View and Ask – Terms and Conditions
About View and Ask
ViewandAsk.com, doing business as “V & A Associates, LLC,” may be referred to as ViewandAsk; viewandask; View and Ask; view and ask; View & Ask; view & ask; ViewandAsk.com; viewandask.com; V & A; V & A Associates; or V & A Associates, LLC; and is committed to providing a secure communication medium between on-line buyers and sellers allowing real-time "view and ask" chat before "paying and receiving." Something traditionally uncalled for; something that is new and needed; and something that makes us a game changer.
View and Ask is a marketplace that allows registered members and users an ability to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer, including ‘For Hire’ listings.
The terms and conditions posted on our sites set out the terms on which “View and Ask” offers you access to, and use of, our sites, services, applications and tools.
While we may provide pricing, listing, and other guidance in our services, such guidance is solely informational, and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, View and Ask has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth, accuracy, or vetting of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will complete a transaction or return an item.
However, we hold each member to be respectful of others and to exhibit the highest standards in honesty, integrity, equality, and fairness with respect to our guests, members, and staff.
Please be advised that this User Agreement contains provisions that govern how claims –either by you, or by “View and Ask,” or against each other, are resolved. It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us for binding and final arbitration, unless you opt out of the Agreement to Arbitrate. Unless you opt out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on the site. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the site.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.
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.
Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, buyers and sellers may elect to submit complaints against one another to the American Arbitration Association ("AAA") under its rules and procedures. The AAA's rules are available at www.adr.org. Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement. Buyers and sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.
View and Ask policies are intended to:
Make sure your listing follows our guidelines. If it doesn't, it may be removed, and your buying and selling privileges could be limited.
Using View and Ask
When providing content using the Services (directly or indirectly), you grant View and Ask a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against View and Ask, our assignees, our sublicenses, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicenses' use of that content.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. We take no responsibility and assume no liability or vetting for any content provided by you or any third party.
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act
Listing and Selling Policies
When listing an item, you agree to comply with, and understand, these conditions:
When using our site, you agree to comply with these rules and avoid the following actions both personally, robotically, deliberately, and/or script activated:
If we believe you are abusing View and Ask in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services; delay or remove hosted content; remove any special status associated with your account(s); remove and demote listings; reduce or eliminate any discounts; and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for an extended time period, or that have attempted to modify our services, or to voluntarily discontinue our Services.
Prohibited and Restricted Items
Prohibited items are not allowed to be sold on View and Ask, often because they're illegal or involve strict federal or state regulations. Examples include:
Restricted items can generally be sold on the site but only under certain conditions that sellers are required to meet under Federal, State, and Local laws. Examples of such items include:
When buying an item, you agree to the rules for buyers:
Fees for Listings
The fees View and Ask charges for using our services are listed in our site’s Frequently Asked Questions (FAQ) section and may range, or differ, depending on the product being offered and its sales price (a more expensive item such as an automobile carries a higher posting fee than a lower priced item such as a set of golf clubs). We may change our seller fees from time to time by posting the changes on the site in advance.
Returns and Cancellations
Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, View and Ask will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings.
Obligations and Responsibility
Privacy of Member Information
If View and Ask provides you with information about another user as posted on our site, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyer and seller.
Disclaimer of Warranties; Limitation of Liability
View and Ask tries to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of, or access to, our Services. Bid updates and other notification functionality in applications may not occur in real time. Such functionality is subject to service provider delays beyond View and Ask control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms, and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, View and Ask and our parent company, subsidiaries, affiliates, directors, officers, employees, and agents are not liable for damages or losses, and you agree to not hold us responsible for any damages or losses; including, but not limited to: a) loss of money, b) goodwill or reputation, c) profits, d) intangible losses, or e) any special, indirect, or consequential damages resulting directly or indirectly from the use of our site.
If you have a dispute with one or more users, you release View and Ask and our parent company, subsidiaries, and affiliates and their respective directors, officers, employees, and agents 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. By entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold View and Ask and our parent company, subsidiaries, and affiliates and their respective directors, officers, employees, and agents harmless from any claim or demand, including reasonable legal fees, made by any third party due to, or arising out of, your breach of this Agreement, your improper use of View and Ask Services, or your breach of any law or the rights of a third party.
Potentially infringing items may be in violation of certain copyrights, trademarks, or other intellectual property rights. So, some items aren't allowed (even though they may be legal) because they often violate copyright or trademark laws. This also applies to certain types of information that appear in listings. Here are some examples:
Claims and Disputes
You and “View and Ask” agree that any claim or dispute at law, or equity, that has arisen, or may arise, between us relating in any way to, or arising out of this or previous versions of, the User Agreement that may have impacted your use of, or access to, the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in the Legal Disputes Section.
You agree that, except to the extent it is inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern the User Agreement
Agreement to Arbitrate
You and View and Ask each agree that any, and all disputes or claims that have arisen, or may arise, between you and us relating in any way to, or arising out of, this or previous versions of the User Agreement, that your use of, or access to, our Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
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.
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. At the time of this writing, administrative fees are based on the amount of the claim or counterclaim and are to be paid by the party bringing the claim or counterclaim at the time the demand or claim is filed with the AAA. Any request for payment of fees by View and Ask should be submitted by mail to AAA along with your Demand for Arbitration and we will make arrangements to pay all necessary fees directly to 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 us for all fees associated with the arbitration paid by View and Ask on your behalf that you otherwise would be obligated to pay under AAA's rules.
With the exception of any of the provisions in 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.
You must complete an Opt-Out Notice form and mail it to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.
Judicial Forum for Legal Disputes
Unless you and View and Ask 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 us must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You, and View and Ask, 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.
View and Ask – Terms and Conditions