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Welcome to NotNot!
We are Again Recommerce, Inc., (also known as, The Again Co.), and we operate this marketplace. We’ll refer to ourselves and our subsidiaries as “The Again Co.” or just “we”, “our”, or “us”.
Every guest to our marketplace is expected to follow certain rules to ensure that our marketplace remains safe, respectful, and fun. These rules are outlined in this document, and the various other documents that are referenced below, which we’ll refer to collectively as the “Terms”.
These Terms form a legally binding contract between you and us. They set out your rights and responsibilities when you visit or use our marketplace and related services, which we’ll refer to collectively as our “Services”. Please read these Terms carefully. By using any of our Services, you’re agreeing to these Terms. If you don’t agree with these Terms, you may not use our Services.
Please note that Section 9 contains an arbitration clause and a class action waiver. By agreeing to these Terms, you agree to resolve all disputes by final and binding arbitration on an individual basis (and not on a class-wide or consolidated basis), and you are waiving your right to have those disputes decided by a judge or jury.
Your privacy is important to us. Our Privacy Policy describes how your information is collected, used, shared, and otherwise processed when you use our Services. By using our Services, you agree that we can process, transfer, and store your information according to our Privacy Policy.
A. Our Services are owned by us, and are protected under US and international laws. Except as expressly stated in these Terms, all rights in, and to, the Services are reserved by us. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to these Terms.
B. You must be at least 18 years old to use our Services. If you are 13 through 18 years old, you are permitted to use our Services with permission from, and under the direct supervision of, your parent or legal guardian. As the parent or legal guardian of a child younger than 18, you are fully responsible for your child’s activity while using our Services. Children younger than 13 years are not allowed to use our Services.
C. In order to provide our Services, we need to share certain information about you. You agree that we may use your personal and transactional information and share it with our partners in order to provide our Services to you. You recognize our legitimate interest in using your personal information, according to these Terms, to the extent necessary to provide our Services.
D. Our Services feature products sold by third parties. While we facilitate the transaction between a shopper and a seller, we are not part of that transaction. When you make a purchase through our Services, you are buying directly from the third party that listed that item for sale, and not from us. That third party is responsible for fulfilling orders it receives. We may not review listings, and we therefore do not guarantee or endorse any of the items listed for sale using our Services. However, we are here to help address any violation of our policies, and to help resolve concerns.
E. Don’t use our Services to break the law. You agree that you will not violate any laws while using our Services, including any local, state, federal, and international laws that apply to you. This includes not engaging in fraud, theft, anti-competitive behavior, threatening conduct, or any other unlawful acts against us, our community, or a third party.
F. Don’t steal from us or from third parties. You agree not to crawl, scrape, spider, extract, or harvest any part of our Services, reverse engineer our Services, attempt to obtain the source code of our Services, or attempt to bypass measures we employ to prevent or limit access to any part of our Services. You also agree not to copy, reproduce, distribute, publicly perform, or publicly display any portion of our Services, including our content or content that belongs to third parties (including trademarks and copyrighted works).
G. Don’t try to harm us. You agree to use our Services solely for their intended purposes and not in any manner that could interfere with, disrupt, or negatively affect others from enjoying our Services. This includes not engaging in any behavior that could damage, disable, overburden, or impair the functioning of our Services or any networks connected to our Services.
H. Don’t use our trademarks without permission. The names “The Again Co.”, “Again Recommerce”, “NotNot”, and the other marks, phrases, logos, and designs that we use in connection with our Services (collectively referred to as “Our Marks”) are trademarks, service marks, or trade dress of The Again Co. Our Marks may not be copied, imitated, or used in any manner without our prior written permission. All other trademarks, service marks, product names, company names, and company logos displayed on our Services are the property of their respective owners. The appearance of third-party marks, product or company names, or logos does not constitute or imply our endorsement, sponsorship, or recommendation.
I. We may use your feedback. We love feedback and suggestions for making our Services better. Any ideas, comments, suggestions, or feedback about us or our Services that you submit to us (excluding Your Content) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those materials for any purpose, without compensation to you.
A. You have the option to register for an account. You are not required to register an account in order to purchase goods through our Services. However, you will need to provide information about yourself, such as your name, email address, and physical address, for order fulfillment purposes. It is free to register an account, if you wish to do so. All information that you provide as part of registering an account is subject to our Privacy Policy.
B. You must provide complete, truthful, and accurate information when we request it. You agree to provide complete and honest information to us and our service providers, including when registering for an account with us or when making a purchase. You also agree not use false information or impersonate someone else. You must promptly update your account information, if it changes.
C. You must be legally permitted to set up your account. If you’re registering an account as a business entity, you personally guarantee that you have the authority to agree to these Terms on behalf of that business. You may only set up one account.
D. You are responsible for your account. You are solely responsible for all activity in your account. If you provided someone else’s financial information in your account (such as credit card information when making a purchase), then the person whose financial information is used will ultimately be responsible for that activity. You may not transfer your account to another person or entity.
E. You must protect your account credentials. Please notify us immediately if you discover or suspect that someone has accessed your account without your permission.
A. Your order may be refused. You acknowledge and agree that we and our sellers may refuse to complete your purchase for any reason, including if the item sells out.
B. You must provide a valid shipping address. You agree to provide a valid physical address to receive orders you place using our Services.
C. Pay what you owe. You agree to pay all undisputed fees that you owe for purchases made through our Services, including any applicable taxes and shipping costs. To make a purchase, you just provide a valid credit or debit card, and you authorize us to charge that payment method when you make a purchase.
D. Shipping times may vary. Sellers offer varying shipping times. Once your order is shipped, you’ll receive an email with the expected delivery date and tracking number. This information is also available in your account, if you chose to register one.
E. Items cannot be returned or exchanged. All purchases are final, and cannot be returned or exchanged for any reason.
A. We do not warehouse or inspect any of the items sold through our Services. We cannot and do not make any warranties about the quality, safety, or authenticity of the items being sold in our marketplace. Any legal claim related to an item you purchase must be made directly against the seller of the item. You release us from any claims, demands, and damages related to items purchased through our Services, including for defective items, misrepresentations by sellers, or items that caused injury.
B. We may not review listings. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted to the Services, and are not responsible for the accuracy, legality, or decency of content that you access through the Services. You release us from all liability relating to that content.
C. We may not screen sellers. You understand that we have no obligation to investigate, verify, or otherwise screen marketplace sellers other than as is required by law. You release us from all liability relating to your interactions with sellers.
D. Our Services may contain links to third-party websites or services that we don’t own or control. You may need to use a third party’s product or service in order to use some features of our Services. These third parties may require that you accept their terms of service. Those agreements are between you and that third party. We are not a party to those agreements. When you access those third-party services, you do so at your own risk.
A. You may terminate your account at any time. You may do so from your account. When you terminate your account, Your Content will be promptly removed from our Services. However, purchases that you made prior to the termination must still be completed, and payment for those purchases will remain due and must be paid.
B. We may suspend or terminate your account. If we have reason to believe that you, Your Content, or your use of our Services violates these Terms, we may suspend or terminate your account. We will try to notify you that your account has been suspended or terminated, unless we are legally prohibited from doing so, or you’ve repeatedly violated these Terms. If your account is suspended or terminated, you will no longer have the right to continue to use our Services. As we mentioned above, if your account is terminated, you may lose Your Content, and any obligations relating to sales and purchases made prior to the termination must be fulfilled.
C. We may discontinue providing our Services. We reserve the right to change, suspend, or discontinue as part of our Services at any time and for any reason. We will not be liable to you for the effect that any changes to our Services may have on you, including your income or your ability to generate revenue from our Services.
D. These Terms will remain in effect after your access to the Service is terminated or your use of the Services ends.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE, NOR OUR EMPLOYEES OR DIRECTORS, SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE SERVICES OR THESE TERMS. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If we get sued by a third party because of something that you did, you agree to defend, indemnify, and hold us (and our employees and directors) harmless from any claim, demand, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) that arise from your actions, your use of our Services, your breach of the Terms, or your infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us.
If you have a dispute with us, you agree to first contact us at legal@theagain.co so we can work together to resolve the dispute informally. If we can’t, then you agree that any dispute or claim relating to these Terms will be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with the AAA Rules. Judgement on the arbitration award may be entered in any court that has jurisdiction.
Arbitrations may be filed where you reside, or in Santa Clara County, California. Any in-person hearings will be held at a location that is reasonably convenient for both parties. Arbitrations for disputes alleging damages of less than $10,000 may be conducted telephonically or via video conference.
Any arbitration under these Terms will take place on an individual basis. You understand that by agreeing to these Terms, we are each waiving the right to trial by jury or to participate in a class action lawsuit. Notwithstanding the foregoing, each of us has the right to bring an action in a court of proper jurisdiction for injunctive or other equitable relief, pending a final decision by the arbitrator. You may assert your claim in small claims court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
We each agree that for any arbitration that you initiate, you will pay the filing fee and we will pay the remaining AAA fees and costs, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For any arbitration that we initiate, will pay the filing fee as well as the remaining AAA fees and costs.
Any claim arising out of, or related to, these Terms or our Services must be filed within one (1) year after that claim arose; otherwise, the claim is permanently barred.
If we make any changes to this section after the date you last accepted the Terms, those changes will not apply to any claims initiated prior to the date the changes became effective. However, new claims made after the date the changes became effective will be subject to those changes.
A. These Terms are governed by the laws of the State of California, without regard to its conflicts of laws rules. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state courts sitting in Santa Clara County, California, or the federal courts of the United States sitting in San Francisco County, California.
B. We may modify these terms from time to time. If we believe that the changes are material, we will provide you with notice of such changes, which may include sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Changes will be effective upon posting, unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
C. You may request that your content be removed. If content that you own or have rights to has been posted to our Services without your permission and you want it removed, please notify us promptly at legal@theagain.co. Your notice must include all of the information specified in 17 U.S.C §512(c)(3).
D. A few more legal terms. If any portion of these Terms is unlawful, void, or unenforceable, that portion is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for your and our benefit, and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and us. These Terms (including all of the policies that make up the Terms) supersede any other agreement between you and us regarding the Services. We may assign any of our rights and obligations under the Terms. If you have questions about these Terms, please email us at legal@theagain.co.