EBAY.CA USER AGREEMENTThisThis User Agreement is effective upon acceptance for new users, and fromNovember 1, 2017October 25, 2018 for existing users. The previous amendment to this User Agreement was effective for all users onAugust 16,November 1, 2017. IntroductionAbout eBayUsing eBayPolicy EnforcementFeesListing ConditionsPurchase ConditionsInternational Buying and Selling; TranslationContentNotice for Claims of Intellectual Property Violations and Copyright InfringementHoldsAuthorization to Contact You; Recording Calls; Analyzing Message ContentPrivacy of Others; MarketingAdditional TermseBay Money Back GuaranteeDisclaimer of Warranties; Limitation of LiabilityReleaseIndemnityLegal DisputesNoticesGeneralPrevious Version INTRODUCTION This User Agreement, the User Privacy Notice, the Mobile Device Terms, and all policies and additional terms posted on and in oursitessites, applications, tools and services (collectively "Services") set out the terms on which eBay offers you access to and use of oursites, services, applications and tools (collectively "Services").Services. You can find an overview of our policies here. Allpolicies,policies and the Mobile DeviceTerms, and the User Privacy NoticeTerms are incorporated into this User Agreement. You agree to comply with all of theaboveterms of the User Agreement when accessing or using our Services. The entity you are contracting with is eBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON M5V 1L9, Canada if you reside in Canada; eBay Inc., 2025 Hamilton Ave., San Jose, CA 95125, if you reside in the United States; eBay (UK) Limited, 5 New Street Square, London, EC4A 3TW, United Kingdom, if you reside in the United Kingdom; eBayEurope S.à r.l., 22-24 Boulevard Royal, L-2449 LuxembourgGmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany, if you reside outside the United Kingdom but within the European Union; eBay Singapore Services Pte Ltd, 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315, if you reside in India and eBayInternational AG,Marketplaces GmbH, Helvetiastrasse 15/17, 3005, Bern, Switzerland, if you reside in any other country. In this User Agreement, these entities are individually and collectively referred to as "EBAY," "WE," or "US." PLEASE BE ADVISED THAT THIS USER AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; AND LEGAL DISPUTES PROVISIONS BELOW). ABOUT EBAY eBay is a marketplace that allows users 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. eBay is not a traditional auctioneer. While we may provide pricing, shipping, listing, sourcing, 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, eBay has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy 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 actually complete a transaction or return an item. If you access eBay through partner services instead of directly through eBay, certain Services may not be suitable for use by Quebec residents. USING EBAY In connection with using or accessing the Services you will not: post, list or upload content or items in inappropriate categories or areas on our sites; breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications, or tools; fail to pay for items purchased by you, unless you have a valid reason as set out in an eBay policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid Item Policy); fail to deliver items sold by you, unless you have a valid reason as set out in an eBay policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer; manipulate the price of any item or interfere with any other users' listings; post false, inaccurate, misleading, deceptive, defamatory, or libelous content; take any action that may undermine the feedback or ratings systems (see about our Feedback policies); transfer your eBay account (including Feedback) and username to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm eBay or the interests or property of users; 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 of eBay; interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; export or re-export any eBay applications or tools, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "INTELLECTUAL PROPERTY RIGHTS") that belong to or are licensed to eBay. 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 eBay or someone else; infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does notbelongsbelong to you; commercialize any eBay application or any information or software associated with such application, except with the prior express permission of eBay; harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide our Services. Sellers must meet eBay's minimum performance standards. Failure to meet these standards may result in eBay charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account. If we believe you are abusing eBay and/or our Services 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, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. If we believe you are violating the policy on Offers to buy or sell outside of eBay, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you may be liable to pay a final value fee applicable to that item, even if the item does not sell. We may cancel unconfirmed accounts or accounts that have been inactive for along timeperiod of three years orto modify or discontinue our Services.longer. Additionally, we reserve the right to modify or discontinue our Services, or refuse or terminate all or part of our Services to anyone for any reason at our discretion. If your account is: (1) inactive for a period of three years or longer; or (2) cancelled for any reason pursuant to the terms of this User Agreement, then any credit balance remaining on your account following such period of inactivity, or at the time of such cancellation, will be non-refundable, without notice to you. POLICY ENFORCEMENT 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 buyers and sellers. FEES The fees we charge for using our Services are listed on our Standard Selling Fees page.WeExcept if you reside in Ontario or Quebec, we may change our seller fees from time to time by posting or sending you a notice of the changes on the eBay site 30 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees. Such fee change is subject to the General provision of this User Agreement. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all eBay Services, even if sales terms are finalized or payment is made outside of eBay. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you may be liable to pay a final value fee applicable to that item, even if the itemdoesn’tdoesn't sell, given your usage of eBay Services for the introduction to a buyer. Unless otherwise stated, all fees are quoted in Canadian Dollars. You must have a payment method on file when sellingonthrough eBay Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collectfeesamounts owed by charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over18060 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees. eBay, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information eBay reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at eBay Inc., C/O Global Collections, 7700 West Parmer Lane, Building D, Austin, TX 78729. If you wish to dispute the information a collection agency reported to a credit bureau regarding your eBay account, you must contact the collection agency directly. Seller fees don't purchase exclusive rights to item exposure on eBay, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our Services. LISTING CONDITIONS When listing an item, you agree to comply with eBay's rules for listing and Selling Practices policy and that: You are responsible for the accuracy and content of the listing and item offered. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). eBay can't guarantee exact listing durations. When you use the consumer seller listing tool to create listings, your fixed-price listings may renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Content that violates any of eBay's policies may be modified, obfuscated or deleted at eBay's discretion. We may revise product datain the eBay product catalogassociated with listings to supplement, remove, or correctinformation; if your listing uses catalog data that has been revised, those revisions may modify your listing accordingly.information. We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: buyer's location, search query, browsing site, and history; item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; seller's history, including listing practices, Detailed Seller Ratings, eBay policy compliance, Feedback, and defect rate; and number of listings matching the buyer's query. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer. Some advanced listing upgrades will only be visible on certain Services. eBay's Duplicate Listing Policy may also affect whether your listing appears in search results. Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results. We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. You agree that we may display the sales and performance history of your individual listings to other sellers. PURCHASE CONDITIONS When buying an item, you agree to the rules for buyers and that: You are responsible for reading the full item listing before making a bid or commitment to buy. You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted). For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller. We do not transfer legal ownership of items from the seller to the buyer. INTERNATIONAL BUYING AND SELLING; TRANSLATION Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If you purchase an item on an eBay site other than eBay.ca, you are subject to the User Agreement of that other eBay site with respect to that particular purchase. You may list your items directly on one or more ofeBay’seBay's international sites. Additionally, you may direct us to display your listing on eBay sites other than the original eBay listing site, including where you choose to list items with an international shipping option (such as worldwide shipping or the Global Shipping Program); the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site's policies andthe eBayour International Selling Agreement. You mayrestrict international buyers from purchasingadjust youritems if you explicitly excludeaccount settings within My eBay to indicate your preferences on international shipping by excluding international shippingfrom your listingsandapplyapplying an exclusion list toyour listings.the applicable countries. You authorize us to use automated tools to translate your eBay content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed. CONTENT When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (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 eBay, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of thatcontent.content in connection with the provision, expansion, and promotion of the Services. 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 User 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 User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. eBay takes no responsibility and assumes no liability for any content provided by you or any third party. We may offercatalogues including, for example,product data (including product images, descriptions andspecificationsspecifications) that are provided by third parties (including eBay users). You may usecataloguethat content solely in your eBay listings.The permission to use catalogue content is subject to modificationeBay may modify orrevocationrevoke that permission at any timeat eBay’sin our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivitave works based on that data (other than by including the data in your listings).While weWe try to offer reliable product data, but we cannot promise that thecatalogues or othercontent provided through the Services will always be available, accurate, complete, and up-to-date.As a buyer, youYou agree that eBay is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or data providers liable foranyinaccuracies. As a seller,it is your responsibility to review the content of your listings for accuracy and thatyouwill not attempt to hold our catalog providers or us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. Youagreenottoremove any copyright, proprietary, or identification markings included within the catalogs and not to create any derivative works based on catalogensure that content(other than by including them indirectly associated with yourlistings).listings is accurate. The name "eBay" and other eBay marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of eBay in the U.S. and other countries. They may not be used without the express written prior permission of eBay.A non-exhaustive list of our trademarks and the policy governing their use is available here.NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND COPYRIGHT INFRINGEMENT We respond to notices of alleged copyright infringement under Canadian laws. eBay's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team through our VeRO program and we will investigate. Learn how to submit a notice to eBay. HOLDS To protect eBay from the risk of liability for your actions as a seller, eBay has at times recommended, and may continue to recommend, that PayPal restrict access to funds in aseller’sseller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an eBay Money Back Guarantee case. This may result in PayPal restricting funds in your PayPal account. AUTHORIZATION TO CONTACT YOU; RECORDING CALLS; ANALYZING MESSAGE CONTENT eBay may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. eBay may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by the User Privacy Notice. As described in our User Privacy Notice, eBay may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences section of your My eBay. eBay may share your telephone numbers with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by eBay to carry out the purposeswe haveidentified 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.eBay’seBay's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations ofeBay’seBay's User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. eBay may store message contents, including to conduct this scanning and analysis. PRIVACY OF OTHERS; MARKETING If eBay provides you with information about another user, you agree you will use the information only for the purposes 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. ADDITIONAL TERMS 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, eBay will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within My eBay. You agree to comply with our returns policy. When an item is returned, to refund the buyer, you (as seller) authorize eBay to request that PayPal remove the refund amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file. The cost of return shipping for an item that is not as described is the seller's responsibility. You (as seller) authorize eBay to place the return shipping label cost on your invoice, subject to your automatic payment method on file when: The seller is responsible for the cost of the return; You fail to send your buyer a return shipping label; and/or A transaction is cancelled, and to refund the buyer, you (as seller) authorize eBay to request that PayPal remove the refund amount (in same or other currency) from your PayPal account. Seeour Cancellation PolicyCancelling a transaction for more details. EBAY MONEY BACK GUARANTEE Most eBay sales go smoothly, but if there's a problem with a purchase, the eBay Money Back Guarantee helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any eBay Money Back Guarantee case. If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or eBay under the eBay Money Back Guarantee, you authorize eBay to request that PayPal remove the reimbursement amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the eBay Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYWe[DOES NOT APPLY IF YOU RESIDE IN QUEBEC] We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in eBay's applications may not occur in real time. Such functionality is subject to delays beyondeBay’seBay's 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, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: the content you provide (directly or indirectly) using the Services; your use of or your inability to use our Services; pricing, shipping, format, or other guidance provided by eBay; delays or disruptions in our Services; viruses or other malicious software obtained by accessing or linking to our Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device(s) or loss of data that results from the use of our Services; the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items; a suspension or other action taken with respect to your account or breach of the Abusing eBay Section above; the duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section above; or your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the eBay Money Back Guarantee up to the price the item sold for on eBay (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100. RELEASE If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (direct actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IN 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 FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE. INDEMNITYYouExcept as otherwise provided by applicable law, you will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, 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 User Agreement, your improper use ofeBay’seBay's Services or your breach of any law or the rights of a third party. LEGAL DISPUTES 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. You and eBay agree that any claim or dispute at law or equity that has arisen, or may arise, between you and eBay (including any claim or dispute between you and a third-party agent of eBay) that relates in any way to or arises out of this or previous versions ofthe eBaythis User Agreement, your use of or access to the Services, the actions of eBay or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. LAW AND FORUM FOR DISPUTES IF YOU DO NOT RESIDE IN QUEBEC - This Agreement and any dispute or claim you have against eBay shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein.You agree that any claim or dispute you may have against eBay must be resolved by a court located in Toronto, Ontario, exceptExcept as otherwise agreed by the parties or as described in the Arbitration Option paragraphbelow. Youbelow you agree to submit to thepersonaljurisdiction of the courts locatedwithin the Province ofin Toronto, Ontario for thepurposeresolution oflitigatingand and allsuchclaims ordisputes.disputes you may have against eBay.ARBITRATIONLAW AND FORUM FOR DISPUTES IF YOU RESIDE IN QUEBEC - This Agreement and any dispute or claim you have against eBay shall be governed in all respects by the laws of the Province of Quebec and the federal laws of Canada applicable therein. ARBITRATION OPTION - For any dispute or claim (excluding claims for injunctive or other equitable relief) where the total amount ofthe awardmonetary relief sought is less thanCD$15,000,CDN$15,000, theparty requesting reliefparties may elect to resolve the dispute in a cost effective manner through bindingnon-appearance-basedarbitration. In the event thata party electsthe parties agree to arbitration,they shall initiatesuch arbitrationthrough an established alternative dispute resolution ("ADR") provider mutually agreed upon byshall be conducted pursuant to theparties. The ADR provider andsimplified arbitration procedure set out in theparties must comply witharbitration rules of thefollowing rules: a)ADR Institute of Canada, in force at thearbitration shall be conducted by telephone, online and/or be solely based on written submissions,time of thespecific manner shall be chosen bydispute. Unless theparty initiatingparties agree or thearbitration; b)arbitrator determines otherwise, the arbitration shall not involve any personal appearance by the parties or witnessesunless otherwise mutually agreed by the parties;andc) any judgmentshall be conducted by telephone, online and/or be solely based on written submissions. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. IMPROPERLY FILED CLAIMS - All claims you bring against eBay must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eBay may recover attorneys' fees and costs up to CD$1500, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. NOTICES Except as explicitly stated otherwise, legal notices shall be served on eBay's national registered agent. You consent to receive communication from us electronically. We may communicate with you by email to the email address you have designated on your user account. Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My eBay. In such case, notice shall be deemed given three days after the date of mailing. GENERALExcept as otherwise provided inWe may amend thisAgreement, ifUser Agreement at anyprovision oftime by posting the amended terms on www.ebay.ca and www.cafr.ebay.ca. Our right to amend this User Agreementis heldfrom time tobe invalid, voidtime also includes the right to modify, add to, orforremove policies or terms of our Services, which form part of and are incorporated into this User Agreement. If we make anyreason unenforceable, such provision shallof those changes, you will bestruck out and shall not affectnotified through thevalidity and enforceabilityeBay Message Centre and/or by email and, we will also provide you 30 days' notice in advance of these changes taking effect, if required by law. Those changes take effect on theremaining provisions. Indate specified in the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. At oursolediscretion, we mayassignalso ask you to acknowledge your acceptance of this UserAgreement,Agreement through an electronic click-through. If you do not agree to the amendments, you must stop using eBay andin such event, we will post noticethe eBay sites and terminate this User Agreement by closing your eBay account. Instructions to close your eBay account are listed onwww.ebay.ca.our Closing your account help page.HeadingsONTARIO AND QUEBEC RESIDENTS ONLY: Despite any other section that refers to our right to change this User Agreement, if you arefor reference purposes onlya resident of either Ontario or Quebec, we reserve the right to update anddo not limitrevise this User Agreement (including changing thescope or extentscope, types and/or functionality ofsuch Section. Our failure to act with respect to a breach by youthe Services, using orothers does not waiveaccessing the Services, eligibility for the Services, applicable fees for using ourrightServices, eBay responsibilities or obligations under the User Agreement, your responsibilities under the User Agreement, account and payment terms, listing conditions, purchase conditions, international buying and selling terms, terms related toactcontent on eBay, communications procedures withrespectusers, eBay policies and enforcement mechanisms, returns and cancellations terms, amending procedures, legal disputes terms, disclaimers, limits of liability, releases, indemnities and general legal terms) (collectively, "CHANGES") up tosubsequent or similar breaches. We do not guaranteethree (3) times per year. If we make Changes to the User Agreement, in addition to posting the amended terms on www.ebay.ca and www.cafr.ebay.ca and notifying you through the eBay Message Centre and/or by email, we willtake action against all breachesalso provide you thirty (30) days' advance notice of such Changes in accordance with applicable law ("NOTICE"). Upon receiving the Notice, if you do not agree with the amendments, you must stop using eBay and the eBay sites and may refuse the Changes and terminate this UserAgreement.Agreement by closing your eBay account within the time specified in the Notice. Instructions to close your account are listed on our Closing your account help page or you may also contact eBay by phone by following the instructions listed on the customer support page to obtain assistance with cancelling your account.We may amendIf you do not agree with the Changes, then notwithstanding any termination of this UserAgreement at any time by posting the amended terms on www.eBay.ca. Our rightAgreement, you agree that all outstanding amounts owing toamend the User Agreement includesus are immediately due and payable and that we have the right tomodify, add to, or remove termsbring suit and exercise all rights and remedies available under applicable law inthe User Agreement. We will providerespect of such outstanding amounts. If you30 days' notice by postingdo not close your eBay account within theamended terms. Additionally, wetime specified in the Notice, the Changes willnotify you throughtake effect on theeBay Message Center and/or by email. Yourdate indicated in the Notice. In that case, your continued accessorand use of our Servicesconstituteswill be deemed to constitute your acceptance of the amendedterms.terms, which will apply to all access to and use of the Services thereafter and will become part of this User Agreement. At our discretion, we may also ask you to acknowledge your acceptance ofthethis User Agreement through an electronic click-through.If you do not agree to the amendments, you should stop using eBay and the www.ebay.ca and www.cafr.ebay.ca sites, as applicable, and terminate this User Agreement by closing your eBay account. Instructions to close your eBay account are listed on our Closing your account help page.This User Agreement may not otherwise be amended except through mutual agreement byIn addition, if you reside in Quebec and the amended terms entails aneBay representative who intendsincrease in your obligations or a reduction in eBay's obligations, you may send us a notice thirty (30) days after the amended terms come into force toamend this User Agreementindicate your refusal of the amended terms andis duly authorized to agreeto request the termination of the User Agreement by closing your eBay account. Upon receipt of suchan amendment.notice, we will close your eBay account without cost or penalty.The policies posted on our sites may be changed from timeSubject totime. Changes take effect when we post them onthe above and applicable law, this User Agreement may not otherwise be amended except through mutual agreement by you and an eBaysite.representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment. 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 UserAgreement, the User Privacy Notice,Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and eBay, and supersede all prior understandings and agreements of the parties. The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General. eBay Inc.'s North American Customer Service Operations Centre is located at 173 West Election Road, Draper, UT 84020. You may contact eBay via phone by following the instructions listed on our customer support page.Any[DOES NOT APPLY IF YOU RESIDE IN QUEBEC] Any translation of this User Agreement and all related documents is done for local requirements and in the event of a dispute between the English and French version, the English version of this User Agreement and all related documents shall govern. If you are a resident of the Province of Quebec, the following clause applies: The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documentsauxquels cell-ci réfèreafférents soient rédigéset signésen langueanglaise.PREVIOUSanglaise. PREVIOUS VERSION This User Agreementwas posted on July 7, 2017 and supersedes all previous versions of the eBay.ca User Agreement. Itis effective upon acceptance forthose users who accept it through registration of an eBay account,new users, and fromAugust 16,November 1, 2017 forall otherexisting users. The previous amendment to this User Agreement was effective for all users onJune 15, 2015. The following describes the terms on which eBay offers you access to our sites, services, applications, and tools.August 16, 2017. INTRODUCTIONWelcome to eBay. By usingThis User Agreement, the User Privacy Notice, the Mobile Device Terms, and all policies posted on our sites set out the terms on which eBay(including eBay.caoffers you access to andits relateduse of our sites, services, applications and toolscollectively "Services"), you agree to(collectively "Services"). You can find an overview of our policies here. All policies, thefollowing termsMobile Device Terms, and thegeneral principles for the sites of our subsidiaries and international affiliates. If you reside in Canada youUser Privacy Notice arecontractingincorporated into this User Agreement. You agree to comply witheBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON M5V 1L9, Canada. If you reside outside of Canada, you are contracting with oneall of the above when accessing or using ourother eBay companies: In the United States, your contract is with eBay Inc.; in countries within the European Union, your contract is with eBay Europe S.à r.l.; in India, your contract is with eBay India Private Limited; in all other countries, your contract is with eBay International AG. If you reside in India, prior to August 1, 2017, the entity you are contracting with is eBay India Private Limited, 14th Floor, North Block, R-Tech Park, Western Express Highway, Goregaon (East), Mumbai 400063, Maharashtra; thereafter, the entity is eBay International AG, Helvetiastrasse 15/17, Bern, Switzerland. Starting on August 1, 2017, it is eBay (UK) Limited, 5 New Street Square, London, EC4A 3TW, United Kingdom, if you reside in the United Kingdom. For more information about eBay and its Services, visit www.ebayinc.com.Services.This AgreementThe entity you are contracting with iseffective upon acceptance. WheneBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON M5V 1L9, Canada if youregister anreside in Canada; eBayaccount,Inc., 2025 Hamilton Ave., San Jose, CA 95125, if youaccept this User Agreement by checkingreside in theappropriate box confirming thatUnited States; eBay (UK) Limited, 5 New Street Square, London, EC4A 3TW, United Kingdom, if youread and acceptreside in theUser Agreement and clicking the CONTINUE button when registering anUnited Kingdom; eBayaccount; accessing or using eBay's sites, Services, applications, and tools; or as otherwise indicated on a specific site, Service, application, or tool. For users who do not register an eBay account,Europe S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg if you reside outside theUser Agreement is effective through their access to or use of our Services. Please seeUnited Kingdom but within theGeneral Section of this User Agreement regarding how we may implement amendments to this Agreement from time to time.European Union; and eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland, if you reside in any other country.PLEASE BE ADVISED: THIS USER AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE LIMITATION OF LIABILITY SECTION BELOW).In this User Agreement, these entities are individually and collectively referred to as "eBay," "we," or "us."SCOPEPlease be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability; and Legal Disputes provisions below).Before you may become a user of eBay, you must read and accept all of the terms in, and linked to, this User Agreement, including the eBay Canada Privacy Policy and the Mobile Device Terms. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement, the eBay Canada Privacy Policy, the Mobile Device Terms and all terms in, and linked to, this User Agreement will apply whenever you use or access eBay sites, Services, or applications, or when you use or access the tools that are made available to interact with eBay sites and Services. Some eBay sites, Services, applications and tools may have additional or other terms, agreements, or policies that govern their availability and use. Your use of and access to such sites, Services, applications, and tools are subject to any and all terms, agreements, or policies applicable to them.ABOUT EBAYUSERNAME AND PASSWORDeBay is a marketplace that allows users 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. eBay is not a traditional auctioneer.Your eBay.ca accountWhile we maybe accessed only by use of your usernameprovide pricing, shipping, listing, sourcing, andpassword. You areother guidance in our Services, such guidance is solelyresponsibleinformational andliable for any use and misuse of your username and password and for all activities that occur under your username and password. For security reasons,youmust keep your username and password confidential and not disclose themmay decide toany personfollow it orpermit any other person to use them, except an authorized representativenot. Also, while we may help facilitate the resolution ofeBay.disputes through various programs, eBayrecommends that you choose a password that is unique to youhas no control over and does noteasily guessed by others. You should change your password on a regular basis, and you must log out atguarantee theendexistence, quality, safety or legality ofeach session. ACCURACY OF INFORMATION We rely onitems advertised; theinformation you provide through this website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You are requiredtruth or accuracy of users' content or listings; the ability of sellers toupdate your registration information and payment information immediately, if applicable, and will be solely responsible and liablesell items; the ability of buyers to pay forany and all loss, damage, and additional costsitems; or thatyou, wea buyer orany other person may incur asseller will actually complete aresult of your submission of any false, incorrecttransaction orincomplete information. You acknowledge that you will keep your name and address current and accurate in the My eBay section of the applicable eBay site.return an item. USING EBAY In connection with using or accessingeBay sites, Services, applications and tools,the Services you will not:postpost, list or upload content or items in inappropriate categories or areas on oursitessites; breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications, or tools; fail to pay for items purchased by you, unless you have a valid reason as set out in an eBay policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid Item Policy); fail to deliver items sold by you, unless you have a valid reason as set out in an eBay policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer; manipulate the price of any item or interfere with any other users' listings; post false, inaccurate, misleading, deceptive, defamatory, or libelous content; take any action that may undermine the feedback or ratings systems (see about our Feedback policies); transfer your eBay account (including Feedback) andServices;username to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm eBay or the interests or property of users; 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 of eBay; interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; export or re-export any eBay applications or tools, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to eBay. 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 eBay or someone else; infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you; commercialize any eBay application or any information or software associated with such application, except with the prior express permission of eBay; harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide our Services.violate any laws, third party rightsSellers must meet eBay's minimum performance standards. Failure to meet these standards may result in eBay charging you additional fees, and/or limiting, restricting, suspending, orour stated policies;downgrading your seller account.useIf we believe you are abusing eBay 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 oursites,Services,applicationsdelay ortools if you areremove hosted content, remove any special status associated with your account(s), remove, notable to form legally binding contractsdisplay, and/or demote listings, reduce orare temporarily or indefinitely suspendedeliminate any discounts, and take technical and/or legal steps to prevent you from using oursites, services, applications, or tools;Services.failIf we believe you are violating the policy on Offers todeliver paymentbuy or sell outside of eBay, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses foritems purchased by you, unless, for example, thepolicy monitoring and enforcement. If you are a sellerhas materially changed the item's description afterand youbid,offer or reference your contact information or ask aclear typographical error is made,buyer for their contact information in the context of buying or selling outside of eBay, youcannot reachmay be liable to pay a final value fee applicable to that item, even if theseller (see our Unpaid Item Policy);item does not sell.fail to deliver items purchased from you, unless,We may cancel unconfirmed accounts or accounts that have been inactive forexample, the buyer failsa long time or tomeet your posted terms,modify oryou cannot reachdiscontinue our Services. Additionally, we reserve thebuyer;right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.manipulate the price of any item or interfere with any other users' listings;POLICY ENFORCEMENTcircumventWhen a buyer ormanipulate our fee structure,seller issue arises, we may consider thebilling process, or fees oweduser's performance history and the specific circumstances in applying our policies. We may choose toeBay;be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.post infringing, unlawful, false, inaccurate, misleading, defamatory, obscene, or libelous content;FEEStake any action thatThe fees we charge for using our Services are listed on our Standard Selling Fees page. We mayunderminechange our seller fees from time to time by posting thefeedback or ratings systems (such as displaying, importing or exporting feedback information off ofchanges on thesites or using iteBay site 30 days in advance, but with no advance notice required forpurposes unrelated to eBay);temporary promotions or any changes that result in the reduction of fees.circumvent anyIf you are a seller, you are liable for transaction fees arising out of all sales made using some or all eBaypolicyServices, even if sales terms are finalized ordeterminations aboutpayment is made outside of eBay. In particular, if you offer or reference youraccount status such as temporarycontact information orindefinite suspensionsask a buyer for their contact information in the context of buying orother account holds, limitations or restrictions;selling outside of eBay, you may be liable to pay a final value feeapplicable to that item, even if the item doesn't sell, given your usage of eBay Services for the introduction to a buyer.transfer by any manner anyUnless otherwise stated, all fees are quoted in Canadian Dollars. You must have a payment method on file when selling on eBayapplicationand pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or youreBayaccount(including Feedback)is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies andusernamelegal counsel, and for accounts over 180 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject toanother party without our consent;late fees. eBay, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information eBay reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at eBay Inc., C/O Global Collections, 7700 West Parmer Lane, Building D, Austin, TX 78729. If you wish to dispute the information a collection agency reported to a credit bureau regarding your eBay account, you must contact the collection agency directly.distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;LISTING CONDITIONSdistribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;When listing an item, you agree to comply with eBay's rules for listing and Selling Practices policy and that:exportYou are responsible for the accuracy and content of the listing and item offered. Your listing may not be immediately searchable by keyword orre-export anycategory for several hours (or up to 24 hours in some circumstances). eBayapplicationscan't guarantee exact listing durations. When you use the consumer seller listing tool to create listings, your fixed-price listings may renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out ortools except in compliance withuntil you cancel theexport control laws oflisting. Content that violates anyrelevant jurisdictions andof eBay's policies may be modified, obfuscated or deleted at eBay's discretion. We may revise data inaccordance with posted rules and restrictions;the eBay product catalog to supplement, remove, or correct information; if your listing uses catalog data that has been revised, those revisions may modify your listing accordingly.reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongsWe strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance oris licensed to eBay, or that comes from the Servicesplacement of listings in search andbelongs to another eBay user or tobrowse results will depend on athird party including works covered by any copyright, trademark, patent, or other intellectual property right, except with prior express permissionvariety ofeBay and/or any other party holding the right to license such use;factors, including, but not limited to:commercialize anybuyer's location, search query, browsing site, and history; item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; seller's history, including listing practices, Detailed Seller Ratings, eBayapplication or any information or software associated with such application;policy compliance, Feedback, and defect rate; and number of listings matching the buyer's query.harvestTo drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer. Some advanced listing upgrades will only be visible on certain Services. eBay's Duplicate Listing Policy may also affect whether your listing appears in search results. Metatags and URL links that are included in a listing may be removed orotherwise collect information about users, including email addresses, without their consent; oraltered so as to not affect third-party search engine results. We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. You agree that we may display the sales and performance history of your individual listings to other sellers.circumvent any technical measures we use to provide our Services.PURCHASE CONDITIONSIf we believeWhen buying an item, youare abusing eBay in any way, we may, in our sole discretion without limiting other remedies, limit, suspend, or terminate your user account(s) and accessagree toour Services, delay or remove hosted content, remove any special status associated with your account(s), remove or demote listings, reduce or eliminate any discounts,the rules for buyers andtake technical and/or legal steps to prevent you from using our Services.that:We may cancel unconfirmed accounts or accounts that have been inactiveYou are responsible for reading the full item listing before making along time,bid or commitment tomodifybuy. You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, ordiscontinueif you have theeBay sites,winning bid (or your bid is otherwise accepted). For motor vehicles and real estate, a bid orServices. Additionally, we reserveoffer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller. We do not transfer legal ownership of items from therightseller torefuse or terminate our Services to anyone for any reason at our discretion.the buyer.POLICY ENFORCEMENTINTERNATIONAL BUYING AND SELLING; TRANSLATIONeBayMany of our Services are accessible to international sellers andits communitybuyers. We may offer certain programs, tools, and site experiences ofusers (the "COMMUNITY") work togetherparticular interest tokeep our sites, Services, applicationsinternational sellers andtools working properlybuyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to theCommunity safe. Please report problems, offensive content,international sale, purchase, andpolicy violationsshipment of items. If you purchase an item on an eBay site other than eBay.ca, you are subject to the User Agreement of that other eBay site with respect tous.that particular purchase.When a buyerYou may list your items directly on one orseller issue arises wemore of eBay's international sites. Additionally, you mayconsiderdirect us to display your listing on eBay sites other than theuser's performance history and the specific circumstances in applying our policies. We mayoriginal eBay listing site, including where you choose tobe more lenientlist items withpolicy enforcement inaneffortinternational shipping option (such as worldwide shipping or the Global Shipping Program); the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree todobe subject to that other site's policies and theright thing for botheBay International Selling Agreement. You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings andsellers.apply an exclusion list to your listings.HOLDSYou authorize us to use automated tools to translate your eBay content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.To protect against the risk of liability, eBay has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance or the riskiness of the listing category or the filing of an eBay Money Back Guarantee case, if applicable. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.CONTENTEBAY MONEY BACK GUARANTEEWhen providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (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 eBay, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content.Most eBay sales go smoothly, but if there's a problem with a purchase, the eBay Money Back Guarantee helps buyersYou represent andsellers communicatewarrant that, for all such content you provide, you own or otherwise control all necessary rights to do so andresolve issues. Buyers and sellers agreetocomplymeet 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 withthe policyus, andpermit us to make a final decision onin compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. eBayMoney Back Guarantee case.takes no responsibility and assumes no liability for any content provided by you or any third party.If you (as seller), choose to reimburse a buyer or is required to reimburse a buyer or eBay under the eBay Money Back Guarantee, you authorize eBay to instruct PayPal to remove the reimbursement amount (in same or other currency) from your PayPal account, place the amount on your invoice and/or charge your payment method on file. The cost of return shippingWe may offer catalogues including, foran itemexample, product images, descriptions and specifications thatis not as described is the seller’s responsibility and if anare provided by third parties (including eBaygenerated return shipping label is used, you (as seller) authorizeusers). You may use catalogue content solely in your eBay listings. The permission toplace the return shipping label cost on your invoice,use catalogue content is subject toyour automatic payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.modification or revocation at any time at eBay's sole discretion.We may suspendWhile we try to offer reliable data, we cannot promise that the catalogues or other content provided through the Services will always be available, accurate, complete, and up-to-date. As a buyer, you agree that eBayMoney Back Guarantee in wholeis not responsible for examining orin part without notice if we suspect abusewarranting the listings orinterference withcontent provided by third parties through theproper workingServices, and that you will not attempt to hold us liable for any inaccuracies. As a seller, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalog providers or us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within thepolicy.catalogs and not to create any derivative works based on catalog content (other than by including them in your listings).CROSS-BORDER TRADEThe name "eBay" and other eBay marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of eBay in the U.S. and other countries. They may not be used without the express written prior permission of eBay. A non-exhaustive list of our trademarks and the policy governing their use is available here.Many of our sites, Services, applications and tools may be accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools.NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND COPYRIGHT INFRINGEMENTSome eBay members may reside outsideWe respond to notices ofCanada and some mayalleged copyright infringement under Canadian laws. eBay's Verified Rights Owner (VeRO) program works to ensure that listed items do notspeak Englishinfringe upon the copyright, trademark orFrench as a primary language. To assist users who may speak different languages, whenever automated translation solutions are available,other intellectual property rights of third parties. If youdirect us, to use automated tools to translatebelieve that youreBay content (including your listings), in whole or in part, into local languages and, when using an eBay site as a buyer, to provide you with accessintellectual property rights have been infringed, please notify our VeRO team through our VeRO program and we will investigate. Learn how totranslated content. Assubmit abuyer, you may also have accessnotice totools which will enable you to translate content as requested. The accuracy or availability of translations is not guaranteed.eBay.In some cases, you may be able to sell your items internationally by listing items for sale directly on one or more of eBay’s international sites. Additionally, you may direct us to display your listing on eBay sites other than the original eBay listing site, including those situations where you choose to list items with an international shipping option (such as worldwide shipping); the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site's policies and the eBay International Selling Agreement. You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings. You are responsible for complying with all laws and regulations applicable to the sale and shipment of items to international buyers. If you are a seller you authorize us to use automated tools to translate your eBay content, in whole or in part, into local languages where such translation solutions are available. If you are a buyer, you may have access to tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed and you should check your translated listing for accuracy.HOLDSFEES AND SERVICES JoiningTo protect eBayand bidding on listed items is free and subject to this User Agreement andfrom thePurchase Conditions set out below. We do charge feesrisk of liability forusing other Services, suchyour actions aslisting items. The fees we charge for using our Servicesa seller, eBay has at times recommended, andrelated terms are listed on our Standard Selling Fees page, which wemaychange from time to time. Our Payments policy describes the methods of payment. Changescontinue to recommend, thatschedule are effective for new listings or re-listings in accordance with the terms set out in the General section below. We may choosePayPal restrict access totemporarily change the fees for our Services for promotional events (for example, free listing days) or new Services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications. Unless otherwise stated, all fees are quotedfunds inCanadian Dollars. You must haveapayment methodseller's PayPal account based onfile whencertain factors, including, but not limited to, sellingon eBay, and you are responsible for paying all fees and applicable taxes associated with our sites, Services, applications and tools with a valid payment method byhistory, seller performance, returns, riskiness of thepayment due date. If your payment method failslisting category, transaction value, oryour account is past due, wethe filing of an eBay Money Back Guarantee case. This maycollect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, instructingresult in PayPalto deduct the amount owed fromrestricting funds in your PayPalaccount balance. In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, Services, applications and tools until full payment is made. eBay, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information eBay reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at eBay Inc., C/O Global Collections, 7700 West Parmer Lane, Building D, Austin, TX 78729. If you wish to dispute the information a collection agency reported to a credit bureau regarding your eBay account, you must contact the collection agency directly.account. AUTHORIZATION TO CALL OR TEXT YOU; RECORDING CALLSYou consent to receiveeBay may contact you using autodialed or prerecorded calls and textmessages from eBaymessages, at any telephone number that you have providedus or that we have otherwise obtained. We may place such calls and textsus, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires;(vii) contact you with offers or promotions;or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. eBay may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our User Privacy Notice, eBay may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges mayapply.apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences section of your My eBay.eBayeBay may share your telephone numbers withourits authorized service providers(suchasbilling or collections companies) who we have contracted with to assist usstated inpursuingourrights or performing our obligations under thisUserAgreement, our policies, or any other agreement we may have with you. You agree thesePrivacy Notice. These service providers mayalsocontact you using autodialed or prerecorded calls andothertext messages, only as authorized byuseBay to carry out the purposes we have identifiedabove, and not for their own purposes.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. eBay's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of eBay's User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. eBay may store message contents, including to conduct this scanning and analysis. PRIVACY OF OTHERS; MARKETING If eBay provides you with information about anotheruseruser, you agree you will use the information only for the purposes 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.CONTENTADDITIONAL TERMSWhen providing us with content or causing contentReturns and Cancellations Sellers can create rules tobe posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers) right to exercise anyautomate replacements, returns, and refunds under certain circumstances. For allcopyright, trademark, publicity, and database rights and other intellectual property rights you havenew sellers, in listings where returns are accepted, eBay will set a default rule that automates thecontent, in any media known nowreturn process. Sellers may remove ordevelopedcustomize their return preferences inthe future, andtheir account settings within My eBay. You agree tothe fullest extent permitted under applicable law, you waive any and all moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, orcomply with ourassignees.returns policy.You represent and warrantWhen an item is returned, to refund the buyer, you (as seller) authorize eBay to request thatnone ofPayPal remove thefollowing infringe any rights mentioned inrefund amount (in same or other currency) from your PayPal account, place thepreceding paragraph:amount on yourprovision of content to us,invoice, and/or charge yourcausing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.payment method on file.For the convenienceThe cost ofsellers, we may offer catalogues including stock images, descriptions and product specificationsreturn shipping for an item thatare provided by third parties (including users). You may use catalogue content solely in connection with your eBay listings during the time your listings are on eBay's sites. That permissionissubject to modification or revocation at any time at eBay’s sole discretion.not as described is the seller's responsibility.While we tryYou (as seller) authorize eBay tooffer reliable data, we cannot promise thatplace thecatalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content inreturn shipping label cost on yourlistings, you continueinvoice, subject tobe fully responsible foryourlistings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all eBay policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works basedautomatic payment method oncatalogue content (other than by including them in your listings).file when:NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND COPYRIGHT INFRINGEMENTThe seller is responsible for the cost of the return; You fail to send your buyer a return shipping label; and/or A transaction is cancelled, to refund the buyer, you (as seller) authorize eBay to request that PayPal remove the refund amount (in same or other currency) from your PayPal account. See our Cancellation Policy for more details.We respond to notices of alleged intellectual property infringement under Canadian laws. eBay's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team through our VeRO program and we will investigate. Learn how to submit a notice to eBay .EBAY MONEY BACK GUARANTEEDISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYMost eBay sales go smoothly, but if there's a problem with a purchase, the eBay Money Back Guarantee helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any eBay Money Back Guarantee case.We tryIf you (as seller), choose tokeepreimburse a buyer, or are required to reimburse a buyer or eBayand its sites, Services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guaranteeunder thecontinuous operation of or accesseBay Money Back Guarantee, you authorize eBay toour sites, Services, applications or tools. You further acknowledgerequest thatoperation of and access to our sites, Services, applicationsPayPal remove the reimbursement amount (in same ortools may be interfered with as a result of technical issues or numerous factors outside of our control. Bid updates andothernotification functionality in eBay's applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays or latency due tocurrency) from yourphysical location orPayPal account, place the amount on yourwireless data service provider’s network. You agree that you are making use of our sites, Services, applications and tools atinvoice, and/or charge yourown risk, and that they are being provided to youpayment method onan "AS IS" and "AS AVAILABLE" basis. Accordingly, tofile. If we cannot get reimbursement from you, we may collect theextent 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.outstanding sums using other collection mechanisms, including retaining collection agencies.In addition, toWe may suspend theextent permitted by applicable law,eBay Money Back Guarantee in whole or in part without notice if we(including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damagessuspect abuse orlosses (including, but not limited to, lossinterference with the proper working ofmoney, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:the policy.Your use of or your inability to use our sites, Services, applications and tools;DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYDelaysWe try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of ordisruptions inaccess to oursites, Services,Services. Bid update and other notification functionality in eBay's applicationsor tools;may not occur in real time. Such functionality is subject to delays beyond eBay's control.Viruses or other malicious software obtained by accessingYou agree that you are making use of oursites, Services, applications or tools or any site, Services, applications or tools linkedServices at your own risk, and that they are being provided toour sites, Services, applicationsyou on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express ortools;implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.Glitches, bugs, errors,In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages orinaccuracieslosses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or anykind in our sites, Services, applications and toolsspecial, indirect, orin the information and graphics obtained from them;consequential damages) resulting directly or indirectly from:Damagethe content you provide (directly or indirectly) using the Services; your use of or your inability to use our Services; pricing, shipping, format, or other guidance provided by eBay; delays or disruptions in our Services; viruses or other malicious software obtained by accessing or linking to our Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device(s) or loss of data that results from the use of oursites, Services, applications and tools; TheServices; the content, actions, or inactions of third parties, including items listed using oursites, Services, applications or tools, feedback provided by third parties,Services or the destruction of allegedly fake items;Aa suspension or other action taken with respect to youraccount; Theaccount or breach of the Abusing eBay Section above; the duration or manner in which your listings appear in search results as set forth in the Listing Conditions Sectionbelow; eBay's decision to endabove; orremoveyourlisting(s); Yourneed to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or ourpolicies; eBay reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein;policies. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as eBay Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. Any pricing or shipping guidance we provide in our sites, Services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will result from following guidance we provide (e.g. that your listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy 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 actually complete a transaction or return an item.Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the eBay Money Back Guarantee up to the price the item sold for on eBay (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100. RELEASE If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (direct actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IN 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 FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE .ACCESS AND INTERFERENCE eBay’s sites contain robot exclusion headers. Much of the information and content on the sites is also proprietary or is licensed to eBay by our users or third parties and protected by Canadian and international copyright laws. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any content (except for your content) from our sites, Services, applications or tools without the prior express written permission of eBay and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of our sites, Services, applications or tools, or any activities conducted on or with our sites, Services, applications or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites. LISTING CONDITIONS By listing an item on eBay’s sites, you agree to pay eBay's fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: when you list an item on eBay’s sites, your listing will be posted on eBay’s sites and can be viewed in My eBay. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so eBay can't guarantee exact listing durations. eBay's duplicate listing policy may also affect whether your listing appears in search results. eBay reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse, results may be based on certain factors including, but not limited to, listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, eBay policy compliance, seller's history, including listing practices and detailed seller ratings. Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer. You can read more about where your listings appear in search and browse results in eBay's Help Pages. Content included by you in a listing that violates any of eBay’s policies may be deleted at eBay’s discretion. PURCHASE CONDITIONS You are responsible for reading the full item listing, including any instructions the seller provides, before making a bid or commitment to buy. Unless otherwise stated, by making a bid or commitment to buy an item on eBay, you are committing to buy the item from the seller listing the item. If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item. For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller. We do not transfer legal ownership of items from the seller to the buyer. Applicable laws relating to the transfer of ownership in the sale of goods in your jurisdiction apply to the transfer of ownership between the buyer and the seller, unless the buyer and seller agree otherwise. If you purchase an item on an eBay site other than eBay.ca, you are subject to the User Agreement of that other eBay site with respect to that particular purchase. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eBay Canada Privacy Policy. We view protection of users' privacy as a very important Community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eBay Canada Privacy Policy. If you object to your information being transferred or used in this way please do not use our Services. You have read the eBay Canada Privacy Policy, the terms of which appear on eBay.ca here and are incorporated into this User Agreement, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by eBay in accordance with the terms of and for the purposes set out in the eBay Canada Privacy Policy .INDEMNITYYouYou will indemnify and holdeBay (andus (including our affiliates and subsidiaries,andas well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonableattorneys'legal fees, made by any third party due to or arising out of your breach of thisUserAgreement, your improper use ofeBay’s sites, Services, applications,eBay's Services ortools, and/oryourviolationbreach of any law or the rights of a third party.NO AGENCY No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement. NOTICES Except as explicitly stated otherwise, legal notices shall be served on eBay's national registered agent. You consent to receive communication from us electronically. We may communicate with you by email to the email address you have designated on your user account. Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My eBay. In such case, notice shall be deemed given three days after the date of mailing. RESOLUTION OFLEGAL DISPUTES 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 RESOLVEDIf a dispute arises between you and eBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, youYou and eBay agree thatwe will resolveany claim orcontroversydispute at law or equity that has arisen, or may arise, between you and eBay (including any claim or dispute between you and a third-party agent of eBay) that relates in any way to or arises out of thisAgreementorour Services (a "CLAIM") in accordance with oneprevious versions of thesubsections beloweBay User Agreement, your use of oras we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by goingaccess to theAbout Customer Support help page. We will consider reasonable requests to resolveServices, thedispute through alternative dispute resolution procedures, such as mediationactions of eBay orarbitration, as alternatives to litigation.its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. LAW AND FORUM FOR DISPUTES - This Agreement and any dispute or claim you have against eBay shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against eBay must be resolved by a court located in Toronto, Ontario, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario for the purpose of litigating all such claims or disputes.ARBITRATION OPTIONArbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less thanCdn$15,000,CD$15,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.IMPROPERLY FILED CLAIMSImproperly Filed Claims - All claims you bring against eBay must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eBay may recover attorneys' fees and costs up toCdn$1500,CD$1500, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.ADDITIONAL TERMSNOTICESYou agreeExcept as explicitly stated otherwise, legal notices shall be served on eBay's national registered agent. You consent toabidereceive communication from us electronically. We may communicate with you byall policies posted on our sites which provide additional terms and conditions relatedemail tospecific Services offeredthe email address you have designated onour sites, including, but not limitedyour user account. Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My eBay. In such case, notice shall be deemed given three days after thepolicies listed below:date of mailing.OUTAGE POLICY - https://pages.ebay.ca/help/policies/everyone-outage.htmlGENERAL 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, and in such event, we will post notice on www.ebay.ca.PROHIBITED, QUESTIONABLE & INFRINGING ITEM POLICY - https://pages.ebay.ca/help/policies/items-ov.htmlHeadings 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.DISCUSSION BOARDS USAGE POLICY - https://pages.ebay.ca/help/policies/everyone-boards.htmlWe may amend this User Agreement at any time by posting the amended terms on www.eBay.ca. 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. Additionally, we will notify you through the eBay Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. At our discretion, we may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. If you do not agree to the amendments, you should stop using eBay and the www.ebay.ca and www.cafr.ebay.ca sites, as applicable, and terminate this User Agreement by closing your eBay account. Instructions to close your eBay account are listed on our Closing your account help page.RULES FOR LISTINGS - https://pages.ebay.ca/help/policies/listing-ov.htmlThis User Agreement may not otherwise be amended except through mutual agreement by you and an eBay representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.HOW TO REPORT INAPPROPRIATE BUYING AND SELLING - https://pages.ebay.ca/help/buy/report-trading.htmlThe policies posted on our sites may be changed from time to time. Changes take effect when we post them on the eBay site.REAL ESTATE POLICY - http://pages.ebay.ca/help/policies/real-estate.htmlIf 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.COMMUNITY CONTENT POLICY (covers Reviews, Guides, Blog Entries, Wiki ArticlesThe User Agreement, the User Privacy Notice, andMember-Created Product Descriptions) - https://pages.ebay.ca/help/policies/member-created-content-ov.htmlall polices posted through our Services set forth the entire understanding and agreement between you and eBay, and supersede all prior understandings and agreements of the parties.EBAY GROUPS GUIDELINES - https://pages.ebay.ca/help/policies/group-guidelines.htmlThe following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.RULES ABOUT INTELLECTUAL PROPERTY - https://pages.ebay.ca/help/policies/intellectual-property-ov.html FEES FOR SELLING ON EBAY - https://pages.ebay.ca/help/sell/fees.html MOBILE DEVICE: ADDITIONAL END USER LICENSE TERMS – https://pages.ebay.ca/help/policies/mobiledevice-terms.html These Policies may be changed from time to time. Changes may be made to these policies in accordance with the terms set out in the General section below. When using particular eBay Services, applications or tools, you are subject to any posted policies or rules applicable to Services, applications or tools you use, which may be posted from time to time. GENERAL eBay International AG is located at Helvetiastrasse 15/17, 3005, Bern, Switzerland. eBay Inc. is located at 2065 Hamilton Ave., San Jose, CA 95125.eBay Inc.'s North American Customer Service Operations Centre is located at 173 West Election Road, Draper, UT 84020.eBay Europe S.à r.l. is located at 22-24 Boulevard Royal, L-2449 Luxembourg. eBay India Private Limited is located at 14th Floor, North Block, R-Tech Park, Western Express Highway, Goregaon (East), Mumbai 400063, Maharashtra (India).You may contact eBay via phone by following the instructions listed on our customer support page.Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. 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 www.eBay.ca. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement, including terms related to fees and charges. We will provide you 30 day's notice by posting the amended terms. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the eBay Message Centre and/or by email. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them. If you do not agree to the amendments, you should stop using eBay and the www.ebay.ca and www.cafr.ebay.ca sites, as applicable, and terminate this User Agreement by closing your eBay account. Instructions to close your eBay account are listed on our Closing your account help page. This User Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" does not include an email message and a signature does not include an electronic signature. Any translation of this User Agreement and all related documents is done for local requirements and in the event of a dispute between the English and French version, the English version of this User Agreement and all related documents shall govern. If you are a resident of the Province of Quebec, the following clause applies: The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents auxquels cell-ci réfère soient rédigés et signés en langue anglaise.ThisAny translation of this User Agreement(including incorporated policiesandrules) sets forth the entire understandingall related documents is done for local requirements andagreementin the event of a dispute betweenus with respect tothesubject matter hereof. The following Sections survive any terminationEnglish and French version, the English version of this UserAgreement: FeesAgreement andServices, Release, Content, Limitationall related documents shall govern. If you are a resident ofLiability, Indemnity and Resolutionthe Province ofDisputes.Quebec, the following clause applies: The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents auxquels cell-ci réfre soient rédigés et signés en langue anglaise.
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