The following describes the terms on which TLW offers you access to our services.
Welcome to TLW. By using TLW (including TLW.com and its related sites, services and tools), you agree to the following terms with TLW Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside of the United States, you are contracting with one of our international TLW companies: In countries within the European Union, your contract is with TLW Europe S.à r.l.; in all other countries, your contract is with TLW International AG. If you have any questions, please refer to our help section.
This Agreement is effective on September 7, 2010, for current users, and upon acceptance for new users. The previous amendment to this User Agreement was effective for all users on September 29, 2009.
While using TLW sites, services and tools, you will not:
- post content or items in an inappropriate category or areas on our sites and services;
- violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
- use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- manipulate the price of any item or interfere with other users' listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to TLW;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to TLW);
- transfer your TLW account (including feedback) and User ID 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 TLW, or the interests or property of TLW users;
- export or re-export any TLW tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify or distribute rights or content from the TLW sites, service or tools or TLW's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
TLW and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
TLW'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 violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program
and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-TLW transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue TLW sites, services or tools.
Buyers and sellers share the responsibility for making sure purchases facilitated by TLW are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the TLW Buyer Protection Policy with respect to claims. TLW Buyer Protection covers only claims filed in accordance with the TLW Buyer Protection Policy, not claims filed with PayPal. We may suspend the TLW Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.
We require TLW sellers to comply with our resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with TLW under the TLW Buyer Protection Policy. If we resolve a dispute in the buyer's favor, we will refund the buyer for the full cost of the item (including any applicable sales taxes)and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. Without limiting the foregoing, sellers may not have to pay a reimbursement for an TLW claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the TLW Buyer Protection Policy
. In addition:
- Sellers must have a reimbursement method on file with TLW.
- Sellers agree to allow us to remove funds from their PayPal accounts for amounts due to buyers. Sellers may change this reimbursement method by contacting TLW. However, we reserve the right to continue using seller PayPal accounts for TLW Buyer Protection cases associated with TLW transactions paid for before the change.
- Where there are insufficient funds in PayPal accounts or where PayPal is not the reimbursement method of a seller, we will require another reimbursement method.
- Sellers agree to allow us to charge the payment method they designate for amounts due buyers.
Changing a reimbursement method will not affect TLW's use of a payment method on file for other purposes (such as payment of your TLW fees). If sellers do not provide TLW with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
- Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous TLW Buyer Protection refund or reimbursement.
To protect against the risk of liability, TLW 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, riskiness of the listing category, or the filing of an TLW Buyer Protection claim. 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.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to TLW by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of TLW and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
By listing an item on TLW’s sites, you agree to pay TLW’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on TLW’s sites, your listing will be posted on TLW’s sites and can be viewed in My TLW. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so TLW can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in TLW’s Help Pages.