Seller Terms

Terms for sellers on Labquote.

Last modified: September 17, 2024

  • Acceptance of the Seller Terms of Use

    • These Seller Terms of Use govern and apply to all users that register with our Services as sellers, and who respond to listings with products or services they can sell (the “Sellers”). Sellers will be offering their products or services to other users that register with our Services as buyers, and who post listings of products or services they are interested in purchasing (the “Buyers”). Please read these Seller Terms of Use, as well as our `Bidding Terms` and `Privacy Policy` before creating or registering any Seller account, or bidding on any listings for products or services through our Services. By creating a Seller account, bidding on any listings for products or services through our Services, you acknowledge that you have read the following Seller Terms of Use, and all other terms referenced herein, that you understand them, and agree to be bound and abide by them.
    • Changes to Services: We may revise and update these Bidding Terms from time to time in our sole discretion and without prior notice. Any changes to these Bidding Terms will be in effect as of the “Last Modified” date referenced above and on the Services.

  • Seller Requirements & Customers

    • Seller Requirements: Sellers must maintain available inventory for all products that they offer through our Services, and have the right to offer and sell such products to Buyers. Further, Sellers must maintain all licenses required to provide any services they offer through our Services, and be duly authorized to provide such services and to Buyers. By creating an account or using the Services as a Seller, each Seller represents and warrants that: (a) they own or control all rights to their Use Contributions; (b) they own, or have a duly executed license by the owner of, and the right to offer and sell, any products or services they post, offer, display or transmit through the Services; (c) their products and services will not infringe or violate any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity; and (d) they maintain available inventory for any products they offer, are duly licensed and authorized to provide any services they offer.
    • If you do not meet these requirements, you must not access or use the Services as a Seller. If your product inventory becomes unavailable or your right to sell such inventor becomes invalid for any reason, or if your license, right or availability to provide any services becomes invalid for any reason, you must immediately withdraw any applicable bids, and must not respond to any other listings until the issues have been corrected. If you use the Services as a Seller and do not meet these requirements, you shall be solely responsible for your uses of the Services, and you shall indemnify us against any losses, claims or damages that may result.
    • Customers: If you are a Seller that is awarded the winning bid by a Buyer, our Services will connect you and the Buyer so that you may coordinate the next steps of the purchase and sale. Once you are in contact with a Buyer, that Buyer shall be deemed to be your customer only, and shall not be a customer of our Company for any purpose. Accordingly, such customers shall be subject to and bound only by your customer policies, including but not limited to your website or mobile application terms of use and privacy policy, terms of sale, payment policies, and all other written policies of any kind that you may have.
    • Payment: You are solely responsible for collecting payment from the Buyer, in connection with any products or services you are selling to the Buyer. Such payment transactions are not conducted through our site in any way.
    • Third-Party Sellers: You acknowledge and understand that ALL SERVICES OR PRODUCTS YOU OFFER ON OR THROUGH OUR WEBSITE OR APP ARE OFFERED AND SOLD BY YOU DIRECTLY TO THE BUYERS. We are not responsible or liable to you, or any third party, for the products, services, content or materials provided or offered by you. Your policies for payments, scheduling, cancellations, refunds or otherwise, shall be governed by your terms and conditions, and must be conducted directly between you and the Buyer. Buyers are instructed to contact you about any payment, scheduling, cancellation or refund of any products or services purchased from you. You should include clear contact information on your user profile page.

  • Independent Contractor Relationship

    • Relationship: You understand and acknowledge that your relationship with our Company, if any, shall at all times be that of an independent contracting parties. These Terms shall not be construed to create any partnership, joint venture, employment, agency or any other relationship, between Company and you for any purpose. Except as expressly stated herein, you shall have authority (and shall not hold yourself out as having authority) to bind our Company, and shall not make any agreements or representations on our behalf without our prior written consent. You will not be eligible to participate in any vacation, medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits that we may offer to our employees. We will not be responsible for withholding or paying any income, payroll, or other federal, state or local taxes, making any insurance contributions, or obtaining worker’s compensation insurance on your behalf. Any persons employed or engaged by you in connection with the use of our Services, shall be your employees or contractors and you shall be fully responsible for them and for any claims made by or on behalf of them.
    • Disclaimers: You expressly acknowledge the following: (a) We make no representations or warranties in regard to the success of the Services, and cannot and do not guarantee any specific number of transactions or revenues, if any, or any other specific results; (b) We have no control over customer behavior, or whether they purchase or use any of your products or services; (c) We are not responsible or liable in any way for any of your business operations, customers, products, services, or for any cancelled or returned purchases; (d) We provide our Services to all eligible users, some of which may be competitive to you.

  • Intellectual Property Right & Ownership

    • Intellectual Property Rights: You hereby represent and warrant that all of the materials you post on or through our Website or App (including but not limited to all information, text, products, services, offerings, displays, documents, images, illustrations, photographs, graphics, domains, logos, slogans, video, audio, and the design, selection and arrangement thereof), are owned by you, that you own all Intellectual Property rights in an to such materials, or have a duly executed license from the owner of such Intellectual Property Rights, and have all rights and authority to post such materials.
    • Ownership: You hereby represent and warrant that your business name, and all related names, logos, product and service names, designs and slogans (“Seller Trademarks”) that you post on or through our Website, are your own trademarks, and that you have all rights and authority to use such Seller Trademarks.

  • Indemnification

    • You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable costs and attorneys’ fees) arising out of or relating to: (a) your business operations, premises, personnel, products and services; (b) any injuries or other damages to any person or entity, caused by you, directly or indirectly; (c) any defective product or service that you provide to a Buyer; (d) any negligent act or omission, or other wrongful act, by you; and (e) any breach of any term or condition in these Terms, by you.

  • Your Questions & Comments

    • We always welcome feedback you may have about our products and services. All feedback, comments, requests for technical support and other communications relating to the Terms or our Services, should be sent to: info@labquote.ai. These Services are operated by LABQUOTE, LLC, a California limited liability company.