Welcome to www.ebaymainstreet.com and any of its local versions (such as www.ebaymainstreet.com/fr/sengage)
- If you reside in the United Kingdom you are entering into a contract with eBay (UK) Limited, 5 New Street Square, London, EC4A 3TW, United Kingdom, VAT number GB 782 3254 24.
- If you reside outside the UK but within the European Union, you are entering into a contract with eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany (VAT number DE 200081785).
- If you reside within the United States you are entering into a contract with eBay, Inc, 2065 Hamilton Ave, San Jose, CA, 95125, USA
- If you reside in Canada you are entering into a contract with eBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON M5V 1L9, Canada.
- If you reside in India you are entering in to a contract with eBay Singapore Services Pte Ltd, 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315.
- If you reside elsewhere, you are entering into a contract with eBay Marketplaces GmbH, Helvetiastraße 15-17, 3005 Bern, Switzerland.
Using eBay Main Street
You accept eBay Main Street "as is" and voluntarily choose to participate in eBay Main Street Member Program Events including, without limitation, any eBay Main Street or related events eBay may organize locally ("Events") at your own risk. The eBay Main Street Member Program is intended to keep you informed and help you take action on government regulations affecting your ability to trade on eBay.
eBay Main Street, its employees, affiliates, agents, and other third party partners ("eBay" or "we") may arrange for or publicize meetings at a variety of venues for the primary purpose of discussing policy issues and other subjects designed to increase awareness of issues impacting the eBay marketplace. eBay may or may not supervise these Events and may or may not be involved in any way with the actions of any individuals at these Events. As a result, eBay does not exercise any control over the identity or actions of the individuals who are present at these Events. All participants should exercise caution and good judgment when attending an Event.
Abusing eBay Main Street
We may limit or terminate your access to eBay Main Street and its Events and take technical or legal steps to keep individuals off eBay Main Street if we believe they may create problems or act inconsistently with the letter or spirit of our policies.
By using eBay Main Street, you agree to the collection, transfer, storage and use of your personal information by eBay Main Street on servers located in the United States, as further described in our Privacy & Cookie Notice.
Authorization to Contact You; Recording Calls
eBay may share your telephone number with its authorized service providers as stated in our Privacy & Cookie Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by eBay Main Street, to carry out the purposes identified above.
eBay may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with eBay or its agents for quality control and training purposes, or for its own protection.
We may or may not control, censor or supervise information or comments provided by participants at Events or communications between participants. You may find other users' comments offensive, harmful, inaccurate or deceptive; therefore, you will not hold eBay responsible for other users' actions or inactions, including any communication between you and other users. You indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees and partners) harmless from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code § 1542, which says: "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."
To the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statutes. We are not liable for in contract or tort (including negligence) for any loss, whether of money (including profit), goodwill, reputation, or any special, indirect, or consequential damages arising out of your use of the Site, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, and to the extent permitted by the applicable regulation if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to: fifty US dollars ($50) for US residents, forty pounds (£40) for UK residents, forty-five euros (€45) for EU residents.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE RESOLVED.
A. Applicable Law
If you reside in the United Kingdom, this agreement is governed by the laws of England and Wales.
B. Agreement to Arbitrate
1. Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND EBAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND EBAY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and eBay's right to appeal the court's decision. All other claims will be arbitrated.
2. Arbitration Procedures
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). You may download a form Notice. The Notice to eBay should be sent to eBay Inc., Attn: Litigation Department, Re: Notice of Dispute, 583 W. eBay Way, Draper, UT 84020. eBay will send any Notice to you to the physical address we have on file associated with your eBay account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and eBay are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or eBay may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to eBay at the following address: eBay, Inc. c/o CT Corporation System, 1108 E South Union Ave., Midvale, UT 84047. In the event eBay initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your eBay account. Any settlement offer made by you or eBay shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or eBay may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and eBay subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or eBay may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same eBay user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, eBay will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by eBay should be submitted by mail to the AAA along with your Demand for Arbitration and eBay will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eBay for all fees associated with the arbitration paid by eBay on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
5. Opt-Out Procedure
6. Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against eBay prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and eBay. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on https://www.ebaymainstreet.com/ at least 30 days before the effective date of the amendments and by providing notice through the eBay Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and eBay must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and eBay agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes
If you reside in the United Kingdom you and eBay both agree to submit to the non-exclusive jurisdiction of the English courts.
If you reside in a country within the European Union, with the exception of the United Kingdom, you and eBay both agree, fo any claims or disputes under this agreement, to the jurisdiction of the respective courts as stipulated in the general User Agreement between you and eBay for the use of the eBay Services.
These terms and the other policies posted on eBay Main Street constitute the entire agreement between eBay and you in connection with eBay Main Street, superseding any conflicting parts of any prior agreements.
If we do not enforce any particular provision, we are not waiving our right to do so later. If a court strikes any of these terms, the remaining terms shall survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. We will send notices to you via the email address that you provide, or by registered mail to the address you provide. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update these terms at any time, with updates taking effect after 30 days of posting on https://www.ebaymainstreet.com/ or other notice to you. No other amendments to these terms will be effective unless made in writing, signed by you and eBay.