If you are an individual, you represent and warrant that you are of legal age to form a binding contract. If you are registering as a business entity, you personally guarantee the authority to bind that entity to these terms and conditions.
As excited as we all are about using this platform, we (Knafsale LLC) must go over a few things with you (Knafsale user) ... so here's the legal stuff:
Knafsale is a listing and information service that allows users who are in compliance with our terms and conditions to buy knives and sell knives with each other. We cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. We make no attempt to verify these things. You agree that to the fullest extent protected by law, Knafsale is a marketplace/platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on Knafsale.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Knafsale shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Purchases, including international purchases, are shipped at the buyer's risk. The customer assumes all risk of confiscation en route. If authorities should confiscate or return the merchandise to the seller, the purchaser is still responsible for all shipping charges incurred.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Knafsale you must provide and maintain a valid banking link through Plaid, and accurate address information. Accounts may not be sold or transferred after being established. Your banking link must remain active for 60 days after the order date of your most recent sale in case the need for refunds or credits arise. Accounts may not be sold or transferred after being established.
Knafsale is free to browse, join and list products for sale. Knafsale charges a service fee of 4% of sale amount and ship amount only after the item is sold. A 3.5% fee is also assumed by the seller for payment processing, totaling a net payout to a seller of 92.5% of sale amount + shipping amount. Changes to the fees for Knafsale's services are effective immediately after posting the changes on the site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. Knafsale may also change service fee policy temporarily for promotional periods.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Knafsale user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Knafsale-related communications. Neither Knafsale nor the other user has granted you a license to use the information for unsolicited commercial messages or for any other purpose.
By posting content on Knafsale, it is possible for an outside website or a third party to re-post or index that content. Message content and user communication may also be monitored to ensure compliance with terms and conditions. You agree to hold Knafsale blameless for any dispute concerning this use.
Knafsale wants to create a community based around honesty, integrity, and transparency.To demonstrate these traits ourselves as owners and creators of the platform, Knafsale must comply with federal knife laws and the guidelines established by our third party providers. Such is the case, we do have listing restrictions on certain knife categories that we must impose. Knafsale will not allow the listing or facilitation of the sale of the following types of knives:
Spring-assisted knives where there is no manual movement by a thumb stud or screw clearly visible on the blade
Hidden or disguised knives such as writing pen knives or belt buckle knives
Such listings if created under false pretense are against our Terms of Service and will be removed by our moderation team. Knafsale will continue to remain diligent to monitor the legal statuses of these categories and the compliance guidelines of our third party providers.
With the above exception, Knafsale generally does not control the content provided by users that is made available on the Knafsale platform. You may find some content to be offensive, harmful, inaccurate, or deceptive. Knafsale users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Knafsale, you agree to accept such risks and expressly agree that Knafsale (and Knafsale's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Knafsale. Please use caution, common sense, and practice safe buying and selling when using Knafsale.
In the event a dispute arises between you and Knafsale, please contact Knafsale. Any dispute arising from or relating to the subject matter of these terms and conditions shall be finally settled by confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate Knafsale's intellectual property rights, Knafsalemay seek injunctive or other appropriate relief in any state or federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts. This agreement and all matters relating to transactions effected using the Services shall be governed by the laws of the State of Georgia, United States of America, and applicable United States federal laws. Arbitration under this agreement shall be conducted under the commercial arbitration rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If there is a dispute between participants on this site, or between users and any third party, you agree that Knafsale is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Knafsale, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
The term "Knafsale", and other Knafsale graphics, logos, designs, page headers are trademarks of Knafsale LLC and its affiliated companies in the U.S. and/or other countries. Knafsale's trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of Knafsale LLC.
The materials displayed or performed or available on or through Knafsale.com, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through Knafsale.com, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Knafsale's) rights.
You understand that Knafsale owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce, creative derivative works based on, or otherwise exploit any of the Services.
You hereby grant to us and our affiliates the right and worldwide, perpetual, non-exclusive, royalty-free license to publish, display, distribute, reproduce, copy and make derivative works of the listings and other posting or content you provide us, in any and all media, including under all copyright, publicity, and database rights in and to the listing, posting or other content you post to Knafsale.com, in order to allow us to (i) list the items on the site, (ii) update or improve the site and any relevant Services, and/or (iii) make use of such listings, postings or content for uses related to the site, including electronic or print publications, reference materials, reports or other services or products provided to third parties regarding sales and pertaining to categories of products featured on the site, provided that any such services or information described in (iii) above shall not include any user's user information.
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Knafsale, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here: http://www.copyright.gov/legislation/pdfdmca.pdf
Knafsale may, without notice, and without refunding any fees, delay or immediately remove content, warn Knafsale's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the site, take technical and legal steps to keep a user off the site and refuse to provide services to a user for any reason.
By utilizing the Knafsale.com platform, the user verifies that they are over 18 years of age and are aware of and will comply with all local, state and federal laws regarding the purchase, sale, shipping, possession or carrying of the products they are buying or selling. Knafsale LLC shall be held blameless for any infraction of laws by the purchaser or seller. You agree to indemnify and hold us harmless from any liability, costs, damages or expenses, including attorney fees and expenses, that we may incur as a result of your failure to comply with all laws. One law that we would bring to your particular attention is the Federal Switchblade Act at 15 U.S.C. §§ 1241-1245.Subject to only some narrow exceptions, it is illegal to introduce a switchblade into interstate commerce (e.g., ship one across state lines).
To the fullest extent permitted under applicable law, you agree that Knafsale bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Services by any jurisdiction having taxing authority over the sale or transaction. You agree and acknowledge that in certain cases, selling on Knafsale.com may subject you to sales tax reporting or remittance obligations in jurisdictions where your volume of transactions would otherwise subject you to such taxation. You and we agree to cooperate reasonably in any tax-related matters or inquiries by taxing authorities. You agree that you are responsible for, and will indemnify us against, any Losses for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to sales of Items to buyers in the jurisdiction (other than taxes on our fees payable to such jurisdiction). You agree to defend, indemnify and hold us harmless from and against any and all losses that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on Knafsale.com, except taxes imposed on our fees or income.
Neither Knafsale nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Knafsale or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY KNAFSALE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL KNAFSALE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO KNAFSALE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, You agree to indemnify and hold Knafsale, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Please note that we exert our best efforts to comply with laws relating to website accessibility for the disabled and are committed to making our website fully accessible. While we do our best, compliance is not an exact science. If you believe that our website is not fully accessible to the disabled, please bring this to our attention and we will immediately seek to remedy it.
If you are a California resident, you shall and hereby do waive California Civil Code Section 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."
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.