The entity you are contracting with is DOGE Exchange Corporation., Arizona. Please be advised that this User Agreement contains provisions that govern how claims you and I 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 our agents or us to binding and final arbitration unless you opt out of the Agreement to Arbitrate. Suppose you do not opt out: (1). In that case, you will only be permitted to pursue claims against our agents or us 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.
2. About DOGE Exchange Marketplace
DOGE Exchange is a marketplace that allows users to offer, sell, and buy goods and services in various geographic locations using a variety of pricing formats. DOGE Exchange is not a party to contracts for sale between third-party sellers and buyers, nor is DOGE Exchange a traditional auctioneer.
Any guidance DOGE Exchange provides as part of our Services, such as pricing, shipping, listing, and sourcing, is solely informational, and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, DOGE Exchange 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 things; or that a buyer or seller will complete a transaction or return an item.
3. Using DOGE Exchange
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, and you will not:
Breach or circumvent any laws, regulations, third-party rights, or our systems, Services, policies, or determinations of your account status;
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;
fail to pay for items purchased by you unless you have a valid reason as set out in a DOGE Exchange policy, for example, where the seller has materially changed the item's description after you bid (see our Unpaid item policy);
fail to deliver items sold by you unless you have a valid reason as set out in a DOGE Exchange policy;
manipulate the price of any item or interfere with any other user's listings;
take any action that may undermine the feedback or rating systems
transfer your DOGE Exchange account (including feedback) and user ID to another party without our consent;
share your login credentials with any third parties. If you require that authorized third parties (employees, agents, etc.) have access to your account, please contact us.
create listings, post, or upload content in inappropriate categories or areas on our sites;
post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm DOGE Exchange or the interests or property of users;
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 DOGE Exchange;
circumvent any technical measures used to provide our Services.
interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
export or re-export any DOGE Exchange application or tool, except in compliance with the export control laws, rules, and policies of any relevant jurisdictions;
infringe the copyright, trademark, patent, publicity, moral, database, and other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to DOGE Exchange. 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 DOGE Exchange or someone else;
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;
commercialize any DOGE Exchange application or any information, data, or software associated with such application, except with the prior express permission of DOGE Exchange; or
harvest or otherwise collect or use information about users without their consent.
Sellers must meet DOGE Exchange minimum performance standards. Failure to meet these standards may result in DOGE Exchange charging sellers additional fees and limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing DOGE Exchange and our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and demote listings, reduce or eliminate any discounts, and take technical and legal steps to prevent you from using our Services.
Suppose we believe you are violating our policies prohibiting Offers from buying or selling outside the DOGE Exchange. In that case, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. Also, as provided below in the Fees and Taxes section, you may be charged final value fees if we believe you violate our policy on buying or selling outside of DOGE Exchange.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
4. Policy Enforcement
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may be more lenient with policy enforcement to do the right thing for buyers and sellers. The preceding does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone or to terminate this agreement with anyone for any reason at our discretion.
5. Fees and Taxes
We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services such as authentication or storage Services for items in specific categories, we may also charge those buyers for such additional Services.
The fees we charge sellers for using our Services to sell goods and services are listed on our Selling fees pages. We may change our selling fees from time to time by posting the changes on the DOGE Exchange site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a seller, you are liable for fees arising from all sales made using some or all of our Services, even if sales terms are finalized, or payment is made outside of DOGE Exchange. 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 DOGE Exchange, 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 by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, or the DOGE Exchange Payments Entities (as defined below) may collect amounts owed in the manner described, and late fees will apply. DOGE Exchange, or the collection agencies we retain, may also report information about your account to credit bureaus. As a result, late payments missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information DOGE Exchange reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please get in touch with us at DOGE Exchange Corporation, Arizona. You must contact the collection agency directly if you wish to dispute the information a collection agency reported to a credit bureau regarding your DOGE Exchange account.
6. Listing Conditions
When listing an item for sale on our Services, you agree to comply with DOGE Exchange's no listings policy:
A listing must offer either a physical item, which includes digitally delivered goods, or a sale service. Want ads, placeholders, or offers to trade are not allowed.
Activity that doesn't follow DOGE Exchange policy could result in a range of actions, including, for example: administratively ending or canceling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, and account suspension. All fees paid or payable about listings or accounts on which we take any action will not be refunded or otherwise credited to your account. And also agree that:
You assume full responsibility for the item offered and the accuracy and content of the listing,
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). DOGE Exchange can't guarantee the exact listing duration,
Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or DOGE Exchange, in its sole discretion,
The content you provide complies with all of our listing policies, including the Images, videos, and text policy,
Content that violates any of DOGE Exchange's policies may be modified, obfuscated, or deleted at DOGE Exchange's sole discretion,
We may revise product data associated with listings to supplement, remove, or correct information,
We strive to create a marketplace where buyers find what they want. 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, including listing practices, Detailed Seller Ratings, DOGE Exchange policy compliance, feedback, and defect rate; and
number of listings matching the buyer's query,
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 some of our Services,
DOGE Exchange's Duplicate listings policy may also affect whether your listing appears in search results,
Metatags and URL links that are included in a listing may be removed or altered,
We may provide you with optional recommendations to consider when creating your listings. Such requests may be based on the aggregated sales and performance history of similar sold and current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers,
For items listed in specific categories, subject to certain programs, and offered or sold at particular price points, DOGE Exchange may require using specific payment methods, subject to our Payments methods policy. For example, for inventory covered by authentication or storage services, buyers and sellers may be subject to escrow and payment handling requirements,
You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the product’s sale is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. DOGE Exchange has no responsibility or liability for the safety or performance of any product you list or sell using our Services, including any product subject to a recall. You are solely responsible for any non-conformity or defect in compliance with any public or private remembrance of any product you list or sell using our Services,
DOGE Exchange may publish and promote your listings, including related content such as username, product reviews, and feedback on the websites or in the applications, services, and tools of other DOGE Exchange Corporation. Corporate family members or cooperating third-party operators of websites, applications, services, and tools, and
Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references to them) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or additional credit to, sellers.
7. Purchase Conditions
When buying an item using our Services, you agree to when you bid on or buy an item, you agree to the rules we've put in place for our community. You can find out more details on these rules in the articles below.
You are responsible for reading the total item listing before making a bid or offer, buying, or committing to buy,
You enter into a legally binding contract to purchase an item when you buy the item, save to buy the item, your offer for the article is accepted, you have the winning bid for the item, or your request for the item is otherwise accepted, regardless of when payment is due or received,
For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller,
We do not transfer legal ownership of items from the seller to you,
8. International Buying and Selling; Translation
Given the nature of DOGE Exchange's global marketplace, listings may be viewed, purchased, and shipped to buyers worldwide. Many of our Services are accessible internationally. We offer programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and global 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.
Suppose you purchase an item on a DOGE Exchange site different from your registration site. In that case, you are subject to the User Agreement and applicable policies of that other DOGE Exchange site concerning that particular purchase, as detailed in the International selling policy.
For sellers, you agree that we may display your listing on a DOGE Exchange site other than the site where you listed your item for sale based on your shipping settings. You may adjust these settings as detailed in the International selling policy. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. Suppose you sell an article on a DOGE Exchange site different from your registration or listing site. In that case, you are subject to the User Agreement and applicable policies, including any buyer protection programs of that other DOGE Exchange site concerning that particular sale, as detailed in the International selling policy.
You authorize us to use automated tools to translate your DOGE Exchange content, including member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide tools that enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
One of the ways that we may make DOGE Exchange listings available to international buyers on DOGE Exchange. For eligible items located in the United States and purchased by an international buyer through the Global Shipping Program, you (as seller) will ship the item to a parcel processing facility in the United States after receiving notification of payment from the buyer. Pitney Bowes Inc., a third-party global shipping provider, will oversee the processing, customs clearance, and international shipment of the item on behalf of your international buyer. To the extent a buyer has a question about your global shipping listings, DOGE Exchange may respond directly to the buyer if the question pertains to the services overseen by Pitney Bowes Inc. (for example, customs or international shipping). Sellers pay no additional fees for selling through the Global Shipping Program.
Under a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, the buyer, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with Pitney Bowes Inc. acting as your buyer's forwarding agent. You remain liable for the accuracy of the information you provide about items and agree to provide timely responses to requests for additional information.
You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by DOGE Exchange to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. DOGE Exchange does not control the privacy policies of its affiliates or service providers, and you are subject to those parties’ privacy policies, as applicable.
Additional information about the program, including policies governing feedback, handling lost, damaged, and undeliverable items, returns, and resolving buyer protection claims for items you sell through the program, can be found by contacting us.
Another way that we make DOGE Exchange listings available to international buyers is through the DOGE Exchange International Shipping Program. It enables buyers to obtain parcel processing, international shipping, and customs clearance services. DOGE Exchange facilitates it through third-party service providers contracted to operationalize the program. By listing your item on DOGE Exchange, you agree to the Terms and Conditions.
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 Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion 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 DOGE Exchange, 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. 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. DOGE Exchange takes no responsibility and assumes no liability for any content you provide or any third party.
We offer product data (including images, descriptions, and specifications) provided by third parties (including DOGE Exchange users). You may use that content solely in your DOGE Exchange listings. DOGE Exchange may modify or revoke such permission at any time at 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 need to promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that DOGE Exchange is not responsible for examining or warranting the listings or content provided by third parties through our Services. You will not attempt to hold us or our data providers liable for inaccuracies.
The name "DOGE Exchange" and other DOGE Exchange marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of DOGE Exchange in the U.S. and other countries. They may not be used without the express written prior permission of DOGE Exchange.
10. Notice for Claims of Intellectual Property Violations and Copyright Infringement Under Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. DOGE Exchange's Verified Rights Owner ensures that items and content using our Services do not infringe upon third parties’ copyright, trademark, or other intellectual property rights. If you believe your intellectual property rights have been infringed, please notify our team, and we will investigate.
11. Holds and Restricted Funds
To protect DOGE Exchange from liability risk for your actions as a seller, DOGE Exchange Payments Entities may restrict access to your funds.
12. Authorization to Contact You; Recording Calls; Analyzing Message Content
DOGE Exchange may contact you using autodialed or prerecorded calls and text messages at any telephone number that you have provided us to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. DOGE Exchange may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions) if you consent to such communications. Our User Privacy Notice governs our collection, use, disclosure, retention, and protection of your personal information. As our User Privacy Notice describes, DOGE Exchange may collect other telephone numbers for you. It may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and include overage fees if you have exceeded your plan limits. You may change your marketing communications preference for calls anytime.
. You may also opt out of a specific text marketing campaign by replying "STOP" to such a text message.
Our User Privacy Notice states that DOGE Exchange may share your telephone number with its authorized service providers. These service providers may contact you using autodialed or prerecorded calls and text messages as authorized by DOGE Exchange to carry out the purposes mentioned above.
DOGE Exchange may, without further notice or warning and at its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with DOGE Exchange or its agents for quality control, training purposes, or protection.
DOGE Exchange's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of DOGE Exchange's User Agreement, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent or while in storage and may result in your note being delayed or withheld. DOGE Exchange may store message contents, including conducting this scanning and analysis.
Privacy of Others; Marketing
If DOGE Exchange provides you with information about another user, you agree you will use it only for the purposes offered to you. You may not disclose or distribute a user's information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them by applicable laws and only use DOGE Exchange Services.
13. Additional Terms
Returns and cancellations for sellers
Under certain circumstances, sellers can create rules to automate replacements, returns, and refunds. For all new sellers, DOGE Exchange will set a default rule that automates the return process in listings where returns are accepted. Sellers may remove or customize their return preferences in their account settings within My DOGE Exchange. Where settings have been set to accept requests for returns or replacements automatically, a DOGE Exchange-generated returns shipping label will be provided to your buyer. You agree to comply with our returns policy.
When an item is returned or a transaction is canceled after payment has been completed, DOGE Exchange may issue a refund to the buyer on the seller's behalf and charge the seller for the refund amount.
Additionally, DOGE Exchange may charge sellers for the cost of return shipping labels and other reasonable fees from sellers when:
A DOGE Exchange-generated return shipping label is used, and the seller is responsible for its price;
Returns have been automated;
The seller fails to send the buyer a return shipping label, and; instead, a DOGE Exchange-generated shipping label is used; and
The item is not as described in the listing and is returned by DOGE Exchange Money Back Guarantee or other applicable terms.
DOGE Exchange or DOGE Exchange Payment Entities may invoice sellers for these charges and collect such amounts.
All seller cancellations of orders must be by our Order cancellation policy.
Returns and cancellations for buyers
Buyers generally do not have the right to cancel an order. Buyers can request to cancel an order on DOGE Exchange within the period provided in our Order cancellation policy, and the seller will have three days to accept or decline the request. If the order cannot be canceled, buyers may still be permitted to return the item if the item is eligible for return.
In certain instances, a buyer may be responsible for the cost of return shipping for an item returned to a seller. Suppose the buyer is responsible for the return shipping costs. In that case, the buyer may use a DOGE Exchange-generated shipping label or purchase a shipping label directly from a carrier. By choosing to use a DOGE Exchange-generated shipping label, you (as a buyer) agree that DOGE Exchange may deduct the shipping label’s cost from the refund you owe.
DOGE Exchange Money Back Guarantee
Most DOGE Exchange sales go smoothly, but if there's a problem with a purchase covered by DOGE Exchange Money Back Guarantee, buyers can get their money back if an item didn't arrive, is faulty or damaged, or doesn't match the listing. You agree to comply with the policy and permit us to make a final decision on any DOGE Exchange Money Back Guarantee case.
If you (as seller) choose to reimburse a buyer or are required to return a buyer or DOGE Exchange under the DOGE Exchange Money Back Guarantee, DOGE Exchange or DOGE Exchange Payments Entities may invoice you in the amount of the reimbursement or collect the amount of the rebate from you as decided by DOGE Exchanged
. If we cannot get refund from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
We may suspend the DOGE Exchange Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy. You agree to make us complete for any losses, including expenses we incur to recoup such losses arising from your abuse of the DOGE Exchange Money Back Guarantee or any fraud you commit with the DOGE Exchange Money Back Guarantee.
14. Payment Services
Payments for goods and services sold using our Services are facilitated by designated DOGE Exchange entities (each a "DOGE Exchange Payment Entity") and affiliates by Dogecoin (DOGE), including the requirements to provide DOGE Exchange Payment Entities and affiliates information about you, your business, and the financial account you will use to receive payments.
If you are a buyer:
You may pay for items and services using the payment methods that the DOGE Exchange Payment Entities make available, and the DOGE Exchange Payment Entities will manage the settlement of the payment to sellers. When buying our Services, you authorize the DOGE Exchange Payment Entity to initiate payments using your selected payment method and collect the transaction amounts on behalf of the seller. Accordingly, payments received by the DOGE Exchange Payment Entity from you will satisfy your obligations to pay the seller in the number of payments received.
In certain instances, your transaction may be declined, frozen, or held for any reason, including for suspected fraud, Anti-Money Laundering ("AML") compliance, compliance with economic or trade sanctions in connection with DOGE Exchange's internal risk controls, or due to potential violations of any policy of DOGE Exchange or the DOGE Exchange Payment Entity, or a policy of one of the Payment Entity's third-party payment services providers.
DOGE Exchange, the DOGE Exchange Payment Entity, or its affiliates may save payment information, such as credit card or debit card numbers and card expiration dates, entered by you on our Services when you make a purchase, redeem a coupon or make any other transaction on our Services where card information is entered. Such stored payment information may be your default payment method for future transactions on our Services. You can update your card information or join the new card information, at which point the further card information shall be stored as your default payment method. You may change your default payment method through the Personal Information section under the Account tab in My DOGE Exchange. You are responsible for maintaining the accuracy of the information we have on file. You consent to DOGE Exchange updating such stored information from time to time based on information provided by you, your bank, or other payment service providers. You will only provide information about payment methods that you are authorized to use. By placing a payment method on file with us, you authorize DOGE Exchange Payment Entities to charge your payment method(s) for any amounts arising from your use of our Services, including charges to recover the proceeds of any fraud perpetrated by you or costs necessary to recoup amounts refunded to you in error.
You may seek returns or cancellations on our Services or file DOGE Exchange Money Back Guarantee claims on our Services. If you are entitled to a refund, the DOGE Exchange Payment Entities will issue the refund if the DOGE Exchange Payment Entities processed the original payment. Refund timing may vary by the rules of third parties, such as credit and debit card networks, and cryptocurrencies.
You agree to comply with and not cause a third party to violate all applicable laws, regulations, rules, and terms and conditions concerning using the services provided by DOGE Exchange Payment Entities and affiliates. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks, and payment service providers, may have their terms and conditions for the payment or settlement methods you choose to use in connection with managed payment transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties. You agree that the DOGE Exchange Payment Entity has no control over, or responsibility or liability for, such fees or actions.
15. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning correctly, but we cannot guarantee the continuous operation of or access to our Services. Bid updates and other notification functionality in DOGE Exchange's applications may not occur in real time. Such functionality is subject to delays beyond DOGE Exchange's control.
You agree that you are using our Services at your own risk and 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, in no event will DOGE Exchange (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages). All such damages or losses are expressly excluded by this agreement whether or not they were foreseeable, or DOGE Exchange was advised of such damages or losses. Without limiting the generality of the preceding, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable. You agree not to hold us responsible for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
the content you provide (directly or indirectly) using our Services;
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by DOGE Exchange;
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 DOGE Exchange Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action is taken concerning your account or breach of the Using DOGE Exchange 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 any third party is limited to the greater of (a) any amounts due under the DOGE Exchange Money Back Guarantee up to the price the item sold for on DOGE Exchange (including any applicable sales tax) and its original shipping costs, (b) the number of fees in dispute not to exceed the total fees, which you paid to us in the 12 months before the action giving rise to the liability, or (c) $100.
Suppose you have a dispute with one or more users. In that case, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your violation of any law or the rights of a third party.
18. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND DOGE Exchange HAVE AGAINST EACH OTHER ARE RESOLVED.
In this Legal Disputes section, the term "related third parties" includes your and DOGE Exchange’s respective affiliates, subsidiaries, parent companies, predecessors, successors, and assigns, as well as your, DOGE Exchange's, and these entities' respective employees and agents.
You and DOGE Exchange agree that any claim or dispute at law or equity that has arisen, or may arise, between you and DOGE Exchange (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of DOGE Exchange or its agents, or any products or services sold or purchased through the Services, will be resolved by the provisions outlined in this Legal Disputes section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Arizona, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and DOGE Exchange, except as otherwise stated in this User Agreement.
B. Agreement to Arbitrate
You and DOGE Exchange each agree that any disputes or claims that have arisen, or may arise, between you and DOGE Exchange (or any related third parties) that relate in any way to or arising out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of DOGE Exchange 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.
Alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act ("FAA"), and to the extent not inconsistent with the FAA, the laws of the State of Arizona, without regard to principles of conflict of laws, govern the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND DOGE EXCHANGE 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 DOGE EXCHANGE 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 NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CAN NOT AFFECT OTHER USERS. Suppose a court decides that applicable law precludes enforcement of this paragraph’s limitations as to a particular claim or request for a remedy (such as a request for injunctive relief). In that case, 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 (under Section 18. C below), subject to your and DOGE Exchange’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 minimal. However, an arbitrator can award the same damages and relief individually that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 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.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"),
. The Notice to DOGE Exchange must be sent to DOGE Exchange Corporation, Attn: Litigation Department, Re: Notice of Dispute. DOGE Exchange will send any Notice to you to the physical address we have on file associated with your DOGE Exchange account or you may contact us by email; 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 DOGE Exchange cannot resolve the claims described in a valid Notice within 30 days after DOGE Exchange receives that Notice, you or DOGE Exchange may initiate arbitration proceedings.
Suppose DOGE Exchange initiates an arbitration against you. In that case, it will send a copy of the completed form to the physical address we have on file associated with your DOGE Exchange account. Any settlement offer made by you or DOGE Exchange 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 Arizona, United States or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by submitting 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 DOGE Exchange may attend by telephone unless the arbitrator requires otherwise. The language of the arbitration will be English.
The arbitrator will decide the substance of all claims by 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 is bound by prior arbitrations involving the same DOGE Exchange 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 rules unless otherwise stated in this Agreement to Arbitrate. Suppose you comply with the Notice of Dispute procedures of Section 2 of this Agreement (“Arbitration Procedures”), and the value of the relief sought is $10,000 or less at your request. Any request for payment of fees by DOGE Exchange should be submitted by mail to the DOGE Exchange along with your Demand for Arbitration. DOGE Exchange will arrange to pay administration and arbitrator fees directly to the Headquarters. Suppose the arbitrator determines the claim(s) you assert in the arbitration to be frivolous. In that case, you agree to reimburse DOGE Exchange for all fees associated with the arbitration paid by DOGE Exchange on your behalf that you otherwise would be obligated to pay.
Severability Except any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
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 complete and mail or email that to us 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 DOGE Exchange 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 does not affect any previous, other, or future arbitration agreements 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 DOGE Exchange before 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 DOGE Exchange. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on DOGE Exchange at least 30 days before the effective date of the modifications and by providing notice through the DOGE Exchange Message Center and by email. If you do not agree to these amended terms, you may close your account within 30 days, and the amended terms will not bind you.
C. Judicial Forum for Legal Disputes
Suppose the Agreement to Arbitrate above is found not to apply to you or 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. In that case, you agree that any claim or dispute between you and DOGE Exchange will be resolved exclusively by a state or federal court in Arizona. You and DOGE Exchange agree to submit to the personal jurisdiction of Arizona courts to litigate all such claims, disputes, or matters.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act concerning a breach by you or others does not waive our right to bear concerning 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 anytime by posting the amended terms on DOGE Exchange. Our right to amend the User Agreement includes the right to modify, add to, or remove words in the User Agreement. We will provide you with 30 days' notice by posting the amended terms. We will also notify you through the DOGE Exchange Message Center and email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We 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 a DOGE Exchange representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
Without limiting DOGE Exchange's ability to refuse, modify, or terminate all or part of our Services, DOGE Exchange may 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 DOGE Exchange Service.
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 company to this User Agreement. Such an 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 understanding and agreement between you and DOGE Exchange 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.