Terms & Conditions
These Vendor Terms and Conditions (“Vendor Terms”) and all applicable laws and regulations govern the use of Rebelstork Corporation’s pricing algorithm (“REV™”) on a third party website or on the Rebelstork website: rebelstork.com (the “Website”) administered and owned (or if applicable, licensed) by Rebelstork Corporation and its subsidiary, Rebelstork U.S.A., Inc., (“Rebelstork”, “we”, “us” or “our”). These Vendor Terms constitute the entire agreement between you and Rebelstork relating to the matters set forth herein, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral (“Vendor Agreement”).
You may obtain an estimate resale value for your products by entering certain information into REV™, including the brand name, product type, age and its state of wear.
Additional Terms and Policies
The following terms and policies are incorporated by reference and made part of the Vendor Terms. By registering, accessing, browsing, downloading, or using REV™, you acknowledge that you have read, understood and agree to be bound by these linked policies, as well as the terms available on this page.
When using REV™, you will be subject to any additional policies, guidelines or rules applicable to specific services and features which may be posted from time to time on Rebelstork’s website or otherwise provided to you under the terms of these Vendor Terms (the “Policies“). All such Policies are hereby incorporated by reference into these Vendor Terms.
Ownership; Proprietary Rights
REV™ is owned, operated and licensed by Rebelstork. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of REV (“Materials“) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on REV are the property of Rebelstork or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Rebelstork or its affiliates and/or third party licensors. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Rebelstork reserves all rights not expressly granted in these Vendor Terms.
BY USING REV™ YOU AGREE NOT TO:
use REV for any purposes other than to obtain an estimated resale value for your product(s);
rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials, or use REV™ on behalf of any third party, except as permitted herein;
post, upload, or distribute any content to REV™ that is defamatory, libelous, inaccurate, unlawful (including in violation of any intellectual property or similar laws), or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via REV, or perform any other similar fraudulent activity;
remove, circumvent, disable, damage or otherwise interfere with security-related features of REV™, features that prevent or restrict use or copying of any content, or features that enforce limitations on the use of REV™;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of REV™ or any part thereof;
modify, adapt, translate or create derivative works based upon REV™ or any part thereof,
interfere or attempt to interfere with the proper workings of REV™ or any activities conducted on REV™; or
access REV™ with any bot, spider, crawler, or other automated system or process, or bypass robots.txt exclusion files or other measures Rebelstork may use to prevent or regulate access to REV™.
Rebelstork reserves the right, at our discretion, to change, modify, add, or remove portions of these Vendor Terms at any time by posting the amended Vendor Terms to the Website. Please check these Vendor Terms and any Policies periodically for changes. In the event that such modifications materially alter your rights or obligations, Rebelstork will use commercially reasonable efforts to notify you of the change, including by contacting you using the contact information you provide to Rebelstork.. Your continued use of REV™ after the changes become effective constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Vendor Terms, including without limitation, amendments to the fee structure will automatically be effective upon the earlier of (a) your use of REV™ with actual notice of the new terms or (b) thirty (30) days after they are initially posted on the Website.
Rebelstork: You agree that Rebelstork, in its sole discretion, for any or no reason, and without penalty, may terminate your access to REV™ and remove and discard all or any part of the information you have provided. You agree that any termination of your access to REV™ or portion thereof may be effected without prior notice, and you agree that Rebelstork will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Rebelstork may have at law or in equity.
You: Your only remedy with respect to any dissatisfaction with (i) REV™, (ii) any of these Vendor Terms, (iii) any policy or practice of Rebelstork in operating REV™, or (iv) any content or information transmitted through REV™, is to terminate use of REV™.
To the full extent permitted by law, you agree to indemnify, defend, and hold Rebelstork, its affiliated companies, contractors, employees, and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of REV™, your violation of these Vendor Terms, or any breach of your representations, warranties, and covenants. Rebelstork reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Rebelstork, and you agree to cooperate with Rebelstork defense of these claims. Rebelstork will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
To the full extent permitted by law, you expressly understand and agree that your use of REV™, the information therein, or any activity arising from your use of REV™ is at your sole risk. REV™ IS PROVIDED “AS-IS” AND WITHOUT WARRANTY. REBELSTORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE AND NON-INFRINGEMENT; WARRANTIES THAT REV WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE AND FREE FROM VIRUS AND OTHER HARMFUL COMPONENT, OR THAT THE RESULTS OF USING REV WILL MEET YOUR REQUIREMENTS. REBELSTORK STRIVES TO PROVIDE REV 24 HOURS A DAY 365 DAYS A YEAR, BUT REBELSTORK CAN’T GUARANTEE THAT REV WILL ALWAYS BE AVAILABLE. REBELSTORK WILL NOT BE LIABLE FOR ANY LOSS DUE TO REV™ NOT BEING AVAILABLE. REBELSTORK DOES NOT MAKE OR GIVE UNDER THESE VENDOR TERMS, AND HEREBY EXPRESSLY DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, BOTH EXPRESS AND IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY, REPRESENTATION, OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC, OR OTHERWISE, OR ANY WARRANTY WITH RESPECT TO THE AVAILABILITY OF THE WEBSITE, OF TITLE OR NON-INFRINGEMENT IN ANY WAY RELATING TO THESE VENDOR TERMS, REV, AND/OR ANY SERVICES RELATED TO ANY OF THE FOREGOING PROVIDED BY OR FOR YOU. IN NO WAY IS AN ESTIMATED SALE PRICE GENERATED THROUGH REV A GUARANTEE THAT YOUR ITEM WILL SELL OR SELL AT THAT PRICE. YOU ACKNOWLEDGE THAT THE ESTIMATED SALE PRICE IS AN ESTIMATE AT THE TIME YOU INPUT DETAILS ABOUT YOUR ITEM AND DEPENDS ON A VARIETY OF FACTORS, WHICH MAY CHANGE OVER TIME.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL REBELSTORK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS ARISING OUT OF OR RELATING TO THESE VENDOR TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE REV OR ANY OTHER INTERACTIONS WITH REBELSTORK, EVEN IF REBELSTORK OR A REBELSTORK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, REBELSTORK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Rebelstork may provide you with notices, including those regarding changes to Rebelstork’s Vendor Terms, by email or postings on the Website. Notice will be deemed given twenty-four hours after email is sent unless Rebelstork is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given thirty (30) days following the initial posting.
All matters relating to the Website and these Vendor Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Vendor Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.