Terms of Use
By using the Dawdle web site ("Dawdle"), a service of The Cono Project, Inc., you are agreeing to be bound by the following terms and conditions (the "Terms of Use" or the "Agreement").
General Terms
You must be eighteen (18) years and older to use this site. You are responsible for any activity that occurs under your account credentials.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, or intimidate other Dawdle users.
You cannot impersonate other individuals or companies, use profane language or pictures, or cause a reasonable person to imply an endorsement of another product or service in conjunction with your Dawdle account, username, storefront, or store name (if a professional user).
You may not use the Dawdle service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, nicknames, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post and cause to be displayed on the Dawdle service.
You must not modify, adapt or hack Dawdle.com or modify another website so as to falsely imply that it is associated with Dawdle.
You must not create or submit unwanted email to any Dawdle members ("Spam"), either through Dawdle or through other means.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of Dawdle, violate any laws in your jurisdiction.
Violation of any of these agreements will result in the termination of your Dawdle account. While Dawdle prohibits such conduct and content on its site, you understand and agree that Dawdle is a venue, and as such, is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Dawdle service at your own risk.
General Conditions
Dawdle reserves the right to modify or terminate the Dawdle service for any reason, without notice at any time.
Dawdle reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Dawdle will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at Dawdle's sole discretion, in good faith and using common sense and reasonable judgment.
Dawdle reserves the right to refuse service to anyone for any reason at any time.
Dawdle may, but has no obligation to, remove content ("content" includes, for example, items, item descriptions, usernames, storefront information, and information submitted in Dawdle blogs, forums, or the like) and accounts containing content that Dawdle determine in Dawdle's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, or other policy documents and community guidelines as posted on Dawdle.
The Dawdle service may make it possible to post images hosted on Dawdle to outside websites. This use may be accepted when and if such capabilities exist on the Dawdle site. However, pages on other websites which display images hosted on Dawdle must provide a link back to Dawdle from each photo to its photo page on Dawdle.
Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, emoticons, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
By uploading images and item description content to Dawdle, you agree to allow other Dawdle users to view them and you agree to allow Dawdle to display the images and content on Dawdle (for example, on product pages, on Dawdle's Homepage, and in any written or published materials) and store the images, item description, profile and other content.
DAWDLE, and other Dawdle graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of The Cono Project, Inc. in the U.S. and/or other countries. Dawdle's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, and other policy documents and community guidelines as posted on Dawdle before you may become a member of Dawdle. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.
Dawdle may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on Dawdle. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on October 1, 2007 for all users.
Membership Eligibility
Dawdle's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Dawdle's services are not available to children (persons under the age of 18) or to Dawdle members that are temporarily or indefinitely suspended. If you do not qualify, please do not use Dawdle. Further, your Dawdle account (including feedback and transaction history) may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Fees and Services
Joining Dawdle is free. Dawdle charges fees for listing items for sale and through final value fees for items sold through Dawdle. When you list an item you agree to accept the fees that you will be charged under your account parameters. Dawdle charges no fee to list an item and 11.99 percent of an item's selling value, including shipping, as a Final value fee. The fees for Dawdle's services are subject to change without prior notice at any time. However, Dawdle may choose to temporarily change the fee policy and the fees for Dawdle's services for promotional events (for example, free listing days) and such changes are effective when Dawdle posts the temporary promotional event on Dawdle. Dawdle may, at Dawdle's sole discretion, change some or all of Dawdle's services at any time. In the event Dawdle introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using Dawdle's service and Dawdle and all applicable taxes.
Dawdle is a Venue
Dawdle is not a retailer. Although Dawdle is commonly referred to as an online marketplace, it is important to realize that Dawdle is not a traditional "retailer." Instead, Dawdle acts as a venue to allow an individual to offer, sell, and buy certain goods supported by the Dawdle database. Dawdle is not involved in the actual transaction between buyers and sellers. As a result, Dawdle has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Dawdle cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Dawdle does not transfer legal ownership of items from the seller to the buyer.
Identity Verification
Dawdle uses many techniques to verify the accuracy of the information Dawdle's users provide to Dawdle when they register on Dawdle. Upon registration, users are required to submit truthful personal information (or corporate information, as may be appropriate). In addition, registered users may submit links to external websites and services that uniquely identify themselves. However, because user verification on the Internet is difficult, Dawdle cannot and does not confirm each user's purported identity. Thus, Dawdle has established a user-initiated feedback system to help you evaluate potential groups, individuals, or corporations with whom the Dawdle platform may match your bid with. Users are strongly encouraged to consider minimum Seller Ratings when making a binding bid for an item.
Release
Because Dawdle is a venue, in the event that you have a dispute with one or more users, you release Dawdle (and Dawdle's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Control
Dawdle does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using Dawdle. Please note that there are also risks of dealing with people acting under false pretense. By using Dawdle, you agree to accept such risks and that Dawdle (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Dawdle.
Buying
A buyer submits a bid for an item of a certain condition and certain minimum levels of seller rating only. A buyer may not select the individual seller from whom to make a purchase. A submitted bid is binding, and the Dawdle system is expressly authorized to charge the buyer's credit card upon a match between buyer and seller.
Billing
Dawdle uses credit card information for identity verification. Dawdle will, upon first use, attempt to authorize a valid credit card for the amount of one dollar ($1.00). Dawdle will not collect any fees for listing and the issuing bank for the credit card will release the held funds from the authorization in a period of seven to 30 days, according to the issuing bank's policy. Dawdle will deduct any commission fee from the buyer payment made for the item sold. If necessary, Dawdle may recover fees and chargeback amounts from a seller's credit card at its sole discretion. Any recovery of fees shall be limited to the actual fees charged to Dawdle.
Listing and Selling
Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must accurately and honestly pick the condition of your item. If no condition perfectly matches the condition of the item you have for sale, you must select the condition that minimally describes your item. The condition of your item may exceed the condition selected on Dawdle; however, the condition selected on Dawdle shall not exceed the condition of the item you have for sale. Each unique item must have its own listing.
Shipping: All items listed for sale on Dawdle are to be shipped accordingly with the shipping policies set for that item. All shipments of goods sold through Dawdle must be shipped via the United States Postal Service ("USPS"). Failure to ship items via USPS shall be considered a breach of this Agreement and may lead to the suspension or termination of your account. Any fraudulent goods or fraudulent activities involving Dawdle transactions will be referred to the United States Postal Inspection Service ("USPIS") for investigation and prosecution, if applicable. Dawdle is committed to eliminating fraud online, and will assist with and participate in any investigation or enforcement activities required by the USPIS or other governmental agencies.
Binding Sale: All sales are binding. If you, as a seller, receive a notification that an item you have listed has sold, you are obligated to ship the item to the buyer within 72 hours. No allowance shall be made for weekends, holidays, or other forseeable dates for which the U.S Postal Service may not provide services.
Termination: Without limiting any other remedies, Dawdle, without notice, may suspend or terminate your account if Dawdle suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Dawdle's policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Dawdle.
Prohibited, Questionable and Infringing Items
Definition: "Your Information" is defined as any information you provide to Dawdle or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and Dawdle acts as a passive conduit for your online distribution and publication of Your Information.
"Your Activities" include, for example, listing items, bidding on items, posting comments in any public message area (including blogs, forums, or the like), and email, both through the Dawdle system and/or through a third party service.
Restricted Activities: Your Activities which results in Your Information (or any items listed) on Dawdle shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items; "backup copies," modded consoles (the modification of a console, handheld, accessory, or other hardware item using electronics not installed by the manufacturer or the manufacturer's authorized representative), or any other infringing item are expressly prohibited on Dawdle;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography in any posting, e-mail, or other communication you make on Dawdle's site or in relation to transactions or business pertaining to Dawdle activities via a third party;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on Dawdle or you do not have a right to link to or include.
Furthermore, you may not list any item on Dawdle (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
License: Solely to enable Dawdle to use the information you supply us with, so that Dawdle is not violating any rights you might have in that Your Information, you agree to grant Dawdle a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Dawdle will only use Your Information in accordance with Dawdle's Privacy Policy.
Access and Interference
Dawdle may contain robot exclusion headers. Much of the information on Dawdle is updated on a real time basis and is proprietary or is licensed to Dawdle by Dawdle's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Dawdle for any purpose without our prior express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Dawdle and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Dawdle.
Feedback
Integrity: You may not take any actions that may undermine the integrity of the feedback system. Dawdle may, without prior notice, limit the number of purchases and listings, which you may place on Dawdle based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.
Export: You acknowledge that your feedback consists of a composite feedback rating compiled by Dawdle based on user feedback, account status, identifying information, and other factors necessary by Dawdle. Further, you acknowledge that the composite rating, as represented either graphically or numerically, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Dawdle users, you agree that you shall not market or export your Dawdle feedback rating in any venue other than a Dawdle-operated website.
Import: Dawdle does not provide you with the technical ability to import feedback from other (non-Dawdle operated) websites to Dawdle because a composite figure, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies available, Dawdle may, without prior notice, limit your activity, immediately remove your item listings, warn Dawdle's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(a) you breach this Agreement, the Privacy Policy, or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) Dawdle is unable to verify or authenticate any portion of Your Information; or
(c) Dawdle believes that your actions may cause financial loss or legal liability for you, Dawdle's users or Dawdle.
Privacy
Dawdle does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Dawdle only uses your information as described in the Privacy Policy. Dawdle views protection of users' privacy as a very important community principle. Dawdle understands clearly that you and Your Information is one of Dawdle's most important assets. Dawdle stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use Dawdle's services.
No Warranty
DAWDLE, DAWDLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND DAWDLE'S SUPPLIERS PROVIDE DAWDLE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. DAWDLE, DAWDLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND DAWDLE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit
IN NO EVENT SHALL DAWDLE, AND (AS APPLICABLE) DAWDLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR DAWDLE'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
DAWDLE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF DAWDLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO DAWDLE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD DAWDLE AND (AS APPLICABLE) DAWDLE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency
You and Dawdle are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Dawdle Attn: Privacy and Legal; 123 N. Jefferson St., Ste. 4F; Chicago, IL 60661 (in the case of Dawdle) or to the email address you provide to Dawdle during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Dawdle may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Dawdle during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Resolution of Disputes
Dawdle's goal is to make it easier for users to buy and sell online. In the event a dispute arises between you and another user, please resolve the issue amongst yourselves. As Dawdle does not carry inventory or make shipments, each party in a transaction is authorized to resolve issues; specifically, agreed-upon remedies may occur off the Dawdle platform. You may wish to engage a certified mediation or arbitration entity to assist you in resolving a dispute.
If you cannot resolve an issue with a counterparty, please wait 10 days before contacting Dawdle. You must contact Dawdle through the appropriate selection on the "Contact Us" page for Dawdle to review a dispute. Dawdle aims to work quickly towards a solution, but cannot guarantee that any efforts will be successful. In the event that Dawdle makes a determination to resolve a dispute, such determination shall be binding and final. Dawdle does not wish to arbitrate disputes and encourages distressed parties to engage a certified mediation or arbitration entity to assist you in resolving a dispute.
We encourage you to report any fraudulent transactions to your local law enforcement, the United States Postal Inspection Service ("USPIS"). They're good people.
If a dispute arises between you and Dawdle, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Dawdle agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the help pages and going through the process specified for your situation.
Law and Forum for Disputes with Dawdle: This Agreement shall be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against eBay must be resolved by a court located in Cook County, Illinois, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes.
Improperly Filed Claims: All claims you bring against Dawdle must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Dawdle may recover attorneys' fees and costs up to $1000, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Disputes between you and Dawdle regarding Dawdle's services shall be reported to Customer Support via postal mail to Dawdle Attn: Customer Support; 123 N. Jefferson St., Ste. 4F; Chicago, IL 60661.
Disclosures
The services hereunder are offered by The Cono Project Inc., located at 123 N. Jefferson St., Ste. 4F, Chicago, IL 60661. (312) 533-4810
