Website is always up and available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.

Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with BriskSale.com by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using BriskSale.com in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.

We do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

Using BriskSale

While using or accessing our services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our site;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to pay for items purchased by you, unless the seller has materially changed the item's description after your purchase, a clear typographical error is made, or you cannot contact the seller
  • fail to deliver items sold by you, unless the buyer fails to follow the posted terms, or your buyer cannot be contacted;
  • manipulate the price of any item or interfere with other user's listings;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • take any action that may undermine the feedback/ratings systems
  • transfer your BriskSale account information (including Feedback) to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm BriskSale, or the interests or property of BriskSale users;
  • use any robot, spider, scraper or other automated means to access our services for any purpose;
  • impose an unreasonable or disproportionately large load on our infrastructure;
  • copy, modify, or distribute rights or content from our services
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our site, services, applications, or tools without the prior written permission of BriskSale
  • commercialize any BriskSale application or any information or software associated with such application; or
  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
  • harvest or otherwise collect information about users, including email addresses, without their consent.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

The details you give us are essential for the processing and delivery of your orders, and for billing, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.

You have the permanent right to access and rectify all the information that concerns you. You can at any time make a request to BriskSale.com to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.

Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.

Abusing BriskSale

Without limiting other remedies, we may: limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our services if:

  • As a BriskSeller, you misrepresent the nature of BriskSale by either not conforming to the letter or essense of this User Agreement or our generally stated policies
  • we think that you are creating problems or possible legal liabilities;
  • we think that such restrictions will improve the security of the BriskSale community or reduce our or another BriskSale user's exposure to financial liabilities
  • we think that you are acting inconsistently with the letter or essense of this User Agreement or our generally stated policies;
  • despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
  • you fail to pay all fees due for our services by the payment due date.

When a buyer, seller, or BriskSeller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. Everything is on a case-by-case basis and we may choose to be more lenient with policy enforcement and will always attempt to do the right thing for both buyers, sellers, and BriskSellers

Any opinions left on the Website by BriskSale.com customers are screened and moderated by BriskSale.com . If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), BriskSale.com reserves the right to refuse or modify it.

Fees

We do not charge any fees other than passing through our credit card processing fee. This processing fee carries with it the optimal security of Braintree, our payment processor. We may change this fee structure from time to time by posting the changes on the BriskSale site in advance, but with no advance notice required for temporary promotions. The comission that sellers pay BriskSellers is not a fee, it’s an optional marketing tool.

You must have a payment method on file when selling on BriskSale 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 fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, deducting the amount owed from your account balance.) In addition, you may be subject to late fees. BriskSale, 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. BriskSale also reserves the right to recollect BriskSelling fees due to misconduct on a case-by-case basis.

Listing Conditions

When listing an item, you agree that:

  • You are responsible for the accuracy and content of the listing and item offered.
  • Your listing may not be immediately searchable by keyword or category for several hours. BriskSale can't guarantee exact listing durations.
  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    • buyer's location, search query, browsing site, and history;
    • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    • seller's history, Detailed Seller Ratings/Feedback; and
    • number of listings matching the buyer's query.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

  • Some advanced listing upgrades will only be visible on certain Services.

List of Prohibited Items:

  • Alcohol
  • Animals and wildlife products – examples include live animals, mounted specimens, and ivory
  • Artifacts, grave-related items, and Native American arts and crafts
  • Charity and fundraising
  • Contracts
  • Cosmetics
  • Counterfeit currency and stamps
  • Coupons
  • Credit cards
  • Currency, selling
  • Drugs and drug paraphernalia
  • Electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices
  • Embargoed goods and prohibited countries – examples include items from Cuba
  • Event tickets
  • Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns (see also military items)
  • Food and healthcare items
  • Gift cards
  • Government documents, IDs, and licenses
  • Government, transit, and shipping-related items – examples include airplane operations manuals, subway employee uniforms, and U.S. Postal Service (USPS) mailbags
  • Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants
  • Human remains and body parts
  • Importation of goods into the US – examples include CDs intended only for distribution in a certain country
  • International trading
  • Items encouraging illegal activity – examples include an eBook describing how to create methamphetamine
  • Lockpicking devices
  • Lottery tickets
  • Mailing lists and personal information
  • Medical drugs, devices, and healthcare – examples include prescription drugs, contact lenses, pacemakers, and surgical instruments
  • Military items (see also firearms, weapons, and knives)
  • Multi-level marketing, pyramid, and matrix programs
  • Offensive material – examples include ethnically or racially offensive material and Nazi memorabilia
  • Pesticides
  • Plants and seeds
  • Police-related items
  • Political memorabilia (reproduction)
  • Postage meters
  • Prescription drugs
  • Real estate
  • Recalled items
  • Slot machines
  • Stamps
  • Stocks and other securities
  • Stolen property
  • Surveillance equipment
  • Tobacco
  • Travel
  • Weeds (see plants and seeds)

Purchase Conditions

When buying an item, you agree that:

  • You are responsible for reading the full item listing before making a commitment to buy.
  • You enter into a legally binding contract to purchase an item when you commit to buy an item.
  • We do not transfer legal ownership of items from the seller to the buyer.
  • Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

The prices indicated on BriskSale.com are shown in USD and do not necessarily include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.

BriskSelling Conditions

When BriskSelling an item you agree that

  • You are responsible for the information you tell your buyer and will not misrepresent the product
  • You will not use overly aggressive marketing schemes to promote the product
  • You are solely liable for your actions on and off the internet
  • You are not an employee or agent of BriskSale.com
  • You will not collude with other users and/or agree to specific discounts or in any way impede competition
  • We have the right to every posted commission and will collect in the case of a BriskSeller acting in an unethical manner

International Buying and Selling

We do not currently offer international buying and selling but plan to offer this in the future. When we do,

We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

You may list your items directly on one or more of BriskSale's international sites. Alternatively, we may display your listing on an BriskSale site other than the BriskSale site where you listed your item for sale, including those situations where you choose to list an item with an international shipping option. However, you may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings. If your item is sold to a buyer on an BriskSale site other than your BriskSale site of registration, you agree to be subject to that other site's policies.

To assist users who may speak different languages, we may translate listings and other user and/or BriskSale content, in whole or part, into other languages. If you are a buyer, we also may provide you with access to tools so you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from an BriskSale user. The accuracy or availability of the translation resulting from such on-demand translation is not guaranteed.

Content

All the content on BriskSale.com website (illustrations, texts, names, brand names, images and videos) is the property of BriskSale.com. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by BriskSale.com. All information, content and files is protected by International law concerning intellectual ownership and copyright.BriskSale.com cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.

BriskSale.com will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

When providing us with content or posting content using BriskSale's Services, you grant us and our BriskSellers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.

You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.

In the future we may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties (including BriskSale users). You may use catalog content solely in connection with your BriskSale listings.

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogues. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works bases on catalog content (other than by including them in your listings).

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. For service of process contact Cheyenne Moseley: 323-962-8600, ext. 7625

Authorization to Contact You

You agree to receive calls from BriskSale at any of the telephone that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

  • To contact you for reasons relating to your account or your use of our services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
  • To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the notifications preference section of your My Account page on BriskSale.com.

Additional Terms

Payment Processing

By entering into this agreement, you agree to the terms of service of Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at:

https://www.braintreepayments.com/legal/gateway-agreement
https://www.braintreepayments.com/legal/cea-wells

BriskSeller Payouts

By entering into this agreement, you agree to the terms of service of SynapsePay (our financial partner) and/or Paypal found here which are incorporated herein by reference.

https://www.paypal.com/bt/webapps/mpp/ua/useragreement-full

Returns

BriskSale offers a unique negotiation solution to manage return processes. We offer users very flexible solutions in the hope that an optimal solution will be achieved without our intervention. If an adeqate solution is not achieved BriskSale has the right to step in and force actions we deem necessary. It is our ultimate desire to produce a situation that maximizes user expereince and satisfaction.

BriskSale.com is a marketplace and the sellers have individual return policies. Your right of return starts from the moment your order is made, depending on the seller's policy. Shipping and other expenses are to be handled by the buyer and seller, and BriskSale is not involved unless there is an impasse. BriskSellers' commission will be returned to the seller in the case of a return.

Shipping

At the current moment we are using EasyPost (https://www.easypost.com/) for all shipping label generation. Users are also subject to their acceptable use policy.

Your order will be delivered to the address you indicated when your order was placed. The products bought on BriskSale.com will be delivered to one address. In the event of a local pickup, we are not liable for anything. If the site is used properly, Balanced will hold funds in escrow until the transaction is complete. Please be careful when doing business in person.

BriskSale.com does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.

Will be discussed and handled between the Buyer and Seller. BriskSale.com will not be involved unless an impasse is reached in which case BriskSale.com will still not be liable.

BriskSale Additional User Protection

Most BriskSale sales and BriskSelling campaigns go smoothly, but if there's a problem with a purchase, BriskSale will always attempt to make all parties whole.

If a buyer, seller, or BriskSeller is required to reimburse the buyer, seller or BriskSale, we reserve the right to collect funds from that users BriskWallet or charge any reimbursement amount owed to the payment method on file. If a user does not provide BriskSale with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

Disclaimer of Warranties; Limitation of Liability

We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Certain notification functionality in BriskSale's applications may not occur in real time. Such functionality is subject to delays beyond BriskSale's 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 are not liable, and you agree not to hold BriskSale responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold BriskSale responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • your use of or your inability to use our services;
  • pricing, shipping or other guidance provided by BriskSale;
  • delays or disruptions in our services;
  • viruses or other malicious software obtained by accessing, or linking to, our services;
  • glitches, bugs, errors, or inaccuracies of any kind in our services;
  • damage to your hardware device from the use of any BriskSale service;
  • the content, actions, or inactions of third parties, including BriskSale BriskSellers, including items listed using our services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing BriskSale section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
  • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

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 amount up to the price the item sold for on BriskSale and its original shipping costs.

Indemnity

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including legal fees, made by any party due to or arising out of any situation, including your breach of this Agreement, your improper use of BriskSale's Services or your breach of any law or the rights of any party.

Waiver and Severability

Any failure of BriskSale.com to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. The User Agreement constitutes the entire agreement between you and BriskSale.com, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the User Agreement). If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Agreement will continue in full force and effect.