These Terms of Use (“Terms of Use” or “Agreement”) shall serve as an agreement that sets forth the terms and conditions which will govern your use and participation in the transaction management and eScryBackyard services provided on and through eScryBackyard(the “Services”). By electing to utilize the Services you shall have also indicated your acceptance of these Terms of Use and your intent and agreement to be bound by them. If you are unwilling to agree to these Terms of Use, you shall discontinue further use of the Services. If you agree to these Terms of Use, you will be bound as follows:
1. Definitions.
“Account” means (i) an account of a Buyer from which payment for the Transaction and related fees will be obtained, (ii) an account of a Seller to which payment for the Transaction and other payments will be credited, or (iii) an account of a Broker to which payment for the Transaction and other payments will be credited and/or related fees will be obtained. “Agreement” refers to this Agreement, the then current operating rules contained on the Site and the eScryBackyard Instructions. “Transaction Detail Screens” means those screens on the Site where Users provide all requested information in connection with a Transaction. “Register” or “Shipping Instructions” means the document on the Site that contains the terms agreed upon on the Transaction Detail Screens, as well as the other terms and conditions of the eScryBackyard or shipping transaction including these Terms of Use. “User” means Buyer(s), Seller(s), and Broker(s) participating in a Transaction. “Site” refers to the website for the Services which can be found at eScryBackyard. Capitalized terms not defined herein shall have the same meaning as set forth in the General eScryBackyard Instructions
2. Description of the Service.
The Services are Internet-based transaction management services performed by eScryBackyard and Dropoff & eScryBackyard provided by Internet eScryBackyard eScryBackyard Services, acts as escrow company in a Transaction, which Services are intended to facilitate the completion of the underlying transaction under the terms of this Agreement, the Site and the applicable Services Instructions
3. Limits on the Services.
The Services are only available for lawful items and items not otherwise excluded by Section 4 below. Limitations on the Services may apply and can be found on the Site at: Register Form. Applicable state or federal laws and regulations may further limit the Services.
4. Prohibited Transactions.
Users shall not utilize the Site or the Services in connection with any Transaction that is illegal or involves any illegal items, or is for any illegal purpose; involves any obscene material; involves any munitions or firearm; involves pirated software, DVD or videos or item(s) otherwise infringing copyrighted works; involves illegal drugs or controlled substances; involves real property or any interest in real property, the sale or transfer of liquor licenses, the sale of a business (bulk sale), the transfer of title to a business entity, fund or joint control Dropoff & consignments, mobile homes or manufactured homes or the refinancing of either, reservation deposits of any kind, or promissory notes, mortgages or deeds of trust. In addition, eScryBackyard, in its sole discretion, may refuse to complete any Transaction that eScryBackyard has reason to believe is unauthorized or made by someone other than you, may violate any law, rule or regulation, or if eScryBackyard has reasonable cause not to honor it. Each User agrees to indemnify and hold eScryBackyard harmless for losses resulting from any use or attempted use of the Services in violation of this Agreement.
5. Rejection of Payment.
Since the use of a bank account, credit card or debit card account, or the making of an electronic funds transfer may be limited by your agreement with your financial institution and/or by applicable law, eScryBackyard is not liable to any User if eScryBackyard does not complete a Transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an Account. eScryBackyard may post operating rules related to payment on the Site and change such rules from time to time.
6. General Conditions of Use.
If you arrive at the Site through entities linked and/or integrated with eScryBackyard or otherwise by or through a third party (e.g., an auction, exchange, or Internet-based intermediary that hosts electronic marketplaces and mediates transactions among businesses), then you authorize such third party to transfer relevant data to eScryBackyard to facilitate the Transaction. You represent and warrant that all information you provide to eScryBackyard or to such third party will be true, accurate and complete. The party entering into this Agreement on behalf of any User represents and warrants that he/she is authorized to do so and to bind the User and is a natural person of at least eighteen (18) years of age. In order to initiate and commence a Transaction, all Users to a Transaction must register at Register Form, agree to all terms in the How It Works Instructions and agree to the eScryBackyard Shipping Instructions.
7. Obligations of Sellers.
On the Transaction Detail Screens, each Seller to a Transaction must designate an Account to which payment for the Transaction will be made. Each Seller authorizes eScryBackyard and its authorized agents to initiate credit entries to such Seller’s Account for payment of the purchase price, or applicable balance due, and to debit Seller’s Account to discharge Seller’s obligations. Each Seller in a Transaction shall deliver the items set forth in Services Detail Screens directly to the Buyer (or Buyers), at the address specified by such Buyer as shown on the eScryBackyard website and on the terms and conditions set forth in the How It Works and Services Instructions. Seller gives eScryBackyard permission to act as its agent in communicating with the shipping company regarding the notice of the delivery of the goods. Seller authorizes eScryBackyard to return the eScryBackyard funds (excluding eScryBackyard fees) to Buyer. In the event of a return of the items by Buyer, Seller shall notify eScryBackyard of the receipt of the returned items. Upon receipt of such notice from Seller, the Seller’s five (5) day inspection period shall commence. In the event Seller accepts the returned items within the inspection period or fails to act within the inspection period, eScryBackyard shall remit the funds (excluding escrycarsconsign.com fees) to Buyer. If Seller notifies eScryBackyard of its non-acceptance of any returned items within the Seller’s inspection period, then eScryBackyard will retain the funds pending resolution of the dispute or take other action as authorized. Notwithstanding anything to the contrary above, if all Users to a Transaction agree on the Transaction Detail Screens that there is no shipping required, then no party hereto will have any obligation under this Agreement with respect to shipping.
8. Obligations of Buyers.
Depending on the amount of the Transaction and the currency selected for the Transaction, Buyer may remit the necessary funds via various methods, which may include corporate cashier’s check, money order,Gift Card or wire transfer. Regardless of the payment method, Buyer authorizes eScryBackyard and eScryBackyard authorized agents to initiate transactions, as applicable, to obtain the purchase price for a Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer’s obligations under Section 22 of this Agreement. eScryBackyard will deposit funds received from Buyer into an Dropoff & consignment trust account maintained by eScryBackyard.eScryBackyard is affiliated with all major banks and Gift Card branches around the world. eScryBackyard have accounts in United Kingdom, United States, Greece, Spain, Italy, and may more.
Unless otherwise requested as specified in the following sentence, eScryBackyard deposits do not earn interest for Buyer or Seller. If you anticipate an extended closing of the Transaction, then you may request and approve an instruction to have eScryBackyard place Buyer’s funds into an interest bearing account for the benefit of Buyer or Seller. If interest is to accrue to the benefit of the Seller, then both Buyer and Seller must request and approve the establishment of the interest bearing account. If this request is made, then eScryBackyard will charge the account of the party to whom the interest accrues an additional nonrefundable service charge of $100.00, which must be paid in advance. Buyer shall notify eScryBackyard of the receipt or non-receipt of the items on the date the merchandise is received or the Buyer Inspection Period is started. Buyer shall notify eScryBackyard of the Buyer’s acceptance or rejection of the items before the Buyer’s Inspection Period expires by email. Upon receipt of notice from Buyer that the items have been received and accepted, eScryBackyard shall transfer the payment amount (less any amount payable to escrycarsconsign.com for eScryBackyard fees) to Seller’s Account. Transfer to a Seller generally will be initiated within the next business day from the day on which notice of acceptance of the items is received from the Buyer. If Buyer has not notified eScryBackyard of the non-receipt or rejection of the items during the Buyer’s Inspection Period, then Buyer authorizes eScryBackyard to remit the Dropoff & consignmented funds (excluding eScryBackyard fees) to the Seller. Buyer shall follow the procedures set forth on the Site in the event the items are rejected.
9. Obligations of Brokers.
On the Transaction Detail Screens, each Broker to a Transaction must designate an Account to which the Broker Fee payment will be made. Each Broker authorizes IES and its authorized agents to initiate credit entries to such Broker’s Account for payment of the Broker’s commission, and to debit Broker’s account to discharge Broker’s obligations. Each Broker in a Transaction shall provide Buyer email, Seller email, and Transaction details including purchase price, merchandise description, inspection period and which party is responsible for the Broker and eScryBackyard fees.
10. Our Responsibilities.
eScryBackyard is obligated to perform only those duties expressly described in this Agreement and the How It Works and Services Instructions. escrycarsconsign.com shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct (subject to the limitations in Section 17 below). eScryBackyard may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. In the event that eScryBackyard is uncertain as to eScryBackyard duties or rights under this Agreement, receives any instruction, demand or notice from any User or financial institution which, in eScryBackyard’s opinion, is in conflict with any of the provisions of this Agreement, or any dispute arises with respect to this Agreement or the consignment Servicesed Funds, eScryBackyard may (i) consult with counsel of our choice (including our own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you, or (ii) refrain from taking any action other than to retain the funds in eScryBackyard for delivery in accordance with the written agreement of the Users, the final decision or award of an arbitrator pursuant to an arbitration commenced and conducted in accordance with the How It Works and Services Instructions or a final, non-appealable judgment of a court of competent jurisdiction, or (iii) discharge our duties under this Agreement by depositing all funds by interpleader action with a court of competent jurisdiction in accordance with the procedures outlined in the How It Works and Services Instructions.
11. Canceling a Transaction.
If a Transaction cannot be completed for any reason, including cancellation by eScryBackyard for any reason, eScryBackyard will notify each User in such Transaction by e-mail, to the e-mail address each has provided to eScryBackyard. In eScryBackyard’s sole discretion, escrycarsconsign.com may cancel any Transaction if each User to a Transaction fails to agree on the terms as required in the Transaction Details Screens. You may cancel a Transaction as provided in this Agreement, on the How It Works and Services Instructions or in the Transaction eScryBackyard Instructions.
12. Questions about the Services.
You may inquire about payments made through the Service by filling out the customer service form. If you believe an error has been made or there has been any unauthorized use of your Account or the Services, you agree to or send an e-mail as soon as possible, but no later than forty-eight hours after you became aware of an error. When you contact eScryBackyard, please be prepared to provide your name, eScryBackyard reference or transactions ID# and your email address.
13. Statements, Verification.
You agree that all disclosures and communications regarding this Agreement and the Service shall be made by e-mail or on the Site, unless the parties make other arrangements as set forth in the How It Works and Services Instructions.
14. Digital Identification.
You understand and agree that eScryBackyard will create, issue, and verify a digital identification (a “Digital ID”) for each User. This Digital ID is attached to each accepted electronic document and notification e-mails. You agree that your Digital ID is a valid “Electronic Signature.”
15. Fees
Unless otherwise agreed upon by each User in the Transaction, Seller agrees to pay the fees for the Services that are disclosed on the Site at the time the completed Transaction eScryBackyard Instructions are agreed to by all such Users, as well as any other fees, including, without limitation, third party service fees (e.g., shipping, appraisal, inspection, etc.). Once paid, eScryBackyard fees are nonrefundable. eScryBackyard fees may change from time to time in escrycarsconsign.com’s absolute and sole discretion. eScryBackyard is not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any items purchased or sold through the Services or otherwise arising from the Transaction. Our Service is free for Buyers.
16. Security
eScryBackyard uses secure sockets layer (“SSL”), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet to ensure that the data you provide eScryBackyard is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals. eScryBackyard has also implemented a security system requiring a Transaction ID# to access your transactions on the Site.
17. Disclaimers.
You expressly agree that your use of the Services is at your sole risk. The Services are provided on a strictly “as is” and “as available” basis. escrycarsconsign.com MAKES NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, ANY ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE.
18. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER eScryBackyard NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES.
19. Termination of Services
eScryBackyard may suspend or terminate your use of the Services at any time, without notice for any reason, in eScryBackyard’s sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, eScryBackyard will attempt to provide you with prior notice of the suspension or termination of the Services by sending you an e-mail, but eScryBackyard is not obligated to do so. You shall remain liable for all Transactions you initiate through the Services prior to such termination, and the performance of your obligations, including but not limited to, the delivery of the items and the payment of all amounts you owe prior to termination or discontinuation of your use of the Services. You agree to pay all costs and expenses (including reasonable attorneys’ fees) that eScryBackyard may incur in order to (a) collect any amounts you owe under this Agreement, the General eScryBackyard & Shipping Instructions, or the Transaction eScryBackyard Instructions or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between Buyer and Seller, as set forth in the How It Works eScryBackyard Instructions and Services Instructions
20. Non-Transferability of the Services.
You may not assign this Agreement or the eScryBackyard Instructions to any other person or entity. Your right to use the Services shall not be sold or transferred to any other person or entity without the prior written consent of eScryBackyard. eScryBackyard may assign this Agreement upon notice to you. Any assignment or transfer in violation of this provision shall be null and void
21. Modifications.
eScryBackyard reserves the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a Transaction once the Users to such Transaction have agreed to the eScryBackyard Instructions. You understand that the most recent version of this Agreement will be located on the Site.
22. Notices.
eScryBackyard to you will be given by e-mail, or by general posting on the Site. You may contact eScryBackyard by filling out the customer support form or live chat.
23. Indemnification.
You agree to indemnify and hold eScryBackyard, eScryBackyard affiliates and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable attorneys’ fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, the rules contained on the Site or the How It Works eScryBackyard Instructions, including, without limitation, payment of escrycarsconsign.com fees and any charge backs from a card organization or reversal or nonpayment of any credit or debit entry.
24. Miscellaneous.
In the event of any dispute, claim, question, or disagreement arising from or relating to, this Agreement or to the Underlying Transaction, or breach of any of them, you agree to resolve such dispute in the manner set forth in the How It Works and Services Instructions. This Agreement shall be governed by the laws of the United States. Any dispute shall be resolved pursuant to the Dispute Resolution and Governing Law/Venue provisions of the General eScryBackyard Instructions. This Agreement in conjunction with the General eScryBackyard Instructions and rules contained on the Site constitutes the entire agreement between eScryBackyard and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter. If there is a conflict between the terms and conditions of this Agreement, the rules contained on the Site, and/or the General eScryBackyard Instructions, then the conflicting terms set forth in the General eScryBackyard Instructions shall control first, these Terms of Use shall control second and the rules contained on the Site shall control third. The General eScryBackyard Instructions are incorporated herein by this reference. eScryBackyard’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by consignment Services in writing. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect for so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto. eScryBackyard may assign this Agreement to any current or future affiliated company and to any successor in interest. eScryBackyard also may delegate certain of eScryBackyard rights and responsibilities under the Agreement to independent contractors or other third parties.
Revised Sep 3, 2012.