Terms and Conditions

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.

User Agreement

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:

  •     Support laws and regulations
  •     Minimize risks to sellers
  •     Provide equal opportunity to all sellers
  •     Protect intellectual property rights
  •     Provide an enjoyable buying experience

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

Content

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:

  1. Any content that violates our policies may be deleted at our discretion.
  2. You are responsible for the accuracy of and content for your listing – Hint: providing a good, clearly written description of your item enhances its sales ability.
  3. Listing should be entered in the order directed after clicking on ‘List Your First Ad Here’ so that we provide a marketplace where listings are consistent, and buyers easily find what they are looking to buy.
  4. Listings must be placed into the proper Category/Subcategory for search and browse results to return the correct item for interested buyers searching our site.
  5. Listings may not be immediately searchable by Keyword or Category for several hours while undergoing a pre-approval process.
  6. Returned search and browse result accuracy and speed depend on such factors as:
  • Buyer's location, search query, browsing site, and history;
  • Item's location, listing format, price, shipping cost, terms of service, end time, history, and relevance to the user query;
  • Seller's history, including listing practices, detailed seller ratings (DSR), feedback, and defect rate; and
  • Number of listings matching the buyer's query.

When using our site, you agree to comply with these rules and avoid the following actions both personally, robotically, deliberately, and/or script activated:

  1. Post, list or upload inappropriate content, or items, in categories or in other areas on our sites.
  2. Breach or circumvent any laws, third-party rights, our systems, our policies, or modify or determine your account status.
  3. Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old or legally incapacitated), or are temporarily or indefinitely suspended from using our sites, services, applications or tools.
  4. Fail to pay for items purchased by you, unless you have a valid reason --for example, a seller has materially changed the item's description after you bid; a clear typographical error is made; unable to contact the seller; failure to deliver items sold by you (unless you have a valid reason to hold delivery such as the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer).
  5. Manipulate the price of any item or interfere with any other user's listings.
  6. Post false, inaccurate, misleading, deceptive, inflammatory, or libelous content.
  7. Take any action that may undermine the feedback or ratings systems.
  8. Transfer your account (including Feedback) and user ID to another party without our written consent.
  9. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
  10. Distribute viruses or any other technologies that may harm the interests or property of View and Ask or its users.
  11. Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission from View and Ask.
  12. Interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure.
  13. Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights (IPR)") that belong to or are licensed to View and Ask. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to us.
  14. Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post IPR content that does not belong to you.
  15. Harvest or otherwise collect information about users without their consent; or
  16. Use View and Ask’s minimum performance standards as a Seller to gain elevated status among our buyers (Failure to meet these standards may result in us charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account).

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:

  1. Chance listings that promote giveaways, random drawings, raffles, or prizes.
  2. Firearms, weapons, and knives.
  3. Offensive material, which includes items that are racially or ethnically inappropriate.
  4. Prohibited services, which include services that are illegal or sexual in nature or that violate the User Agreement.

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:

  1. Artefacts and grave-related items
  2. Food and healthcare items

Purchasing Practices

When buying an item, you agree to the rules for buyers:

  1. You are responsible for reading the full item listing before making a bid or commitment to buy.
  2. You enter into a legally binding contract to purchase an item when you commit to buy an item; or, if you have the winning bid (or your bid, or offer, is otherwise accepted).
  3. For automotive vehicles, motor powered craft, real estate, and For Hire --a bid, or offer, initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item or service and does not create a formal contract between the buyer and the seller.
  4. Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

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.

Enforcement Responsibility

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.

Release

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.

Indemnity

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:

  1. Replicas, counterfeit items, and unauthorized copies;
  2. Denying or rejecting any knowledge of, or responsibility for, the authenticity or legality their items is prohibited and not acceptable (see our authenticity disclaimer policy);
  3. Using other members' pictures or text (see our images and text policy); and
  4. Offering a prohibited, restricted, or potentially infringing items for free (rather than for sale) does not protect you from potential liability. This policy applies to both sellers and buyers.

Legal Disputes

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.

Applicable Law

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.

Severability

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.

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View and Ask – Terms and Conditions