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Welcome to Elergix.com. Crafrik LLC and/or its affiliates (“Crafrik LLC”) provide website features and other products and services to you when you visit or shop at Elergix.com, use Elergix products or services, use Elergix.com applications for mobile, or use software provided by Crafrik LLC in connection with any of the foregoing (collectively, “Elergix.com and Crafrik LLC Services”). By using the Elergix.com Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
Please read these conditions carefully.
We offer a wide range of Elergix.com products and Services, and sometimes additional terms may apply. When you use Elergix.com and products and Service (for example, Your Profile, Gift Cards, Elergix.com Video, Your Media Library, Elergix.com devices and, or Elergix.com applications) you also will be subject to the guidelines, terms and agreements applicable to that Elergix.com Products and Services (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
ELECTRONIC COMMUNICATIONS
When you use Elergix.com Products and Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Elergix.com Products and Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Elergix.com Products and Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Elergix.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Elergix.com Products and Service is the exclusive property of Ekergix.com and (CRAFRIK LL) and protected by U.S. and international copyright laws.
1. Accepting These Terms
This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).
The Terms are a legally binding contract between you and Elegix.com and (Crafrik LLC). If you live in North America or South America, the contract is between you and Elergix.com, and Crafrik LLC.; if you live elsewhere, the contract is between you and Elergix.com Ireland UC, a subsidiary of Elergix.com, and (Crafrik LLC). We’ll just refer to Elergix.com. and all of its subsidiaries collectively as “Elergix.”
If you are a buyer on Elergix.com, the Elergix entity acting as merchant of record may vary depending on the currency and location of your payment instrument. The merchant of record is Elergix.com and Crafrik LLC. (US);
Please note that it contains an arbitration clause and class action waiver, applicable to users in North and South America, and explains how to opt out of arbitration. Unless you validly opt out, you agree to resolve any disputes with Elergix exclusively through binding individual arbitration, with only limited exceptions. This means you and Elegix are waiving the right to sue in court, have a trial by jury, or participate in a class or representative action. Please read this Section carefully, as it affects your rights.
This contract sets out your rights and responsibilities when you use Elergix.com, Pattern by Elergix.com, our mobile apps, and the other services provided by Elergix.com (we’ll refer to all of these collectively as our Products “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites or apps), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, read on!
2. Those Other Documents We Mentioned
Elergix.com, Products and Services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our House Rules for Everyone. If you use any of our Services, you agree to these Terms, or visit our” privacy policy section.
2. Eligibility and Your Elergix Account
This section describes who is eligible to use the Service and your responsibilities to protect your Account password and provide us with accurate information.
a. Minors Must Have Permission to Use the Service
You may not use the Service if you are under the age of 13. If you are at least 13 but under the age of 18, you may only use the Service with permission of your parent or guardian as described in our.
Minors Policy
For the purposes of this policy, our Terms of Service, and any other Elergix.com and (Crafrik LLC) policies, any individual over the age of 13 and under the age of 18 (or for Canadian residents, under the age of majority of their province or territory) is considered a “Minor.” Individuals under the age of 13 are not allowed to use Elergix.com or any of its services. If Elergix.com becomes aware of a User under the age of 13, we will permanently delete their account.
Minors may only use Elergix’s services and products, if they have appropriate permission and supervision from their parent or legal guardian. Elergix.com may request additional information to verify such permission and the identity of a parent or legal guardian, including for the purpose of security and fraud prevention.
Parents or legal guardians are responsible for any and all activity conducted on a Minor’s account.
Minors should have their legal name listed on any financial account used for buying and selling, or if using that of a parent or legal guardian, minors should be listed as an authorized user.
Please note, some features, such as Elergix.com Shows, may not be available to Users under the age of 18, even with parent or legal guardian permission (which is incorporated by reference into this Agreement).
b. Provide Accurate Information
You need to create an account with Elergix.com to access and/or use certain features of the Service (“Account”). If you are creating an Account for a legal entity, then you represent and warrant that you have the authority to create such an Account on behalf of the business entity. You must provide accurate information about your identity and must not provide any false information or impersonate another person or company through your Account. Elergix.com reserves the right to verify the account information you provide (“Account Information”). Upon Elergix’s request, you will promptly provide requested verification documentation, including identification documents, proof of address, or business information. The name on your Account will be considered the Account owner. If you do not provide the information requested or if you provide inaccurate information, Elergix.com and Crafrik LLC may, in its sole discretion, terminate your Account.
c. Protect Your Password
You are responsible for maintaining the confidentiality of your password and Account. You will immediately notify us of any suspected unauthorized use of your Account or any other suspected breach of Account security.
d. Your Responsibility for Your Account
You are solely responsible for any activity on your Account. If you are a Minor (as defined in our Minor’s Policy and sharing the Account with a parent or guardian, then both you and the parent or guardian granting permission on the Account will be responsible for any activity on the Account.
e. Account Transfers
You cannot transfer or assign your Account to a third party without prior written consent from Elergix.com. Elergix.com may require additional information from you regarding the requested transfer or assignment. You cannot otherwise transfer, sell, or dispose of your Account under any circumstances.
3. Your Privacy
For information about how we collect, use, share, and otherwise process information about you, visit our privacy policy section.
4. Your Use of the Service
You may only use the Service if you comply with the law and this Agreement. If you do not comply, then we can take certain actions, including termination of your Account or other legal or investigatory action.
a. Your Use of the Service and Interactions with Other Users
By using the Service, you may interact with other Users. You release us from all liability relating to your interactions with other Users. When interacting with other Users, you assume all the risks of your interactions. You will be solely responsible and liable for your use of the Service, including buying, selling, transacting, and communicating on the Service. All forms of interaction must follow our, please read through our Community Guidelines:
(Which are incorporated by reference into this Agreement).
*Elergix’s mission is to put people at the heart of commerce, empowering everyone to thrive. Our community is based on trust and respect, and we think it’s something special, so we’ve established our Community Guidelines (“Guidelines”) as part of our terms of service to ensure Elergix.com can be a safe and trustworthy place to buy and sell together.
Whether you come to Elergix to browse, buy, or sell, our Community Guidelines apply to all Elergix and all of the ways we connect, including Listings, Comments, Conversations, Images, Videos, Elergix parties, Elergix story and Elergix show (where applicable). See our Elergix Show rules, visit the rules on our policies We also have policies specifically for buyer:
Buyer Policy
As a Buyer, you will be solely responsible for reviewing the item description before making an offer, bidding, and/or purchasing. Buyers who purchase “mystery” listings do so at their own risk. The contract to purchase will be between you and the Seller and not between you and Elergix.com.
Except for items marked as eligible for Authenticate or otherwise marked directly in the listing, Elergix.com does not physically evaluate items listed for sale and is not responsible for any item flaws or description inaccuracies. In the event of an issue with a purchase, such as an item not as described, please inform us within 5 days of delivery of the item to qualify for a refund evaluation under our :
Elergix Protection
You are protected every time you make a purchase on Elegix.com.
We will give you a full refund if your item never ships or does not match the listing description. Otherwise, all sales are final. The policies and systems we have in place to protect you are called Elergix.com Protect.
Refund Policy
When you make a purchase on Elergix.com, we don’t release payment to the seller until you tell us you’ve received your order as described. You have 5 days after delivery to inform us if the item has been misrepresented by reporting the problem in the Elergix.com app or website with supporting photos. If we verify your claim, we’ll or the seller would be responsible to send you a label to return the order to the seller and refund your payment. All returns must be shipped back within 7 days of approval to be eligible for a refund.
What is covered
If any of the following pertain to your order, please report the problem in the Elergix app or website immediately:
Undisclosed damage
Incorrect or missing item
Item not as described
Item is not authentic
If no claim is made within 5 days of delivery, payment will be automatically released to the seller. Once payment has been released, all sales are final and no refunds will be provided.
What is not covered
Item does not fit / changed mind
If the item is just not your style or does not fit you, we unfortunately cannot accept a return. You can always re-list the item on Elergix.com!
Trades and Offline Transactions
Elergix Protect does not cover trades or transactions completed off of the Elergix.com platform. When payment for the full value of items is not exchanged through the Elergix.com platform, we cannot guarantee that both parties will ship and transact as promised. You bear all risks associated with any such transactions:
Seller Policy
As a Seller, you are central to providing each of your Buyers with a safe and trustworthy experience on Elergix.com. This policy is designed to outline a Seller’s rights and responsibilities and is a part of Elergix’s Terms of Service.
Sellers are responsible for reviewing and abiding by these rules as well as any applicable local laws. Violating this policy may result in restrictions to your account, up to and including termination, and may be made at the sole discretion of Elergix.com.
Seller Fees
It’s always free to list an item for sale on Elergix.com.
After your item sells, we deduct applicable fees from the final order price before we remit your earnings to you. Please see our:
Fee Policy
This Fee Policy describes the fees that Elergix.com will charge for purchases and sales you may complete through the Service and for certain other Services Elergix.com may provide.
Seller Fees
It’s always free to list an item for sale on Elergix.com.
For Sellers, after your item sells, we deduct applicable fees from the final order price before we remit your earnings to you. The fee deducted will consist of a fixed component and a variable component, as set forth below:
Variable Component: 4.99% applied on the sum of the Item (or bundle) sale price, shipping costs, and applicable taxes and other governmental charges, and
Fixed Component: $1, $2, or $3 based on the Item (or bundle) sale price as follows:
For sale prices under $15, the fixed component amount is $1
For sale prices from $15 to $49.99, the fixed component amount is $2
For sale prices of $50 or more, the fixed component amount is $3
Please note, estimated earnings are displayed during listing creation and actual earnings will vary based on the final order price, seller discounts, fees paid, and any other applicable taxes and discounts
for a detailed description of the applicable fees that Sellers pay on Elergix.com.
Please note, estimated earnings are displayed during listing creation and actual earnings will vary based on the final order price, Seller discounts, fees paid, and any other applicable taxes and discounts.
What you get:
Seller Benefits
Sell it
One-click listing with Reposh and copy listing features.
Livestreaming with Elergix.com Shows brings your closet to life and connects you to your customers in real-time.
Pricing tools allow you to easily set and negotiate your price with customers.
Closet management tools like My Closet Insights and Bulk Actions help you proactively manage your listings.
Customer relationship management with My Shoppers enables you to engage and close customer leads.
External advertising costs on third party platforms.
Customer support for every sale.
Ship it
Free shipping labels sent straight to your inbox by seller or elergix.com, our frictionless buyer-paid flat rate shipping program.*
Printerless shipping is also available using shipping QR codes—scan your code at any USPS location.
Get paid
Fast and flexible payout options like Direct Deposit, ACH, Instant Transfer, Paypal, and Venmo.
*Please note, exclusions may apply for overweight and multi-label shipments. For more details, please visit our shipping policy section.
What Can Be Sold On Elergix.com
Elergix’s marketplace welcomes the sale of most types of new products or pre-owned, as well as select home goods, pet items, and electronics with certain restrictions within some categories. Please note that not all categories or types of items may be available in your location.
For the safety of our Users, items outside of our supported categories and otherwise prohibited or unlawful items may not be offered for sale on Elergix.com. Please review the Prohibited Items Policy to be sure you know what items can’t be listed or sold.
What can I find in the Home Market?
The Home Market includes the following supported categories and subcategories:
Accents
Art
Bath
Bedding
Design
Dining
Games
Holiday
Kitchen
Office
Party Supplies
Storage & Organization
Wall Decor
Accents
Accent Pillows
Baskets & Bins
Candles & Holders
Coffee Table Books
Curtains & Drapes
Decor
Door Mats
Faux Florals
Furniture Covers
Lanterns
Picture Frames
Vases
Art
Ceramics
Drawing & Illustrations
Fiber Arts
Glass Art
Mixed Media
Painting
Photography
Posters
Prints Sculpture
Bath
Bath Accessories
Bath Storage
Bath Towels
Beach Towels
Hand Towels
Mats
Shower Curtains
Vanity Mirrors
Vanity Trays
Wash Cloths
Bedding
Blankets & Throws
Comforters
Duvet Covers
Mattress Covers
Pillows
Quilts
Sheets
Design
Birthday Cards
Business Cards
Planners
Stamps
Stickers
Thank You Cards
Dining
Bar Accessories
Dinnerware
Drinkware
Flatware
Mugs
Serveware
Serving Utensils
Table Linens
Water Bottles & Thermoses
Games
Board Games
Card Games
Puzzles
Outdoor Games
Holiday
Garland
Holiday Blankets & Throws
Holiday Decor
Holiday Pillows
Ornaments
String Lights
Wreaths
Kitchen
Bakeware
BBQ & Grilling
Coffee & Tea Accessories
Cookbooks
Cooking Utensils
Cookware
Food Storage
Kitchen Linens
Kitchen Tools
Knives & Cutlery
Office
Arts & Crafts
Binders & Folders
Calendars
Labels & Label Makers
Notebooks & Journals
Pencil Cases
Planners
Shipping Supplies
Stationery
Party Supplies
Cake Candles
Cake Toppers
Cards & Invitations
Decorations
Favors
Gift Wrap
Hats
Party Lights
Disposable Tableware
Storage & Organization
Closet Accessories
Drawer Liners
Garment Bags
Jewelry Organizers
Makeup Organizers
Storage
Wall Decor
Art & Decals
Clocks
Display Shelves
Hooks
Mirrors
Tapestries
Wallpaper
Listing Descriptions and Pricing
Sellers are responsible for describing items truthfully, accurately, and completely. This includes creating informative listing descriptions that include your original photos of the items and details such as any flaws or unique features and, when using automated listing features such as Smart List AI, reviewing the generated listing descriptions and details for accuracy and completeness. The item for sale should be clearly represented in the main photo. Avoid any photo editing techniques that may make it difficult for Buyers to accurately assess the condition of the item, such as collages or heavy special effects.
Sellers must have possession of, and ship, the actual item described in the listing. Sellers may not list a promise for a future item, or ship a “placeholder” note or item indicating the actual listed item will arrive at a future date.
Sellers must promptly answer questions and requests for additional information. Please note that images as well as descriptions provided in comments and during Elergix.com Shows (where applicable) may be reviewed and considered by Elergix.com staff in the event of a dispute.
Sellers may price items as desired, but
Elergix’s policy on price gouging
Price gouging occurs when a seller increases the price of items to a level much higher than what is considered reasonable or fair. This activity is strictly prohibited on Elergix.com for essential items. Sellers listing such essential items must offer them at reasonable prices and are prohibited from unreasonably profiting from increased demand or disrupted supply caused by emergencies or disasters.
Please note that all sellers must follow all applicable laws and regulations that apply to the sale of their items. Sellers who violate this policy may be subject to listing removal and/or account suspension.
is strictly prohibited. Elergix.com encourages Sellers to view similar items, whenever possible, to determine a realistic listing price likely to result in a sale. Once a Buyer accepts a listed price, a binding transaction exists and Sellers are required to provide the item(s) to a Buyer at that price. Sellers must also fulfill any and all additional requirements as detailed in this Seller Policy and our Terms. Once you accept a Buyer’s offer, a binding transaction also exists.
Please review the requirements and details regarding
Order Fulfillment
Once a Buyer accepts your offer, you accept a Buyer’s offer, or an auction is successfully completed, you must fulfill the sale. Sellers must use Elergix’s provided shipping labels when fulfilling orders. If an item appears to violate Elergix’s, please visit our community guidelines section or Prohibited Items Policy, you may report the listing.
Purchases
Once a Buyer selects the Buy Now option for a listing or a Buyer makes an offer to purchase items that is accepted by the Seller, it will be considered a purchase and a binding contract between the Buyer and Seller. Upon purchasing an item, a Buyer must remit payment to Elergix.com for the Item, including any listed shipping or additional fees (Please visit our buyer protection section) and applicable taxes and other governmental charges. Elergix.com is not an auctioneer, a Seller or a shipping carrier.
Elergix.com reserves the right to delay or cancel any purchase for Trust and Safety purposes, including but not limited to suspected fraud and to protect Users from illegal or otherwise prohibited activities.
All purchases are final with no returns, refunds, cancellations, or retractions allowed, except where:
The Buyer cancels an order within three (7) hours of purchase; or
The purchase has been canceled when explicitly permitted by Elergix.com or if applicable, a Seller; or
The listing expressly indicates the availability of returns.
Upon delivery, Buyers should promptly inspect:
What should I do when I receive my order?
Once your order is delivered, carefully look it over to ensure no issues.
If your order is as described
If everything is okay with your order, accept the order so that we can release your payment to the seller.
To accept your order:
Go to My Purchases.
Select the order you purchased.
Select Accept to release the funds.
If your order is not as described
Please notify us within 3 days of delivery by opening a case with us through your account.
To file a return:
In the app
Select your Account Tab (@username).
Go to My Purchases.
Select your order.
Select Problems/Order Inquiry.
Select Order Not as Described and follow the prompt.
On the web
Select your profile picture at the top-right of the page.
Select My Purchases.
Select your order.
Select Problems/Order Inquiry.
Select Orders Not as Described and follow the prompt.
You will be asked to add a few photos of the problem area(s) as proof and enter a description of the problem. To ensure that your case is resolved quickly, we kindly ask that the photos you submit clearly show the area(s) that are not as described in the listing.
Elergix.com will automatically release payment to the seller if the order is not marked as received or a return request is not filed within 5 days after delivery.
Once the funds are released to the seller, all sales are final and no refunds will be provided
and accept the order in order to release payment to the Seller. Orders will be accepted automatically after three full days have passed unless the Buyer requests a return by reporting the issue within the Service.
In the event of a dispute, Buyers approved to return an item:
Can I return a purchase on my own?
Please do not return any order outside of our returns process. In order to qualify for a refund, you will need to file a return request.
To file a return:
In the app
Select your Account Tab (@username)
Select My Purchases
Select your order
Select Problems/Order Inquiry
Select Order Not as Described
Select a reason for the return
Add images that clearly depict the reason for the return and include a description of the return
Select Submit
On the web
Select your profile picture at the top-right of the page
Select My Purchases
Select your order
Scroll down to select Problems/Order Inquiry
From the drop-down menu, select Order not as Described
Upload images that clearly depict the reason for the return and include a description of the return
Note: Our system does not support HEIC files. We kindly ask that images are uploaded as JPG files.
Select Submit
Once a return request is submitted, Elergix.com works with you and the seller to facilitate the return.
If your return request is approved, we or seller send you a prepaid return label to send back the order. When the seller receives the return, we will refund you the full amount you paid; this includes shipping and taxes that were charged for the purchase.
Please do not accept this order on the order page until we have advised you with how to proceed. Once the funds are released to the seller, we are unable to reverse it and honor a return.
Emailing support about an issue does not qualify as opening a return case. The steps above must be followed in order for a case to be opened and to ensure that your funds are not automatically released to the seller.
Returns must be filed within 5 days of delivery of the order.
may only do so with the prepaid shipping label provided by Elergix.com. Buyers who make unauthorized returns are not eligible for a refund through Elergix.com.
Payments
Buyers may pay for items only by using payment methods approved by Elergix.com, and Elergix.com will receive such payment from the Buyer on behalf of the Seller. By submitting payment information to Elergix.com, you authorize Elergix.com to store that information and with your confirmation, charge you for any items purchased. A transaction that begins on Elergix.com may not be completed off of Elergix.com.
Buyer Fees and Costs
Certain fees and costs apply when you make a purchase on Elergix.com. Please visit our Fee Policy section, for more information about applicable fees and costs, including Elergix.com, visit our Buyer Protection Fee section.
Buyers are responsible for shipping costs (as detailed in the shipping policies incurred with respect to their purchased Item(s), as well as taxes and other governmental charges.
and please visit our seller policies section.
By using Elergix.com, you are subject to this policy across the Elergix.com marketplace and services, including all community spaces. Violations of these Guidelines may result in deleted content, removal of listings or restrictions to your account. We may also report certain harmful content or conduct to the appropriate law enforcement authorities.
As in any diverse community, you may encounter content on Elergix.com that you don’t like or agree with, even though that content doesn’t violate our Guidelines. If you encounter someone you’d rather not engage with, you can unfollow or block a user:
How to block a user
Users can be blocked from interacting with your closet. Once a user is blocked, they will not be able to Like, Comment, Make an Offer, Share or Purchase any of your listings.
To block a user:
Go to their closet.
At the top of the page, select the Action Menu (…).
Select Block User.
If you see something or someone on Elergix.com that doesn’t follow these guidelines, please report to us on our help center and do not engage with Elergix who behave inappropriately. Our team will investigate and take the appropriate action. If you have an issue with one of your orders, or with another Elergix.com, please contact us for support.
Be Respectful
In order to maintain a safe and welcoming community, we expect Poshers to be respectful in their interactions with others. We ask everyone to be kind, assume best intentions, and consider how your content, conduct, or behavior may be received by an audience with mixed sensibilities. We understand not everyone always sees eye-to-eye, but we do not tolerate harassment or other forms of bullying. Please review the Anti-Bullying Policy below for more information on what types of behavior we do not allow.
Inclusivity is central to our community, so we do not allow behavior or content that is sexually explicit, hateful, or excessively violent. For more information on how we define these content categories, please see the Prohibited Items Policy:
Prohibited Items Policy
Elergix’s marketplace welcomes the sale of most types of new and pre-owned fashion, new personal care items, as well as select home goods, pet items, and electronics with certain restrictions within these categories. For the safety of our users, items outside of our supported categories and otherwise prohibited or unlawful items may not be offered for sale on Elergix.com. We reserve the right to remove items and content under this policy, or any other Elergix.com policies and Terms of Service, at our sole discretion.
If you sell items on Elergix.com, you have a critical role in preventing illegal and potentially unsafe items from appearing in our marketplace, so please be sure your items are allowed to be sold before adding them to your closet. If you list prohibited items or otherwise include them as part of any transaction or shipment, Elergix.com may remove them, and you may be subject to temporary or permanent account restrictions.
Any sales involving prohibited items may be canceled and Elergix.com reserves the right to withhold payment. Elergix.com also reserves the right to dispose or destroy any prohibited items that are sent to our Posh Authenticate centers.
If you’re not sure which laws may apply to you, you may wish to seek advice from a qualified professional.
If you see an item for sale on Elergix.com that you believe may be in violation of this policy, please report it to us:
How to report a listing, comment, or user
to us. We will look into it and take any necessary actions.
1. Restricted Items
Restricted items include those that are generally allowed but must meet certain conditions in order to be considered in compliance with Elergix’s policies.
Be Safe
Do not post private communications, contact information such as your email address and phone number, or other personal details in any public spaces on Elergix.com. Do not make threats or attempts to give out the personal information of others.
Do not engage in or glorify unsafe activities, which includes any acts, behavior, or misinformation that may endanger or physically harm yourself or others.
Be Real
It takes real people to build a thriving community. Please don’t engage in any behavior to impersonate or mislead others. This includes, but is not limited to implying a false affiliation with other individuals, groups, or brands. You may not use Elergix.com to collect personal data or content that doesn’t belong to you or to which you do not own the rights. Be respectful of the intellectual property rights of others.
While Elergix.com are welcome to recruit human helpers, we don’t allow Elergix.com to use unauthorized programs or other forms of automation to participate on Elergix.com. This includes, but is not limited to, deleting and reposting content, liking, sharing, following, and unfollowing.
Don’t Spam or Solicit
Spam comes in many forms, but typically refers to posting unsolicited or unwanted promotional content over and over. This may also include excessively reposting the same item for sale. Spam can be a nuisance for other Elergix.com, so please don’t do it.
Although Elergix.com Show hosts may offer eligible promotions: eligible promotions
Elergix Show Policy:
All users must follow our Community Guidelines, Terms of Service, and other policies when participating in a Elergix.com Show, including buying and selling. Select Sellers can create and schedule Elergix.com Shows, as well as join other Sellers’ Elergix.com Shows as co-hosts (collectively, “Hosts”). Elergix.com has sole discretion to determine user eligibility to host or participate in Posh Shows. As set forth in our Terms of Service, you are solely responsible for any activity that occurs through your Elergix account and all content you transmit or submit through Elergix.com, including any live content from Elergix.com Shows.
Auctions
During a Elergix.com Show, the Host may choose to start an auction. Whether you are a Buyer or a Seller, when you participate in an auction, you understand and agree as follows:
Sellers set the starting price. If you are a Seller, please be sure to set the starting price that reflects a comfortable sale price for you. Once an auction has started, it cannot be canceled, and the starting price cannot be adjusted. Sellers are not permitted to bid on their own item or to ask others to bid up the prices on an item.
All bids are final and binding. If you are the highest bidder when an auction concludes, your payment method will be charged for the winning bid amount, plus any shipping, taxes, or additional fees listed.
Please note:
There may be instances in which two users enter the same bid amount at nearly the same time. In this case, if your username is not displayed as the highest bidder, then your bid was not accepted, and you will need to submit a new, higher bid if you would like the item.
Poshmark is not responsible for technical issues, including disconnection from the platform, while buying or selling. Bids entered and accepted prior to a loss of connection will be considered binding.
Buy Now
Hosts may enable Buy Now on certain listings during a Elergix.com Show.
Once Buy Now is enabled, Buyers will be able to purchase the featured listing directly in the Elergix.com Show at the price indicated. Buy Now will be enabled until the listing is sold out, or until the host stops Buy Now or features another listing.
All Buy Now purchases in a Elergix.com Show are final and binding.
Promotions
As a Host, if you choose to use the Service to administer or communicate a promotion (i.e. sweepstakes or contest) during a Elergix.com Show, you are responsible for the operation of that promotion in accordance with applicable laws, including the following:
Offer terms and eligibility requirements (e.g. age and residency)
Official rules that include all all disclosures required by applicable laws and regulations and that include:
A complete release of Elergix.com by each entrant or participant; and
A statement acknowledging that the promotion is in no way associated with or sponsored, enforced, or administered by Elergix.com; and
Compliance with applicable laws and regulations governing the promotion and the prizes (e.g. registration requirements).
Elergix.com will not assist you in the administration of your promotion, and you agree that if you use the Service to administer your promotion, you do so at your own risk.
Additional Host and Seller Rules
Elergix.com Show Hosts and Sellers agree to these additional rules:
Hosts must be 18 years of age or older.
Hosts must be engaged with their own Elergix.com Show by actively auctioning items or facilitating discussions related to selling on Elergix.com.
Hosts must appropriately designate whether their Elergix.com Show is a “Live Show” or a “Silent Show.”
Live Shows are Elergix.com Shows where Hosts are actively engaging with viewer(s) through camera and the audio or chat features. Please note that in order to be a Live Show, relevant content, such as the Host, merchandise, or activities related to merchandising or selling on Elergix.com, must remain on camera.
Elergix.com Shows that primarily will not incorporate such relevant video content should be designated as a Silent Show. Elergix.com reserves the right to determine, at its sole discretion, whether a Elergix.com Show has been appropriately designated as a Live Show or Silent Show.
Except as specified above in the “Promotions”’ section, Elergix.com Shows may not be used to post any content that constitutes a raffle, contest, sweepstakes, or giveaways involving pure luck or chance.
Qualifying mystery listings are subject to additional requirements in order to be eligible for Seller protection. See our Prohibited Items Policy for details.
Hosts must not engage in or promote unsafe activities during Elergix.com Shows. In addition, Hosts must be aware and respectful of their surroundings, especially when hosting from public or shared spaces.
Hosts and Sellers must not perform any activity that could be considered manipulating the bid price of an auction, including spoofing, shilling, or enlisting secondary or additional accounts to drive up the price.
Miscellaneous
Elergix.com reserves the right to stop or cancel any Elergix.com Show without prior notice for any reason, including due to a violation of any of Elergix.com terms or policies. If you are a Seller, you must describe your items truthfully, accurately, and completely during the Elergix.com Show and promptly ship the items sold during the Elergix.com Show, in accordance with the Terms of Service. If you are a Buyer, you are responsible for reviewing the item before making a bid or purchasing.
As indicated in the Elergix.com Terms of Service, Buyers and Sellers enter into a contract for the sale and purchase of items directly between themselves, and are not an auctioneer or a party to such sale or purchase. Please note that the Elergix.com Terms of Service include provisions on dispute resolution. If you do not agree with this Elergix.com Show Policy (as may be updated from time to time), please do not use these features.
In their shows, Elergix.com is generally not the place to post any content that constitutes a contest, raffle, or sweepstakes. Do not ask for or otherwise solicit donations of money, goods, or services through our platform or by advertising a third party site. However, Poshers are welcome to sell their clothing, accessories, and select home goods for any lawful cause to which they choose to donate proceeds on their own. Elergix.com does not verify donation receipt.
Keep Transactions on Elergix.com
You may not use Elergix.com to conduct transactions off the platform or offline. Sales that originate on Elergix.com must be completed through Elergix.com, including any discussion about details of the item or price negotiation. For more information, please see our Off-Site Transactions Policy below.
In the event of a dispute, our Elergix.com Protect program does not cover buyers or sellers if any part of the transaction was taken off of Elergix.com. This also applies to trades and unauthorized giveaways as they are honor-based agreements which we cannot guarantee will be fulfilled as described.
Anti-Bullying Policy
Bullying is not allowed on Elergix.com. Bullying can mean different things to different people, but we define it as repeated or severe socially aggressive behavior from an individual or a group targeted towards another individual or group. Elergix.com reserves the right to evaluate bullying behavior in its sole discretion. Bullying includes but is not limited to the behaviors outlined below.
Harassment:
Sending cruel or harmful messages or using other methods of contact (including tagging) to engage with a specific target without a clear and reasonable purpose
Circumventing the block feature or continuing to engage with someone after they have requested not to be contacted
Using derogatory language, violent threats, or encouraging self-harm even if intended as a joke
Doxing: Sharing someone else’s non-public personally identifiable information
Denigration: Making personal attacks, publicly shaming or otherwise focusing conversation on negative information to demean another user
Brigading: Organizing or participating in a coordinated unwelcome action against a target including but not limited to abuse of the Poshmark reporting feature
If you are being bullied on Elergix.com, do not engage with the aggressor(s). Write to us and let us know, with as much detail as you can share, what happened. We must be able to verify the evidence you provide to us in order to take appropriate action against users for bullying. We take reports of bullying very seriously and expect Elergix.com to act in good faith. Providing fake or misleading content to report bullying may result in action taken against your account.
We’re here to help, but in some cases, Elergix.com is not in a position to resolve matters of bullying.
If you are concerned about bullying happening outside of Elergix.com, please first seek assistance from the appropriate party relative to where you may be experiencing these issues by reporting it directly through the appropriate channel. If severe off-platform bullying from another Posher is impacting you or other community members’ Elergix.com experience, we may take action against their account if we receive verifiable evidence of the behavior.
If you are concerned about defamation or another civil issue, you may wish to seek legal advice. Elergix.com cannot serve as the arbiter of truth.
If you are concerned about your safety, consult your local law enforcement authorities.
Off-Site Transactions Policy
Directing transactions off of Poshmark is not allowed. While some users may conduct business through multiple venues, sales that originate on Elergix.com must be completed through Elergix.com. This includes any discussion about details of the item or price negotiation. Elergix.com reserves the right to review and classify off-site transactions in its sole discretion. Off-site transactions include but are not limited to the examples outlined below.
Web addresses: You may not post or otherwise promote a URL, image, or other off-platform location with promotional offers or an invitation to facilitate any part of a sale off of Elergix.com.
Referral codes: You may not post or mention a URL, code, or other unique identifier that directs Elergix.com users to join or otherwise conduct business through a non-Elergic.com affiliated service.
QR codes: You may not post QR codes directing users off of Elergix.com for any reason unless affiliated with an Elergix-owned account.
Off-platform communication: You may not request someone contact you by phone, email, or other means outside of Poshmark’s established community spaces to support the completion of a transaction.
Exceptions: Posting URLs or mentioning off-site locations that enhance the shopping experience such as a social media page, manufacturer’s website, size guide, or fashion inspiration while keeping all other aspects of the transaction on Elergix.com is allowed.
b. Follow the Agreement and the Law
In connection with using and/or accessing the Service, you will comply with this Agreement and all applicable laws, rules, and regulations. Without limiting the forgoing, you will not do any of the following in connection with your use of the Service:
Post any User Content (each as defined below in Section 6) that is unlawful, harmful, violent, illegal, infringing on third party rights, false, misleading, fraudulent, pornographic, libelous, invasive, encouraging of money laundering, gambling, or any other unlawful or unwarranted behavior, or otherwise fail to comply. Visit our community guidelines section.
violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction, as determined by Elergix.com in its sole discretion, that may be applicable to your use of the Service;
create any derivative works of, modify, or reverse engineer any part of the Service;
interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying our Service or damage, disable, overburden, put unreasonable load on, or otherwise impair the functioning of the Service infrastructure or the networks connected to the Service;
promote any illegal activity or enterprise;
stalk, harass, bully, impersonate or solicit information unrelated to a listed Item from anyone;
copy, scrape, harvest, crawl or use any technology, software or automated systems to collect any information or data for the Service;
sell or transmit anything you do not have a right to sell or transmit under law or existing relationship;
pose a privacy or security risk to the Service or any User;
infringe anyone’s intellectual property, such as by posting counterfeit products for sale through the Service;
spam any Users with email, junk mail, fraud, schemes, or the like;
collect or harvest any information or data from Elergix.com’s systems or attempt to decipher any transmission to or from the servers running the Service;
use the contact information of any User of the Service (including Buyers) for any purposes other than in relation to: (a) receiving the Service and (b) any transactions between Users;
use the Service in any way that is contrary to Elergix’s public image, goodwill, or reputation;
express or imply that any of your statements, activities, or causes are endorsed by Elergix.com, without Elergix’s prior written consent in each instance. Notwithstanding the foregoing, a Seller will be entitled to make a factual reference which states that the Seller sells its Items on the Service. All other references (including any commentary on the factual reference mentioned above) will be subject to Elergix.com’s prior written consent in each instance;
create multiple account to evade punishment or avoid restrictions;
transmit or upload viruses, worms, or otherwise interfere with the Service; and/or
take any action or inaction which Elergix.com, in its sole judgment, believes is questionable or could cause harm or liability.
Elergix.com may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Content, or Users, including termination of your Account and/or preservation of such information for investigative purposes. Enforcement of this Section 4 is solely at Elergix.com’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
c. Share Your Thoughts and Ideas
We appreciate your thoughts and ideas. You acknowledge and agree that any comments, suggestions, ideas, feedback, or other information about the Service (“Feedback”), provided by you to Elergix.com will not be confidential or proprietary, and Elergix.com shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5. Your Use of Mobile Devices and Other Third-Party Software
You can access the Service through a mobile device, but you will be responsible for any associated fees from your wireless provider. If you use any third-party software, including Apple software, in connection with the Service, then you must comply with such third party’s terms and conditions.
a. Your Responsibility for Mobile Fees and Costs
When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You are solely responsible for such fees and will be solely responsible for your use of the Service on your mobile device and your adherence to your wireless provider’s terms and conditions.
b. Your Use of App Store Software Applications
To the extent you access the Service in connection with the Apple App Store, Google Play, or any other similar third party application marketplace, you acknowledge and agree that these Terms are solely between you and Elergix.com and that between the marketplace provider and Elergix.com, Elergix is solely responsible for the Service, content, maintenance, support, and addressing any claims relating thereto, including product liability, legal compliance, and intellectual property infringement. In addition, if you access the Service through our iOS application, please review the Apple End User License Agreement.
6. Your Content
You are responsible for the Content (as defined below) you post through the Service and represent that you own the Content or have the right to use the Content. While you continue to own all your Content, you license the Content to us for our use, including to operate the Service and for our marketing purposes.
a. Your Content is Your Responsibility
You are solely responsible for all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, messages, sales, purchases, and any other materials (“Content”) that you upload, post, publish, transmit, display, and/or submit (“Post”) to or through the Service (such Content Posted by Users, excluding Account Information, is referred to as “User Content”). You are solely responsible for all of your User Content, and you understand and agree that all User Content can be shared with other Users and third parties at Elergix’s sole discretion. Elergix.com has no control over or liability for how other Users may use your User Content.
b. You License Your Content to Us
By Posting any User Content, you hereby represent and warrant that you have sufficient rights in the User Content to grant us the below license. By Posting any User Content, you hereby grant to Elergix.com and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by Elergix.com, your User Content in connection with (i) the operation of the Service or any other products or services of Elergix.com or (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the internet or Third Party Services (e.g. Facebook, Twitter, Instagram, blogs, etc.) and allowing other Users to share listings that include your User Content.
c. Your Content Must Not Infringe Intellectual Property Rights
You further represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. While we are not obligated to review any User Content posted by our Users on our Service, we reserve the right to review any User Content, with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We may refuse to accept or display the User Content, and we may remove or delete all or any portion of the User Content at any time in our sole discretion, with or without cause. Elergix.com will not be responsible for any User Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content.
You may be exposed to User Content that you find inaccurate, offensive, indecent, or otherwise objectionable, and you waive any legal or equitable rights or remedies you have or may have against the Elergix.com (Crafrik LLC) Parties (as defined in Section 11) with respect to such User Content.
d. Your Content Is Public
You understand and agree that (i) the User Content you Post is not confidential and will be treated as non-confidential; (ii) your User Content may be publicly viewable and will be accessible and viewed by third parties; and (iii) Elergix.com will not be liable for any treatment of your User Content as public and non-confidential or for the use of your User Content by third parties. You waive all claims with respect to confidentiality of any User Content. If you do not want your User Content to become public and nonconfidential, you must not use the Service.
7. Our Intellectual Property Rights
We own our intellectual property. You may only use the Service as authorized in this Agreement and you may not copy, modify, or otherwise use our name and logo.
Elergix.com retains all rights to our intellectual property. This includes the Service Content (as defined below) as well as the Elergix.com name, logos, product or service names, slogans, trade dress, and any other Poshmark trademarks or service marks (“Elergix Trademarks”). Other than Third Party Content (as defined below), all Content on the Service including its look and feel (“Service Content”) is owned by Elergix.com or its licensors and is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Elergix.com retains all rights to our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content unless explicitly authorized by this Agreement. Any use of the Service, including the Service Content, other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Elergix Trademarks will insure to our exclusive benefit. Any rights not expressly granted herein are reserved by Elergix.com. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply endorsement, sponsorship, or recommendation by us.
8. Intellectual Property Complaints
You may notify us if you believe your work has been infringed on the Service.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.
If you believe that anything on our Service infringes any of your intellectual property rights, including copyright that you own or control, please use our IP reporting form or you may notify our designated agent at:
Intellectual Property Report Form
What is your relationship with the rights owner?:*
I am the rights owner
I am authorized to report on the rights owners behalf
I am reporting on behalf of the rights owner without authorization, please contact us through the help center.
9. Third-Party Services and Content
You may access or use services or content provided by third parties when using our Service. Elergix.com is not responsible for such third party services or content, and third-party services will be governed by such third parties’ terms and conditions and policies.
a. Your Access to Services of Third Parties
The Service may enable you to access certain services that are offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the Elergix.com platform (“Third Party Services”). For example, social networks you connect your Account to under the Sharing Settings page are Third Party Services. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Services are solely between you and the third party. Elergix.com does not control or endorse, and makes no representations or warranties regarding, any Third Party Services, and your access to and use of such Third Party Services is at your own risk. The terms of this Agreement and the Elergix.com visit our Privacy Policy section do not apply to your use of any such Third Party Services. You are solely responsible for your access or use of such Third Party Services. You should review any applicable terms and/or privacy policies of any Third Party Services before using or sharing information with any Third Party Services. Elergix.com may suspend or terminate your ability to access Third Party Services through the Services at any time with or without notice.
The Service may provide you with access to YouTube through an application programming interface or API. YouTube is a Third-Party Service, and if you access or use YouTube’s services through the API you agree to abide by, the the YouTube Terms of Service.
b. Third Party and User Content
The Service contains images, descriptions and other Content posted by third parties including Users (“Third Party Content”). Content you access through Third Party Services is also Third Party Content. You acknowledge that Third Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third Party Content for any purpose other than as explicitly authorized in this Agreement.
Elergix.com will not be liable for the Third Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third Party Content. You acknowledge that Elergix.com has no obligation to review, screen, or inspect any Third Party Content on the Service. However, Elergix.com reserves the right to review, screen, inspect, and/or remove any Third Party Content at our sole discretion. You agree that you assume all the risks associated with the use of or reliance upon Third Party Content, including risks related to accuracy, completeness, or usefulness.
10. Your Purchases and Sales
Buying and selling Items through the Service include risk, fees, and taxes. Elergix.com prohibits certain items from being sold and only allows returns in limited circumstances.
a. Your Risk
You assume certain risks in using a marketplace service such as Elergix.com. Elergix.com is not a participant in and provides no warranty for any transaction between a Buyer and a Seller, and Elergix.com does not take title of any Items. You acknowledge and agree that Elergix.com will not be considered a buyer or seller in any transaction conducted through the Service and that Elergix.com is not an auctioneer, consignee, or a shipping carrier. When acting as a Buyer or Seller, you assume all of the risks of selling or purchasing Items through the Service.
b. Sellers
As a Seller, you agree to only Post Items that you have all rights necessary to sell and to describe such Items truthfully, accurately, and completely. visit our Seller Policy (which is incorporated by reference into this Agreement) further describes a Seller’s rights, responsibilities, and fees.
c. Buyers
As a Buyer, you are solely responsible for reading and reviewing an Item’s listing before making an offer for an Item or purchasing an Item. visit our Buyer Policy section (which is incorporated by reference into this Agreement) further describes a Buyer’s rights and responsibilities. Buyers are responsible for all fees as described in the Buyer Policy section , please visit.
d. Fees
You can register for the Service for free, but Elergix.com will charge certain fees for various transactions you may complete through the Service and for certain other services Elergix.com may provide as set forth in our or visit fee policy section (which is incorporated by reference into this Agreement). All amounts are quoted in US dollars unless otherwise stated.
e. Fee Modifications
We may change or discontinue, temporarily or permanently, some or all fees for the Service, without notice and at our sole discretion, and such changes will be effective upon our revision of the fee policy.
f. Prohibited Items
Elergix.com prohibits the listing or sale of any item that is described in our/visit prohibited Items Policy section (which is incorporated by reference into this Agreement), including items that are illegal to sell or violate the rights of third parties such as counterfeit items.
Please refer to our/visit Elergix Authenticate Policy for further information on what steps Elergix takes to help avoid the sale of counterfeit items through the Service and the remedies buyers have in connection with counterfeit items. The brands sold on Elergix.com are not affiliated with Elergix.com or the Posh Authenticate service, and our team members that assist in providing additional verification through the Elergix Authenticate service are not affiliated with or certified by any brand sold on Elergix.com
If after reviewing an Item, we have concerns about its authenticity or that it otherwise constitutes a prohibited Item, we may, in our sole discretion, cancel the order. In such cases, we will provide a refund for the full cost of the item and any accompanying shipping costs to the Buyer. Such refund will be the Buyer’s sole remedy for the canceled order. Sellers will not receive earnings from orders canceled in accordance with this paragraph. Sellers acknowledge and agree that if such items are in the possession of Elergix.com, Elergix may determine, in its sole discretion, whether to return, retain, destroy, or otherwise dispose of such canceled items. If such Items are returned to Seller, Seller agrees not to attempt to relist or resell the item through the Service.
g. Purchases
Buyers may accept the price offered by a Seller and purchase the Item, or Buyers may make an offer to Sellers to purchase Items from Sellers. Once an offer has been accepted by the Seller, it will be considered a purchase and a binding contract between the Buyer and Seller. The contract to purchase will be solely between Buyer and Seller, and Elergix.com will not be a party to such contract.
Upon purchasing an Item, a Buyer must remit payment to Elergix.com for the Item, including any listed shipping or additional fees.
Elergix.com may delay or cancel any purchase for purposes of fraud detection or to protect Users from other illegal or wrongful activities. All purchases are final with no returns, refunds, cancellations, or retractions allowed, except where (i) the Buyer cancels an order within three (3) hours of purchase; (ii) Elergix.com cancels the purchase or the purchase has otherwise been canceled when explicitly permitted by Poshmark or, if applicable, a Seller; or (iii) the listing expressly indicated the availability of returns.
h. Payments
Buyers may pay for Items only by using payment methods approved by Elergix.com, and Elergix.com will receive such payment from the Buyer on behalf of the Seller. By submitting payment information through Elergix.com, you authorize Elergix to securely store that information and charge you for any Items purchased along with all associated taxes, shipping, and other fees. Elergix.com reserves the right to request additional information from Users for the purposes of completing any transactions, identity verification, fraud prevention, and any other regulatory and compliance purposes. Funds received by Elergix.com from a transaction may, subject to the, visit our Fee Policy section and your ongoing compliance with Section 18(a), be redeemed by Seller through Elergix’s permitted third-party payment provider(s) or used by the Seller to purchase items listed by other Sellers through the Service.
i. Taxes
Transactions conducted through the Service may be subject to taxes in your jurisdiction, which Elergix.com will collect from Buyers on behalf of Sellers where legally obligated to do so. In the event Elergix.com collects taxes as legally obligated, Elergix will remit such taxes to applicable taxing authorities on behalf of Sellers. The listed prices for Items do not include taxes, but the taxes will be displayed before a Buyer confirms the purchase. Use of Elergix Credit (as defined below) may modify taxes that apply to a Buyer’s purchase. Taxes may be estimated based on offers made on Items but remain subject to change if the final sale price differs from the original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess estimated taxes upon purchase or sale, you will be ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Elergix.com does not collect taxes on your behalf.
j. Shipping
Buyer is responsible for paying for shipping fees as described in our/visit Shipping Policy section (which is incorporated by reference into this Agreement).
Elergix.com will provide Seller with a prepaid shipping label (“Label”) as detailed in our/visit Shipping Policy section Our. further describes Sellers’ shipping responsibilities. Elergix.com reserves the right to discontinue providing Labels to any or all Users at any time and for any reason.
k. Returns
Elergix may allow you to return an Item in limited circumstances. Please see our/visit Return Policy section (which is incorporated by reference into this Agreement) for more details.
l. Elergix.com Credit
Elergix may offer non-redeemable promotional credits to Users, for any reason, at the sole discretion of Elergix, to be used exclusively for purchases on the Service (“Elergix Credits”). Elergix.com, in its sole discretion, will determine the requirements, amount, and value of these credits, if any. Elergix.com Credits cannot, unless required by law, be redeemed for cash or cash equivalents, transferred or applied to prior purchases, and cannot be sold, made available to the general public, or acquired via public distribution. Users with suspended accounts will be prohibited from using Elergix Credits during suspension. Other restrictions may apply. We may cancel any Elergix Credits at any time upon reasonable notice. You may apply Elergix Credits when paying for Items, subject to the terms in which we grant such Posh Credits. Elergix.com will have no liability to you for any canceled or expired Elergix Credits.
m. Escheatment
It is the User’s sole responsibility to update payment Account Information to receive any redeemable funds. After a period of statutory required account dormancy, Elergix.com will escheat any unclaimed funds to the relevant government authorities as necessary and may charge a dormancy fee when such a fee is allowed by applicable rules and regulations.
11. Limitation of Liability and Warranties
We provide the Service on an “as-is” basis and make no other warranties or representations with respect to the Service or your use of the Service. We have no liability for certain types of damages and limit our liability for other types of damages.
a. Warranty Disclaimer
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, WILL BE AT YOUR SOLE RISK AND THAT ELERGIX PROVIDES THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ELERGIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT REGARDING THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR ANY THIRD-PARTY SERVICES, MATERIALS, OR ITEMS THAT MAY BE ACCESSED OR PURCHASED THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELERGIX.COM MAKES NO WARRANTY THAT (1) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE; OR (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
ELERGIX.COM MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE ITEMS OFFERED OR SOLD THROUGH THE SERVICE, INCLUDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF SUCH ITEMS, THE TRUTH OR ACCURACY OF ANY LISTINGS, OR THE ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT THE ELRGIX AUTHENTICATE PROGRAM CANNOT PROVIDE AN ABSOLUTE GUARANTEE OF THE AUTHENTICITY OF AN ITEM, BUT RATHER, IT IS A PROMISE THAT THE ITEM HAS PASSED THE REQUIREMENTS OF THE POSH AUTHENTICATE PROCESS (AS DESCRIBED IN OUR/VISIT ELERGIX AUTHENTICATE POLICY RECEIVING A REFUND UNDER THE ELERGIX PROTECT POLICY IS A BUYER’S REMEDY FOR ANY ITEM THAT IS DETERMINED NOT TO BE AUTHENTIC OR OTHERWISE NOT AS DESCRIBED.
b. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL ELERGIX.COM, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS AND EMPLOYEES OF EACH (THE “ELERGIX PARTIES”) BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE— FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR LOST PROFITS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, OR ANY ITEMS YOU PURCHASE OR SELL THROUGH THE SERVICE, WHETHER OR NOT A ELERGIX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT; TORT INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE ELERGIX PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER AMOUNT OF (1) COMMISSIONS/FEES THAT YOU HAVE PAID TO ELERGIX.COM AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE CLAIM OR (2) ONE HUNDRED U.S. DOLLARS (USD $100).
THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE ELERGIX PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
12. Indemnification
If we get sued because of something you did, then you agree to defend and indemnify us.
You agree to release, indemnify, and hold harmless and, upon Elergix’s request, defend the Elergix Parties from any legal claims, demands and damages (including reasonable attorney fees) that arise from or relate to (i) your access to or use of the Service, including any Items purchased or sold; (ii) your User Content or Feedback; (iii) your breach of the Agreement; (iv) your violation, misappropriation, or infringement of any rights of another (including someone else’s privacy or intellectual property rights); or (v) your violation of applicable laws. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
13. Disputes with Elergix
We hope to amicably resolve any disputes with you, so we strongly encourage you to first contact our support team at support@elergix.com Any unresolved dispute will be settled by binding arbitration.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ELERGIX.COM TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND ELERGIX.COM FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND ELERGIX AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. ELERGIX.COM AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
a. Informal Dispute Resolution Prior to Arbitration
For any dispute or claim that you have against Elergix.com or that Elergix has against you arising out of or related to this Agreement or access to or use of the Service, including any Items purchased or sold (collectively, “Claims”, and each a “Claim”), you and Elergix will attempt to first resolve the Claim informally to resolve the Claim faster and reduce costs for both parties.
You and Elergix.com will make a good-faith effort to negotiate the resolution of any Claim for at least sixty (60) days (“Informal Resolution”). This 60-day period starts on the day you or Elergix receive a written notice of a claim from the other party (a “Notice of Claim”) in accordance with this Agreement. You will send any Notice of Claim to Elergix to: Incorporating Services, Ltd., ATTN: NOTICE OF CLAIM, 4500 Forbes Blvd, Ste 200 #1160, Lanham, MD 20706. You must personally sign the Notice of Claim. We will send any Notice of Claim to your registered email address and ATTN: NOTICE OF CLAIM to any billing address and/or shipping address you have provided us. The Notice of Claim sent by either party must include the initiating party’s name, address, phone number, email address, a description of the Claim (including any relevant account names, order numbers, items purchased, and services used), the dates and manner of access to Elergix.com upon which the Claim is based, and the specific resolution being sought. A Notice of Claim will only be valid if it pertains to, and is on behalf of, a single individual. If requested by the party that receives the Notice of Claim, the other party must personally appear at and participate in a video conference to discuss the Claim (if a party is represented by counsel, counsel may also participate). During the videoconference, you and Elergix.com agree to participate in a good faith, direct discussion about the facts, circumstances, and potential resolution of the Claim.
If the Claim is not resolved within Informal Resolution period of sixty (60) days (which period can be extended by agreement of the parties), you or Elergix.com may start an arbitration in accordance with this Agreement (or, at the option of either party, commence a proceeding in small claims court).
You and Elergix agree that this informal dispute resolution procedure is a condition precedent to initiating any arbitration or filing any claim against the other party.
b. Claims Subject to Binding Arbitration; Exceptions
Except for individual disputes that qualify for small claims court, all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved through informal dispute resolution as described in Section 13(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
c. Federal Arbitration Act
This Agreement affects interstate commerce, and the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, this Agreement, and the JAMS Rules (as defined below), the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
d. Arbitration Procedure
All Claims must be submitted to JAMS and will be resolved through binding arbitration before one arbitrator. JAMS administers arbitration pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules are available online a t www.jamsadr.com.
You or Elergix may commence arbitration by filing a written Demand for Arbitration with JAMS and providing a copy to the other party. The party commencing arbitration shall (i) include in their demand details about the claim sufficient to identify their interactions and transactions with the other party (including dates and transaction amounts) in a manner that is specific to the party (and thus not a superficial or generic statement of the claim of the sort that may be applicable to any number of claimants) and (ii) attach the Notice of Claim and any response thereto. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless the arbitration rules and/or applicable law provide otherwise.
YOU AND ELERGIX.COM AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND ELERGIX ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
You and Elergix agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Elergix agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
The arbitrator’s decision will follow this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
e. Opting Out of Arbitration
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted this Agreement by providing us with notice of your decision to opt-out via email at legal@elergix.com or by certified mail addressed to: Elergix.com, Crafrik LLC Attn: Legal Department, 1177 Annapolis Rd, unit 91 Odenton MD 21113. To be effective, the opt-out notice must include your full name, mailing address, account name, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.
f. Severability
If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, including but not limited to, because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.
14. Governing Law and Venue
This Agreement and any disputes between you and us will be governed by California law, and any disputes not subject to arbitration must be filed in the courts located in San Mateo County, California.
This Agreement and all Claims will be governed by the laws of the State of California without giving effect to its principles regarding conflicts of law. If any Claim is not subject to arbitration pursuant to Section 13, then the state and federal court located in San Mateo County, California will have exclusive jurisdiction over the Claim. You and Elergix waive any objection to venue in any such courts. Notwithstanding the foregoing, Claims that qualify for small claims court in the county where you live may be brought in such small-claims courts. You acknowledge that the Service originates from the United States and agree to comply with all export laws and regulations of the United States.
15. Disputes with Other Users
You will be responsible for your interactions with other Users, and you release Elegix.com from any liability or responsibility arising out of disputes with other Users.
We encourage Users to resolve disputes with one another amicably. You are solely responsible for your interactions with other Users, including any purchase or sale transactions. Elergix.com has no obligation to resolve disputes between Users, but Elergix.com reserves the right to attempt to help Users resolve disputes. You release Elergix.com from any claims, demands, and damages arising out of any disputes with other Users.
16. Suspending, Terminating, or Modifying your Access
You may terminate your Account at any time. We may suspend or terminate your access to the Service or your Account at our discretion, including if we suspect you are engaging in fraud, abuse, or illegal activity.
a. Termination of your Account by You
You may terminate your Account at any time.
b. Suspension or Termination of your Account by Us
We may suspend or terminate your Account at our discretion without explanation, notice, and liability to Elergix, including removing and discarding any Items or Content within the Service, for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
c. Suspension, Termination, or Modification of the Service
Elergxi may suspend, terminate, or modify the Service with or without notice and for any reason, including (i) to hold funds, pending any investigations or other activity necessary to deter fraud, (ii) to address potential illegal activity, or (iii) to otherwise comply with applicable laws and regulations.
d. Effect of Suspension or Termination
The Service will not be accessible or available to Users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by Elergix.com are strictly prohibited and may result in additional actions against you and any other users facilitating such circumvention. This includes, but is not limited to, creating new or duplicative accounts or continuing to access the Service from another User’s account.
Elergix.com will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Service.
17. Changes to This Agreement
We may update this Agreement at any time by posting updated Terms. You will be responsible for reviewing any updated Terms. If you do not agree to the updated Terms, then you may not continue to use the Service.
We may update this Agreement, and all related Policies, from time to time by posting updated Terms on the Service. When we make changes to the Terms, we will update the above “Last Updated” date. We may provide you additional notice of the changes through the Service or through email. Changes will be effective upon posting unless otherwise stated. You are responsible for reviewing the changes, and your continued use of the Service constitutes your acceptance of the updated Terms and the amendment of the Agreement. If you do not agree to abide by these or any updated Terms, you must not use or access the Service.
18. Miscellaneous
This section describes certain other rights and responsibilities you have under this Agreement.
a. Trade and Economic Sanctions and Export Controls
The Service may be subject to economic and trade sanctions and export control laws in your applicable jurisdiction. You agree that you will not violate such laws and that you will be solely responsible for any such violation to the extent permitted by law. You represent that neither you, any business you represent, nor any beneficial owner of you or your business are: (i) a citizen or resident of a geographic area in which access to or use of the Service is prohibited by applicable law, decree, regulation, treaty, or administrative act; (ii) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (iii) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Service.
b. Electronic Communication and Documentation
When you use the Service or send us communications, you agree to communicate with us electronically. This Agreement and any other documents referenced in the Agreement will be considered a “writing” or “in writing” to comply with applicable legal requirements and will be legally enforceable between the parties. Printed versions of this Agreement and the referenced documents will be admissible in any legal proceeding. For clarity, mere use of the Service does not constitute electronic communication.
c. Severability and No Waiver
The unenforceability of any provision of this Agreement will not, except as stated in Section 13(f), affect the enforceability of any other provision. If any provision is found to be void, invalid, or unenforceable, then it, except as stated in Section 13(f), will be revised and interpreted to accomplish the objectives of such provision to the extent possible under applicable law, and the remaining provisions will continue in full force and effect. Our non-enforcement of any provision of this Agreement or right under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future. We reserve all rights under applicable law.
d. Headings and Interpretation
The headings and sub-headings in this Agreement are included for reference purposes only and will not affect the meaning or interpretation of this Agreement in any way. The words “include,” “includes,” or “including” will be deemed to be followed by “without limitation.” This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.
19. Terms Specific to Your Geographic Location
If you are a User in California, then certain provisions apply with regard to applicable laws.
Notwithstanding anything to the contrary in the Agreement, the following takes precedence with respect to Users in California.
California Civil Code
Under California Civil Code Section 1789.3, Users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 4500 Forbes Blvd, Ste 200 #1160, Lanham, MD 20706 or by telephone at (202) 629- 7316.
20. Our Notices to You and Contact Information
This section describes how and where Elergix.com and you may contact each other.
Notices
You agree that we will provide notices and messages to you within the Service or if required, via email or regular mail. You may provide Elergix.com notice, and such notice will be deemed provided once received by Elergix.com, addressed via mail to the address noted in the below “Contact Us” section.
Designated Agent:
Legal
Elergix.com (Crafrik LLC)
Address:
4500 Forbes Blvd, Ste 200 #1160
Lanham, MD 20706
Telephone Number: 301-720-2444
Email: support@elergix.com