Terms & Conditions
DigitalWill tv Store of IT Alumni Int'l rules and policies
We're committed to providing a secure and fair marketplace for our buyers and sellers. To support this commitment, we've put in place rules and policies that govern our expectations of buyers and sellers, the actions we'll take to keep you safe, and how we'll protect you if something goes wrong.
Visit Our Policies Page to learn more...
1. Awareness
This User Agreement, the Mobile Application Terms of Use, and all policies
and additional terms posted on and in our sites, applications, tools and
services (collectively "Services") set out the terms on which DigitalWill
offers you access to and use of our Services. You can find an overview of our
policies here. The Mobile Application Terms of Use, all policies and additional
terms posted on and in our sites, applications, tools, and services are
incorporated into this User Agreement. You agree to comply with all terms of
this User Agreement when accessing or using our Services.
The entity you are contracting with is: DigitalWill tv of IT Alumni Int’l.
Las Vegas, Nevada 89032-3517 United States ,if you reside in any other country.
In this User Agreement, these entities are individually and collectively
referred to as "DigitalWill tv Store ," "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). It also contains an Agreement to Arbitrate
which will, with limited exception, require you to submit claims you have
against us or our agents to binding and final arbitration, unless you opt out
of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement
to Arbitrate")). If you do not opt out: (1) you will only be permitted to
pursue claims against us or our agents on an individual basis, not as a
plaintiff or class member in any class or representative action or proceeding
and (2) you will only be permitted to seek relief (including monetary,
injunctive, and declaratory relief) on an individual basis.
2. Who We Are? DigitalWill tv Store
DigitalWill tv Store is a marketplace that allows users to offer, sell and
buy just about anything in a variety of pricing formats and locations via
Direct & Indirect Marketing and Sales. The actual contract for sale is
directly between the seller and buyer. DigitalWill is not a traditional
auctioneer.
Any guidance we provide as part of our Services, such as pricing, shipping,
listing, and sourcing 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, DigitalWill 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.
3. Using DigitalWill
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, regulations, 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, or are a
person with whom transactions are prohibited under economic or trade sanctions;
fail to pay for items purchased by you, unless you have a valid reason as
set out in an DigitalWill 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 DigitalWill 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 user's
listings;
post false, inaccurate, misleading, deceptive, defamatory, or libelous
content;
take any action that may undermine the feedback or ratings systems (see All
about our Feedback policies);
transfer your DigitalWill 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 DigitalWill 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 DigitalWill ;
interfere with the working of our Services, or impose an unreasonable or
disproportionately large load on our infrastructure;
export or re-export any DigitalWill application or tool, 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 DigitalWill . 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 DigitalWill 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 belong to
you;
commercialize any DigitalWill application or any information or software
associated with such application, except with the prior express permission of DigitalWill
;
harvest or otherwise collect information about users without their consent;
or
circumvent any technical measures used to provide the Services.
Sellers must meet DigitalWill 's minimum performance standards. Failure to
meet these standards may result in DigitalWill charging you additional fees,
and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing DigitalWill 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 DigitalWill , 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 DigitalWill , 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
a long time. Additionally, we reserve the right to refuse, modify, or terminate
all or part of our Services to anyone for any reason at our discretion.
4. 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.
5. Fees and Taxes
The fees we charge for using our Services are listed on our Standard
selling fees page. We may change our seller fees from time to time by posting
the changes on the DigitalWill site 14 days in advance, but with no advance
notice required for temporary promotions or any changes that result in the
reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all
sales made using some or all DigitalWill Services, even if sales terms are finalized or
payment is made outside of DigitalWill . 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 DigitalWill , you may be liable
to pay a final value fee applicable to that item, even if the item doesn't
sell, given your usage of DigitalWill Services for the introduction to a buyer.
You must have a payment method on file when selling through DigitalWill 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 collect amounts owed by charging
other payment methods on file with us, retain collection agencies and legal
counsel, suspend or limit Services, and, for accounts over 60 days past due,
request that PayPal deduct the amount owed from your PayPal account balance. In
addition, you will be subject to late fees. DigitalWill , 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 DigitalWill reported to a credit bureau (i.e., Experian, Equifax or
TransUnion) please contact us at DigitalWill tv of IT Alumni Internatioal. Las
Vegas Nevada 89032-3157. If you wish to dispute the information a collection
agency reported to a credit bureau regarding your DigitalWill account, you must contact the collection
agency directly.
In any jurisdiction where DigitalWill has an obligation to collect sales taxes on
sales you make using DigitalWill Services, we may collect such sales taxes from
you via the payment method on file under the terms of the Billing Agreement or
via any other means available to us.
Seller fees don't purchase exclusive rights to item exposure on DigitalWill
, whether on a web page, mobile app, or otherwise. We may display third-party
advertisements (including links and references thereto) or other content in any
part of our Services, in our sole discretion and without consent from, or
payment, fee reduction, or other credit to, sellers.
6. Listing Conditions
When listing an item for sale on DigitalWill Services, you agree to comply with DigitalWill
's Listing policies 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). DigitalWill can't guarantee exact listing durations,
Your fixed-price listings currently renew automatically every 30 days,
based on the listing terms at that time, until the quantities sell out or until
you cancel the listing. Your fixed-price listings may renew automatically every
calendar month, based on the listing terms at the time, until all quantities
sell or the listing is ended by you or DigitalWill , in its sole discretion,
Content that violates any of DigitalWill 's policies may be modified,
obfuscated or deleted at DigitalWill 's discretion,
We may revise product data associated with listings to supplement, remove,
or correct 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, DigitalWill
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,
DigitalWill 's Duplicate listings 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. To drive the recommendations experience, you agree that we
may display the sales and performance history of your individual listings to
those of other sellers.
7. Purchase Conditions
When buying an item on DigitalWill Services, you agree to the Rules and policies
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,
Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2)
apply to the transfer of ownership between the buyer and the seller, unless the
buyer and the seller agree otherwise.
8. International Buying and Selling; Translation
Many of our Services are accessible internationally. 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 DigitalWill
site other than italumni.store or italumni.com/store, you are subject to the
User Agreement of that other DigitalWill site with respect to that particular
purchase.
If you purchase an item on an DigitalWill site that is different from your
registration site, you are subject to the User Agreement and applicable
policies of that other DigitalWill site with respect to that particular
purchase, as detailed in the International Selling Policy.
For sellers, you agree that we may display your listing for sale on an DigitalWill
site other than the site where you listed your item for sale, based on your
shipping settings. You may adjust these settings as detailed in the
International Selling Policy. If you list your items with an international
shipping option, the appearance of your listings on sites other than the
listing site is not guaranteed. If you sell an item on an DigitalWill site that is different from your registration
site, you are subject to the User Agreement and applicable policies, including
any buyer protection programs, of that other DigitalWill site with respect to that particular sale, as
detailed in the International Selling Policy.
You authorize us to use automated tools to translate your DigitalWill 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.
One of the ways that we may make DigitalWill .com listings available to
international buyers on DigitalWill .com and on DigitalWill 's international
sites is through the Global Shipping Program. For eligible items located in the
United States and purchased by an international buyer through the Global
Shipping Program, you (as seller) will simply ship the item to a parcel
processing facility located in the United States after receiving notification
of payment from the buyer. United States Postal Services(USPS),a third-party
global shipping provider, will oversee the processing, customs clearance, and
international shipment of the item on behalf of your international buyer. To
the extent a buyer has a question about your Global Shipping Program listings, DigitalWill
may respond directly to the buyer if the
question pertains to the services overseen by United States Postal Services(USPS.
(for example, customs or international shipping). Sellers pay no additional
fees for selling through the Global Shipping Program.
Pursuant to a routed export transaction under the U.S. Export
Administration Regulations and Foreign Trade Regulations, the buyer, as the
Foreign Principal Party in Interest, will agree to assume responsibility for
the export shipment, with United States Postal Services(USPS. acting as your
buyer's forwarding agent. You remain liable for the accuracy of information you
provide about items, and you agree to provide timely responses to requests for
additional information.
You consent to the disclosure of certain personally identifiable
information, as well as listing and order information, by DigitalWill to United States Postal Services(USPS., and by
United States Postal Services(USPS). to its affiliates, service providers, and
other third parties (such as customs and revenue authorities, as well as other
government agencies), in connection with the processing, export and customs
clearance, and international transportation of any item. DigitalWill does not control the privacy policies of
Pitney Bowes Inc., its affiliates, or its service providers, and you are
subject to the privacy policies of those parties, as applicable.
Additional information about the program, including policies governing
feedback, the handling of lost, damaged, and undeliverable items, returns, and
the resolution of buyer protection claims for items that you sell through the
program, can be found on our Global Shipping Program and Global Shipping FAQs
pages.
9. Content
When you provide content using the Services (directly or indirectly), you
grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right to exercise any and all
Intellectual Property Rights 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 your Intellectual Property Rights in that
content against DigitalWill , our assignees, our sublicensees, and their
assignees in connection with our, those assignees', and those sublicensees' use
of that content in connection with our 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. DigitalWill takes no responsibility and assumes no
liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications)
that are provided by third parties (including DigitalWill users). You may use that content solely in
your DigitalWill listings. DigitalWill may modify or revoke that permission at any
time in 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 derivative works based on that data (other than by including the data in
your listings).
We try to offer reliable product data, but cannot promise that the content
provided through the Services will always be available, accurate, complete, and
up-to-date. You agree that DigitalWill 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 our data providers liable for
inaccuracies. As a seller, you agree to ensure that content directly associated
with your listings is accurate.
The name "DigitalWill " and other DigitalWill marks, logos,
designs, and phrases that we use in connection with our Services are trademarks,
service marks, or trade dress of DigitalWill n the U.S. and other countries.
They may not be used without the express written prior permission of DigitalWill
.
10. Notice for Claims of Intellectual Property Violations and Copyright
Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United
States Digital Millennium Copyright Act. DigitalWill 's Verified Rights Owner
(VeRO) program works to ensure that listed items and content on our site or in
our apps do not infringe upon the copyright, trademark, or certain other
intellectual property rights of third parties. If you believe that your
intellectual property rights have been infringed, please notify our VeRO team
and we will investigate. Learn how to submit a notice to DigitalWill .
11. Holds and Restricted Funds
To protect DigitalWill from risk of
liability for your actions as a seller, DigitalWill has at times recommended, and may continue to
recommend, that PayPal restrict access to funds in a seller'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 IT Alumni Money Back Guarantee case. This may result
in PayPal restricting funds in your PayPal account.
In connection with managed payments as described in Section 14, we may also
restrict user access to funds based on the factors described in the Payments
Terms of Use.
12. Authorization to Contact You; Recording
Calls; Analyzing Message Content
DigitalWill 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. DigitalWill 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, DigitalWill
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 DigitalWill .
DigitalWill may share your telephone
number 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 DigitalWill to carry out the purposes identified above.
DigitalWill may, without further
notice or warning and in its discretion, monitor or record telephone
conversations you or anyone acting on your behalf has with DigitalWill or its agents for quality control and training
purposes, or for its own protection.
DigitalWill '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 DigitalWill '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. DigitalWill
may store message contents, including to
conduct this scanning and analysis.
Privacy of Others; Marketing
If DigitalWill provides you with
information about another user, you agree you will use the information only for
the purposes that it is provided to you. You may not disclose, sell, rent, or
distribute a user's information to a third party for purposes unrelated to the
Services. Additionally, you may not use user information for marketing
purposes, via electronic or other means, unless you obtain the consent of the
specific user to do so.
13. 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, DigitalWill will set a default
rule that automates the return process. Sellers may remove or customize their
return preferences in their account settings within My DigitalWill . Where
settings have been set to automatically accept requests for returns or
replacements, an DigitalWill -generated return shipping label will be provided
to your buyer. You agree to comply with our returns policy.
When an item is returned, to refund the buyer, you (as seller) authorize DigitalWill
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 DigitalWill to place the return shipping label cost on
your invoice, subject to your automatic payment method on file when:
An DigitalWill -generated return shipping label is used, and the seller is
responsible for its cost;
Returns have been automated;
You fail to send your buyer a return shipping label and, instead, an DigitalWill
-generated shipping label is used; and/or
A transaction is cancelled, and to refund the buyer, you (as seller)
authorize DigitalWill to request that
PayPal remove the refund amount (in same or other currency) from your PayPal
account. See canceling a transaction for more details.
IT Alumni Money Back Guarantee
Most DigitalWill sales go smoothly, but if there's a problem with a
purchase, the IT Alumni 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 IT Alumni Money
Back Guarantee case.
If you (as seller), choose to reimburse a buyer, or are required to
reimburse a buyer or DigitalWill under
the IT Alumni Money Back Guarantee, you authorize DigitalWill 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 IT Alumni Money Back Guarantee in whole or in part
without notice if we suspect abuse or interference with the proper working of
the policy.
14. Managed Payments
DigitalWill seller registered in the US must:
provide the payments entity with information about you and/or your business
to meet its compliance requirements, including those involving identity
verification, anti-money laundering controls, and sanctions screening as required
by applicable laws and policies; and
pass such verification and screening and otherwise meet the compliance
requirements of the payments entity, as determined by the payments entity; and
provide bank account information for a U.S.-based checking account so that
the payments entity can link such checking account to your DigitalWill account,
allowing the payments entity to pay you
In addition:The payments entity may obtain information about you from
third-parties to verify your identity, comply with anti-money laundering and
sanctions screening obligations, and for other purposes in connection with
managed payments
the payments entity may use third-party payments service providers to
assist it in providing managed payments services, including companies that process
payments, perform risk assessments (such as credit agencies) or compliance
checks, verify identity, and validate payment methods. DigitalWill , the
payments entity, and their affiliates may send personal data associated with
you and your account to such third-parties
The payments entity may, in its sole discretion, manage payments on your behalf even if you haven't provided all requested information, and the payments entity may withhold payouts pending receipt of such information.
The complete terms governing sellers' use of managed payments are available in the Payments Terms of Use, incorporated herein. You agree to the Payments Terms of Use to the extent applicable to you, whether or not your account has been enabled for managed payments. Information on how to become an Active Seller
The contract for sale underlying the purchase of goods is directly
concluded between seller and the buyer in the same manner as for transactions
for which the payments entity does not manage payments.
If you are a buyer completing a purchase from a seller that is using
managed payments:
You may pay for such items using those payment methods that the payments
entity makes available, and the payments entity will manage settlement to
sellers. By completing purchases from sellers who use managed payments, buyers
authorize the payments entity to initiate payments using the buyers' selected
payment method and collect the transaction amounts on behalf of sellers. Buyers
agree and understand that, with respect to payments transactions initiated on italumni.store,
the applicable payments entity is DigitalWill tv of IT Alumni Int’l. ("DigitalWilltvStore"),
and that DigitalWilltvStore has been appointed as an agent of sellers who use
managed payments for the limited purpose of accepting such payments on behalf
of sellers. Accordingly, payments received by DigitalWill from buyers satisfy buyers' obligations to pay
sellers in the amount of payments received
In certain instances, your transaction may be declined, frozen, or held for
any reason including for suspected fraud, AML compliance, compliance with
economic or trade sanctions, in connection with DigitalWill ’s internal risk
controls or due to potential violations of any policy of DigitalWill or the payments entity, or a policy of one of
the payments entity's third party payments services providers
DigitalWill , the payments entity or its affiliates may save payment
information, such as credit card or debit card numbers, and card expiration
dates, entered by you on DigitalWill Services when you make a purchase, redeem a
coupon, or make any other transaction on DigitalWill Services where card information is entered.
Such stored payment information may be used as your default payment method for
future transactions on DigitalWill Services. At any time, you can update your
card information or enter new card information, at which point the new card
information shall be stored as your default payment method. You may make
changes to your default payment method through the Personal Information section
under the Account tab in My DigitalWill . You are responsible for maintaining
the accuracy of information we have on file, and you consent to DigitalWill updating
such stored information from time to time based on information provided by you,
your bank or other payments services providers. You will only provide
information about payment methods that you are authorized to use.
You may seek returns or cancellations on DigitalWill Services, or file IT Alumni Money Back
Guarantee claims on DigitalWill Services, in the same manner as you do for
transactions for which the payments entity does not manage payments. The payments
entity refunds amounts paid for successful IT Alumni Money Back Guarantee claims and
returned or cancelled transactions in cases where the original payment was
managed by the payments entity. Refund timing may vary in accordance with the
rules of third parties, such as credit and debit card networks
You agree to comply with, and not cause a third party to violate, all
applicable laws, regulations, rules and terms and conditions in connection with
the use of managed payments. You understand that some third parties, such as
credit and debit card issuers, credit and debit card networks and payments
services providers, may have their own terms and conditions for the payment or
settlement methods you choose to use in connection with managed payments
transactions. Failure to abide by third party terms and conditions may result
in fees assessed to you (for example, currency conversion fees from your credit
card issuer if the transaction currency is different from your credit card
currency) or other actions taken by such third parties, and you agree that the
payments entity has no control over, or responsibility or liability for, such
fees or actions
15. Disclaimer of Warranties; Limitation of Liability
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 DigitalWill 's applications may
not occur in real time. Such functionality is subject to delays beyond DigitalWill
'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, 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 DigitalWill ;
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 from the use of any DigitalWill Service;
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 DigitalWill Section
above;
the duration or manner in which your listings appear in search results as
set out in the Listing Conditions Section above; or
your need to modify practices, content, or behavior, 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 IT Alumni Money Back Guarantee up to the price the item
sold for on DigitalWill (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.
16. 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 (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 favor at the time of agreeing to this
release.
17. Indemnity
You will indemnify and hold us (including our affiliates and subsidiaries,
as well as our and their respective officers, directors, employees, 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 of DigitalWill 's Services or your breach of any law or the rights
of a third party.
18. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A
SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND DIGITALWILL HAVE AGAINST EACH OTHER ARE RESOLVED.
You and DigitalWill agree that any
claim or dispute at law or equity that has arisen, or may arise, between you
and DigitalWill (including any claim or
dispute between you and a third-party agent of DigitalWill ) that relates in
any way to or arises out of this or previous versions of this User Agreement,
your use of or access to the Services, the actions of DigitalWill 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.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by
federal law, the laws of the State of Utah, without regard to principles of
conflict of laws, will govern this User Agreement and any claim or dispute that
has arisen or may arise between you and DigitalWill , except as otherwise
stated in this User Agreement.
B. Agreement to Arbitrate
You and DigitalWill each agree that
any and all disputes or claims that have arisen, or may arise, between you and DigitalWill
(including any disputes or claims
between you and a third-party agent of DigitalWill ) that relate in any way to
or arise out of this or previous versions of the User Agreement, your use of or
access to the Services, the actions of DigitalWill or its agents, or any products or services
sold, offered, or purchased through the Services shall be resolved exclusively
through final and binding arbitration, rather than in court. Alternatively, you
may assert your claims in small claims court, if your claims qualify and so
long as the matter remains in such court and advances only on an individual
(non-class, non-representative) basis. The Federal Arbitration Act governs the
interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized
Relief
YOU AND DIGITALWILL AGREE THAT EACH
OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS
A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR
PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND DIGITALWILL AGREE
OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR
PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO,
THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY
RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE
EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL
CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that
applicable law precludes enforcement of any of this paragraph's limitations as
to a particular claim for relief, then that claim (and only that claim) must be
severed from the arbitration and may be brought in court, subject to your and DigitalWill
's right to appeal the court's decision. All other claims will be arbitrated.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury, and court review of an
arbitration award is very limited. However, an arbitrator can award the same
damages and relief on an individual basis that a court can award to an
individual. An arbitrator should apply the terms of the User Agreement as a
court would. All issues are for the arbitrator to decide, except that issues
relating to arbitrability, the scope or enforceability of this Agreement to
Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate
("Prohibition of Class and Representative Actions and Non-Individualized
Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association
("AAA") under its rules and procedures, including the AAA's Consumer
Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.
The AAA's rules are available at www.adr.org. The use of
the word "arbitrator" in this provision shall not be construed to
prohibit more than one arbitrator from presiding over an arbitration; rather,
the AAA's rules will govern the number of arbitrators that may preside over an
arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by
certified mail, a completed form Notice of Dispute ("Notice"). You
may download a form Notice. The Notice to DigitalWill should be sent to DigitalWill tv of IT Alumni
International, Las Vegas,Nevada 89032-3157 Attn: Litigation Department, DigitalWill
will send any Notice to you to the
physical address we have on file associated with your DigitalWill account; it
is your responsibility to keep your physical address up to date. All
information called for in the Notice must be provided, including a description
of the nature and basis of the claims the party is asserting and the relief
sought.
If you and DigitalWill are unable to
resolve the claims described in the Notice within 30 days after the Notice is
sent, you or DigitalWill may initiate
arbitration proceedings. A form for initiating arbitration proceedings is
available on the AAA's site at www.adr.org. In addition
to filing this form with the AAA in accordance with its rules and procedures,
the party initiating the arbitration must mail a copy of the completed form to
the opposing party. You may send a copy to DigitalWill at the following address: DigitalWilltv of IT
Alumni International, Las Vegas Nevada 89032-3157 In the event DigitalWill initiates an arbitration against you, it will
send a copy of the completed form to the physical address we have on file
associated with your DigitalWill account. Any settlement offer made by you or DigitalWill
shall not be disclosed to the
arbitrator.
The arbitration hearing shall be held in the county in which you reside or
at another mutually agreed location. If the value of the relief sought is
$10,000 or less, you or DigitalWill may
elect to have the arbitration conducted by telephone or based solely on written
submissions, which election shall be binding on you and DigitalWill subject to the arbitrator's discretion to
require an in-person hearing, if the circumstances warrant. In cases where an
in-person hearing is held, you and/or DigitalWill may attend by telephone, unless the arbitrator
requires otherwise.
The arbitrator will decide the substance of all claims in accordance with
applicable law, including recognized principles of equity, and will honor all
claims of privilege recognized by law. The arbitrator shall not be bound by
rulings in prior arbitrations involving different users, but is bound by
rulings in prior arbitrations involving the same DigitalWill user to the extent required by applicable law.
The arbitrator's award shall be final and binding and judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction
thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed
by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If
the value of the relief sought is $10,000 or less, at your request, DigitalWill
will pay all filing, administration, and
arbitrator fees associated with the arbitration. Any request for payment of
fees by DigitalWill should be submitted
by mail to the AAA along with your Demand for Arbitration and DigitalWill will make arrangements to pay all necessary
fees directly to the AAA. If (a) you willfully fail to comply with the Notice
of Dispute requirement discussed above, or (b) in the event the arbitrator
determines the claim(s) you assert in the arbitration to be frivolous, you
agree to reimburse DigitalWill for all
fees associated with the arbitration paid by DigitalWill on your behalf that you otherwise would be
obligated to pay under the AAA's rules.
Severability
With the exception of any of the provisions in Section 1 of this Agreement
to Arbitrate ("Prohibition of Class and Representative Actions and
Non-Individualized Relief"), if an arbitrator or court decides that any
part of this Agreement to Arbitrate is invalid or unenforceable, the other parts
of this Agreement to Arbitrate shall still apply.
Opt-Out Procedure
IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS
AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT
NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO
LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST
TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO DigitalWill tv Store ATTN: LITIGATION
DEPARTMENT, RE: OPT-OUT NOTICE Las Vegas.
For your convenience, we are providing an Opt-Out Notice form. You must
complete and mail that to us in order to opt out of the Agreement to Arbitrate.
You must complete the Opt-Out Notice form by providing the information called
for in the form, including your name, address (including street address, city,
state and zip code), and the user ID(s) and email address(es) associated with
the DigitalWill Service account(s) to
which the opt-out applies. You must sign the Opt-Out Notice for it to be
effective. This procedure is the only way you can opt out of the Agreement to
Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of
this User Agreement and its Legal Disputes Section will continue to apply to
you. Opting out of this Agreement to Arbitrate has no effect on any previous,
other, or future arbitration agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you
and we agree that if we make any amendment to this Agreement to Arbitrate
(other than an amendment to any notice address or site link provided herein) in
the future, that amendment shall not apply to any claim that was filed in a
legal proceeding against DigitalWill prior to the effective date of the amendment.
The amendment shall apply to all other disputes or claims governed by the
Agreement to Arbitrate that have arisen or may arise between you and DigitalWill
. We will notify you of amendments to this Agreement to Arbitrate by posting
the amended terms on www.DigitalWill .com at
least 30 days before the effective date of the amendments and by providing
notice through the DigitalWill Message
Center and/or by email. If you do not agree to these amended terms, you may
close your account within the 30-day period and you will not be bound by the
amended terms.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to
Arbitrate above is found not to apply to you or to a particular claim or
dispute, either as a result of your decision to opt out of the Agreement to
Arbitrate or as a result of a decision by the arbitrator or a court order, you
agree that any claim or dispute that has arisen or may arise between you and DigitalWill
must be resolved exclusively by a state
or federal court located in Salt Lake County, Utah. You and DigitalWill agree to submit to the personal jurisdiction
of the courts located within Salt Lake County, Utah for the purpose of
litigating all such claims or disputes.
19. General
Except as otherwise provided in this User 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.italumni.store
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.italumni .store. 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 DigitalWill Message
Center and/or by email. Your continued access or use of our Services
constitutes your acceptance of the amended terms. We may also ask you to
acknowledge your acceptance of the User Agreement through an electronic
click-through. This User Agreement may not otherwise be amended except through
mutual agreement by you and an DigitalWill representative who intends to amend this User
Agreement and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to
time. Changes take effect when we post them on the DigitalWill Service.
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 User Agreement and all terms and polices posted through our Services
set forth the entire understanding and agreement between you and DigitalWill ,
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.
If you are a California resident, in accordance with Cal. Civ. Code
§1789.3, you may report complaints to the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to
events in Illinois, buyers and sellers may elect to submit complaints against
one another to the American Arbitration Association ("AAA") under its
rules and procedures. The AAA's rules are available at www.adr.org.
Such complaints shall be decided by an independent arbitrator in accordance
with this User Agreement. Buyers and sellers further agree to submit to the
jurisdiction of the State of Illinois for complaints involving a ticketed event
held in Illinois.
For Partnership,email us: italumning@gmail.com |info@italumni.store |italumni.com/us | +1(410)262-8032 | 702-752-4008