Terms of Service

1. Introduction

Welcome to BluBerry. These Terms of Service ("Terms") govern your use of the BluBerry website, mobile applications, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Acceptance of Terms

By creating an account, using our website, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

3. Description of Service

BluBerry provides a service that facilitates the selling of second-hand items by handling various aspects of the selling process including but not limited to: item pickup, pricing, listing, and customer service. The specific services provided may vary based on the service tier selected and geographic location.

4. User Accounts

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. User Responsibilities

You agree to:

• Provide accurate information about items you wish to sell
• Ensure that you have legal ownership and the right to sell any items you submit
• Make items available for pickup at agreed-upon times
• Not submit prohibited items (as defined in our policies)
• Communicate promptly regarding scheduling and other service-related matters
• Pay any applicable fees as outlined in our pricing structure

6. Payment Terms

BluBerry will pay you for items sold according to the agreed-upon terms at the time of service engagement. Payment methods, timing, and any applicable fees will be clearly communicated before you agree to use our services.

You acknowledge that BluBerry may deduct service fees, commission, or other charges as outlined in our pricing structure from the final sale amount of your items.

7. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of BluBerry and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BluBerry.

By submitting items for sale through our Service, you grant us the right to photograph, list, and market these items on various platforms to facilitate their sale.

8. Limitation of Liability

In no event shall BluBerry, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

Our liability is limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless BluBerry and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that items you submitted caused damage to a third party

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Contact Information

If you have any questions about these Terms, please contact us at:

Email: alecgold808@gmail.com
Phone: 847-510-3229