Privacy and Policy

About

Welcome to 321sold2u, the ultimate online marketplace designed for the innovative entrepreneurs and wise buyers or collectors. Imagine a vibrant online marketplace where the past meets the future, and treasures old and new come to life.

At 321sold2u, we want to offer the best experience among other businesses by providing exceptional customer service, a user-friendly platform, and a seamless consignment process.

Our goal is to create a marketplace where sellers can easily list their items and buyers can effortlessly find what they’re looking for, while enjoying smooth and enjoyable transaction experience.

We prioritize security, transparency, and efficiency, ensuring that every interaction on our platform exceeds your expectations.

Join us and discover a new standard in online and trading consignment.

Terms of Use

We are happy to have you in 321sold2u. While you enjoy your time here, please follow our guidelines.

This User Agreement and all policies and additional terms posted on and in our sites, applications, tools, and services (collectively “Services”) set out the terms on which 321sold2u offers you access to and use of our Services. You can find an overview of our policies here. The Mobile Application Terms of Use, all policies, and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is 321sold2u, LLC. In this User Agreement, the entity is individually and collectively referred to as “321sold2u, LLC,” “we,” or “us.”

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Definition of Terms

For the purpose of transacting in 321sold2u and in interpreting these terms and conditions, the following terms shall be construed to mean as follows:

Seller – The consignor or the party that sells, auctions, and/or sends the goods, also referred to as the shipper. The consignor-seller retains possession of the item until it is sold to the buyer. The 321sold2u is not responsible for any damage that the item may incur while in the possession of the consignor or during delivery to the consignee.
Buyer -The party that receives the goods, also referred to as the receiver. The consignee accepts the item upon delivery at the specified destination.
Consignee – refers to 321sold2u as the online platform or business that accepts the item listings from consignors.
Commission – the fee that 321sold2u as charges Sellers for transactions conducted through the platform.

Additional Provisions

321sold2u services link people both on the internet and in person, to create, sell, and purchase items. Here’s a guide to help you understand the specific rules applicable to you:

By using our Services would mean that you agree with our Terms, our Privacy Policy and other applicable laws.

Guidelines for sellers. If you list items for sale through our services, these policies apply to you. Read them here.

Guidelines for buyers. If you use our services for browsing or purchasing, these policies apply to you. Read them here.

Your Privacy

In 321sold2u, user privacy is of top importance. We are committed to safeguarding the personal information of our clients who use our platform to browse, sell, buy, and consign items. We collect essential data to provide and improve our services, process transactions, and communicate effectively with our users. Our privacy practices comply with U.S. laws and regulations, ensuring that user’s data is handled securely and transparently. We implement robust security measures to protect user information from unauthorized access, and we respect user’s right to access, correct, and delete their personal data. By prioritizing privacy, we strive to build trust and provide a secure consignment experience for all users.

By using our Services, you agree that we can process your information as described in our Privacy Policy.

Both 321sold2u and the sellers handle members’ personal information (such as buyer names, email addresses, shipping address and other significant information) and are thus regarded as separate and independent data controllers of buyers’ personal data. This means that each party is responsible for the personal information it processes while using or providing the services. The seller will be liable if the buyer’s personal information is intentionally or accidentally disclosed. This means that the seller, not 321sold2u, will be liable for the unauthorized disclosure.

However, if you (as a seller) and 321sold2u are determined to joint data controllers of buyer’s personal information, and if 321sold2u faces legal actions, fines, or incurs expenses due to your actions or inactions as a joint date controller, you agree to defend and indemnify the company.

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Your Account with 321sold2u

You will need to set up an account with 321sold2u to use our Services. Here are some guidelines regarding accounts with 321sold2u.

A. Accurate Information: Provide truthful, complete, and up-to-date information during registration.

B. Eligibility: You must be at least 18 years old to create an account or have parental/guardian consent if under 18.

C. Unique Account: Each user must create and maintain their own individual account; sharing accounts is prohibited. You will be responsible for all activity.

D. Compliance: Agree to adhere to all applicable laws, regulations, and our platform’s policies.

E. Security: Maintain the security of your account by protecting your password and other login credentials.

F. No Multiple Accounts: Users are not permitted to create multiple accounts without explicit permission from the platform.

G. Valid Contact Information: Provide a valid email address and contact information to ensure proper communication.

H. Prohibited Activities: Do not engage in fraudulent, misleading, or illegal activities using your account.

I. Account Verification: Complete any required verification processes to ensure the legitimacy of your account.

J. Profile Updates: Keep your account information updated and promptly make changes to reflect any alterations in your details.

Your Content

When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, including development of new offerings as part of our Services, in any media known now or developed in the future.

To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against 321sold2u, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. 321sold2u takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including 321sold2u users). You may use that content solely in your 321sold2u listings. 321sold2u may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that 321sold2u is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name “321sold2u ” and other 321sold2u marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of 321sold2u in the U.S. and other countries. They may not be used without the express written prior permission of 321sold2u.

Use of Services

Compliance with Laws

In connection with using or accessing our Services, you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations.

2. Prohibited Uses

Breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;

2.2. Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;

2.3. Manipulate the price of any item or interfere with any other user’s listings;

2.4. Take any action that may undermine the feedback or ratings systems (our Feedback policies);

2.5. Transfer your 321sold2u account (including feedback) and user ID to another party without our consent;

2.6. Create listings, post, or upload content in inappropriate categories or areas on our sites;

2.7. Engage in gambling; post false, inaccurate, misleading, deceptive, defamatory, libelous, or illegal content;

2.8. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

2.9. Distribute viruses or any other technologies that may harm transfer your 321sold2u account (including feedback) and user ID to another party without our consent, or the interests or property of users;

2.10. Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of 321sold2u;

2.11. Circumvent any technical measures used to provide our Services;

2.12. Interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;

2.13. Export or re-export any 321sold2u application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;

2.14. Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to 321sold2u. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to 321sold2u or someone else;

2.15. Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;

2.16. Commercialize any 321sold2u application or any information, data, or software associated with such application, except with the prior express permission of 321sold2u; or

2.17. Harvest or otherwise collect or use information about users without their consent.

3. Commission, Fees and Taxes

3.1. Commissions

321sold2u will charge a Commission on each transaction. The Commission can be a fixed amount or a percentage of the transaction value, as specified by the platform. The Commission will be automatically debited from the Seller’s account upon completion of each transaction. Credit Card Fees will be automatically deducted during the transaction process and will be the responsibility of the Seller. Details of the current Commission rates and Credit Card Fees are available on our website and may be subject to change with prior notice.

3.2. Fees

We charge sellers for the use of our Services. If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of 321sold2u. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of 321sold2u, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of our Services for the introduction to a buyer.

You as a seller must have a payment method on file when using our selling Services and pay all fees and applicable taxes associated with your use of our Services.

3.3. Taxes

3.3.1. Sales Tax

Sales Tax Collection

321sold2u is required by law to collect applicable sales tax on orders shipped to addresses within the United States. The amount tax charged on your order will depend upon various factors including but not limited to, the type of item purchased, the selling price, and the destination of the shipment.

Tax Rate

The sales tax rate applied to your order will be the combine state and local rate for the address to which your order is shipped. The applicable rate will be calculated at the time of purchase and displayed during the checkout process.

Exemptions

If you believe your purchase is exempt from sales tax, you must provide a valid exemption certificate at the time of purchase. We reserve the right to determine the validity of any claimed exemption and may request additional documentation as necessary.

3.3.2. Income Tax

Consignor or Seller Income Reporting

As a Consignor or Seller, it is your responsibility to report income earned from the sale of goods on our platform to the appropriate authorities. We will provide a Form 1099-K to Consignors who meet the reporting thresholds as required by law.

Thresholds for Reporting

For the calendar year, we will issue a Form 1099-K to Consignors or Sellers who have more than 200 transactions and total sales exceeding $20,000, in accordance with IRS requirements.

3.3.3. Changes in Tax Law

Compliance

We will comply with all applicable tax laws and regulations. Any changes in tax laws or regulations that affect the collection, reporting, or remittance of taxes will be implemented as required.

Notification

We will notify users of any material changes to our tax collection practices through updates to these Terms of Service and, where appropriate, through other communication channels.

3.3.4. Responsibility

Buyer Responsibility

Buyers are responsible for any taxes applicable to their purchases including but not limited to sales tax, use tax, and import duties.

Seller/Consignor Responsibility

Sellers/Consignors are responsible for understanding and complying with their tax obligations related to the sale of goods through our platform, including income tax reporting and any applicable state or local taxes.

Termination of Account

Termination by You

Voluntary Termination

You may terminate your account at any time by using the account termination feature available. Terminating your account will not impact the accessibility of certain content you posted through the Services before termination. Additionally, you remain responsible for any outstanding payments.

Termination by 321sold2u

Cause of Termination

We may terminate or suspend your account and access to the Service, without prior notice, if we determine, in our sole discretion, that you have violated these Terms of Service, engaged in fraudulent or illegal activities, or for any other reason that we deem appropriate.

Notice of Termination

We will attempt to notify you of the termination or suspension of your account via email address associated with your account.

Immediate Termination

Certain violations, such as fraudulent activities, serious breaches of these Terms, or illegal activities may result in the immediate termination of your account without notice.

Effect of Termination

Outstanding Obligations

Termination of your account does not relieve you of any obligations to pay any outstanding fees or amounts owed to 321sold2u. All such amounts must be settled promptly upon termination.

Pending Transactions

Any transactions that are pending at the time of account termination will be completed in accordance with these Terms of Service. We reserve the right to cancel any transactions that have not yet been completed.

Data Retention

We may retain certain data associated with your account for a period of time as required by law or for legitimate business purposes, even after your account has been terminated.

Appeal Process

Request for Review

If you believe your account has been terminated or suspended in error, you may contact us to request a review of the decision.

Review Process

We will review your request and make a determination at our sole discretion. The decision will be communicated to you via email address associated with your account.

Changes to Termination Policy

Amendments

We reserve the right to modify or amend this termination policy at any time. Changes will be effective upon posting the updated policy on our website. Your continued use of the Service following any changes constitutes acceptance of the revised policy.

Survival

Surviving Provisions

The following provisions will survive the termination of your account. Compliance with Laws, Indemnification, Limitation of Liability, Dispute Resolution, Governing Law, and any other provisions that by their nature are intended to survive termination.

Warranties and Limitation of Liabilities

Warranties

No warranty on Items Sold

321sold2u facilitates the sale of items between the Seller and the Buyer. The Buyer acknowledges and agrees that 321sold2u makes no representations or warranties of any kind, express or implied, regarding the items sold by the Seller, including but not limited to:

Merchantability: The items’ quality, condition, or suitability for any particular purpose.

Fitness for a Particular Purpose: The items’ suitability for the Buyer’s intended use.

Non-infringement: That the items do not violate any intellectual property rights of third parties.

Seller’s Warranty

Any warranties regarding the items are provided solely by the Seller. The Buyer must direct any warranty claims to the Seller in accordance with the terms provided by the Seller. 321sold2u disclaims any responsibility or liability related to such warranties.

Limitation of Liabilities

Limitation of Liability

To the fullest extent permitted by applicable law, 321sold2u’s total liability to the Buyer for any claim arising out of or relating to the purchase, use, or inability to use any item sold by the Seller shall not exceed the amount paid by the Buyer for the item in question.

Exclusion of Certain Damages

321sold2u shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of Profits: Any loss of revenue, income, or anticipated savings.

Loss of Data: Any loss or corruption of data.

Loss of Use: Any inability to use the purchased items.

Business Interruption: Any disruption to business operations or other commercial damages or losses.

Assumption of Risk

The Buyer assumes all risks associated with the purchase, use and resale of the items from the Seller. The Buyer acknowledges that that 321sold2u does not guarantee any particular outcome from the use of the items.

Third-Party Claims

321sold2u shall not be liable for any claims, demands, or actions brought by third parties, including but not limited to claims for:

Infringement: Any alleged or actual infringement of third- party intellectual property rights.

Product Liability: Any alleged or actual defects in the items that cause injury or damage to persons or property.

Disclaimer of Consequential Damages

In no event shall the Consignee be liable for any consequential, incidental, indirect, special, or punitive damages, whether arising out of breach of contract, tort (including negligence), strict liability, or otherwise, and regardless of whether or not the Consignee has been advised of the possibility of damages.

Force Majeure

321sold2u shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil disturbance, strikes, pandemics, and governmental actions.

Acknowledgment

By purchasing items through 321sold2u, the Buyer acknowledges that they have read, understood, and agreed to these provisions on warranties and limitation of liabilities. The Buyer agrees that these provisions are reasonable and necessary to allocate the risks associated with the sale of items.

Governing Law

These provisions shall be governed by and construed in accordance with the Pennsylvania laws which 321sold2u is incorporated, without regard to its conflict of law principles. Any disputes arising out of or related to these provisions shall be resolved exclusively in the state or federal courts located within that state.

Indemnification Provisions

Indemnification by the Buyer

Buyer Indemnity

The Buyer agrees to indemnify, defend, and hold harmless 321sold2u, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorney’s fees) that arise from or relate to:

The Buyer’s use of 321sold2u services.
Any breach or alleged breach of these terms and conditions by the Buyer.
Any violation of any law or the rights of a third party by the Buyer.
Any claim related to the Buyer’s purchase, use, or resale of any items obtained through the Consignee.

Indemnification by the Seller

Seller Indemnity

The seller agrees to indemnify, defend, and hold harmless 321sold2u, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to:

The Seller’s use of 321sold2u’s services.
Any breach or alleged breach of these terms and conditions by the Seller.
Any violation of any law or the rights of a third party by the Seller.

Any claim related to the items sold by the Seller through 321sold2u, including but not limited to product liability claims, intellectual property infringement claims, and any claims related to the quality, safety, or legality of the items.

Dispute Resolution Provisions

Scope and Applicability

These provisions apply to disputes between users (sellers and buyers) and/or third parties involved in transactions conducted through 321sold2u.

321sold2u serves solely as an intermediary to facilitate transactions and is not a party to any transaction between users or third parties.

Direct Resolution Between Parties

Users and third parties are encouraged to communicate and resolve disputes directly with each other.

Sellers, buyers, and third parties should make a good faith effort to communicate and resolve any issues related to the transaction.

If direct communication fails, 321sold2u will endeavor to assist you in resolving disputes in good faith; however, we will not make judgments or determinations on legal matters or claims. 321sold2u is not obligated to resolve or assist in resolving any disputes.

You agree to release 321sold2u from any claims, demands, and damages that may arise from disputes with other users or third parties.

8. Agreement to Arbitrate

You and 321sold2u each agree that any and all disputes or claims that have arisen, or may arise, between you and 321sold2u (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of 321sold2u or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, subject to any exemptions listed in this section.

The Federal Arbitration Act (“FAA”) and, to the extent not inconsistent with the FAA, the law of the State of Pennsylvania, USA without regard to principles of conflict of laws govern the interpretation and enforcement of this Agreement to Arbitrate.

Exemption – Small Claims Court Claims

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only. If a party initiates an arbitration asserting a claim that falls within the jurisdiction of a small claims court, the other party may, in its discretion, require that the arbitration demand be withdrawn and that the claim be filed in small claims court.

Any dispute about whether a claim falls within any given small claims court’s jurisdiction will be resolved by that court, not by an arbitrator. In the event of any such jurisdictional dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND 321SOLD2U AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND 321sold2u AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF SOUGHT BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT BE GRANTED TO OR AFFECT OTHER USERS.

If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 18.C below), subject to your and 321sold2u ‘s right to appeal the court’s decision. All other claims will be arbitrated.

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator will apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except those issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 2 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide as set forth under Section 18.C below.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules, and the AAA’s International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent mutual written agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA’s rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach agreement, the court (pursuant to Section 18.C below) shall select the administrator.

A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (“Notice”), which may be downloaded at this link. The Notice to 321sold2u must be sent to 321sold2u,LLC., Attn: Litigation Department, Re: Notice of Dispute, (321sold2u’s Address for Disputes). 321sold2u will send any Notice to you to the physical address we have on file associated with your 321sold2u account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.

If you and 321sold2u are unable to resolve the claims described in a valid Notice within 30 days after 321sold2u.com receives that Notice, you or 321sold2u may initiate arbitration or small claims proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to 321sold2u at the following address: 321sold2u,LLC. In the event 321sold2u initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your 321sold2u account; it is your responsibility to keep your physical address up to date. Any settlement offer made by you or 321sold2u shall not be disclosed to the arbitrator.

If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in City, Pennsylvania, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or 321sold2u may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but shall be bound by rulings in prior arbitrations involving the same 321sold2u user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of “Arbitration Procedures” of this Agreement, and the value of the relief sought is $10,000 or less, at your request, 321sold2u will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by 321sold2u should be submitted by mail to the AAA along with your Demand for Arbitration and 321sold2u will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse 321sold2u for all fees associated with the arbitration that have been paid by 321sold2u on your behalf that you otherwise would have been obligated to pay under the AAA’s rules.

Opt-Out Procedure

IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO 321sold2u,LLC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, (NameofPlatform’s Address for Litigation.

For your convenience, we are providing an Opt-Out Notice form. You must complete, sign and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state, and zip code), and the user ID(s) and email address(es) associated with the 321sold2 Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against 321sold2u prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and 321sold2u. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www. 321sold2u.com at least 30 days before the effective date of the amendments and by providing notice through the 321sold2u Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

Judicial Forum for Legal Disputes

If the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute between you and 321sold2u will be resolved exclusively by a state or federal court located in City, Pennsylvania. You and 321sold2 agree to submit exclusively to the personal jurisdiction of the courts located within City, Pennsylvania for the purpose of litigating all such claims, disputes, or matters.

General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www. 321sold2u.com.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www. 321sold2u.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the 321sold2u Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an 321sold2u representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

Without limiting 321sold2u’s ability to refuse, modify, or terminate all or part of our Services, 321sold2u may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the 321sold2uService.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and 321sold2u, and supersede all prior understandings and agreements of the parties.

The following sections survive any termination of this User Agreement: Fees and Taxes, Content, Holds and Restricted Funds, Additional Terms, Payment Services, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, buyers and sellers may elect to submit complaints against one another to the American Arbitration Association (“AAA”) under its rules and procedures. The AAA’s rules are available at www.adr.org. Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement. Buyers and sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.