Terms Of Use

LAST UPDATED: JANUARY 2021

TO HAVE AN ATTICHOP ACCOUNT YOU MUST BE 18 YEARS OLD, OR THE AGE OF DRIVING WITHIN YOUR JURISDICTION.

WELCOME TO ATTICHOP. BEFORE USING OUR APPLICATION, IT IS IMPORTANT TO UNDERSTAND OUR RULES.

ATTICHOP TERMS OF USE

WELCOME TO ATTICHOP, THE WORLD’S NUMBER ONE PLATFORM FOR THE PURCHASE, SALE AND RE-SALE OF BOTH NEW AND USED GOODS AND SERVICES THROUGH OUR MARKETPLACE. BEFORE USING OUR APPLICATION, IT IS IMPORTANT TO UNDERSTAND OUR RULES.

THESE TERMS OF USE PROVIDE THE RULES AND RESTRICTIONS THAT GOVERN THE USE OF OUR WEBSITE, PRODUCTS, SERVICES AND APPLICATIONS OTHERWISE REFERRED TO AS THE "SERVICES". PLEASE THEREFORE READ THEM IN DETAIL. SHOULD YOU FIND THAT YOU HAVE QUESTIONS, COMMENTS, OR CONCERNS REGARDING THESE TERMS YOU MAY ADVANCE THE SAME IN WRITING TO SHOP@ATTICHOP.COM WITH THE SUBJECT LINE: TERMS OF USE. OUR TERMS OF USE IS A BINDING CONTRACT BETWEEN YOU AND ATTICHOP. YOU MUST AGREE TO AND ACCEPT ALL OF THE TERMS CONTAINED HEREIN OR SERVICES ARE STRICTLY PROHIBITED. 

ATTICHOP RESERVES THE RIGHT TO AMEND ITS TERMS OF USE AT ANY TIME BY POSTING A REVISED VERSION ON OUR WEBSITE. THE REVISED VERSION WILL BECOME EFFECTIVE AT THE TIME IT IS POSTED. SHOULD WE CHANGE THE TERMS OF SERVICE IN A WAY THAT REDUCES YOUR RIGHTS OR INCREASES YOUR RESPONSIBILITIES, WE WILL PROVIDE YOU WITH A NOTIFICATION.

SHOULD YOU HAVE BEEN PREVIOUSLY BANNED FROM THE USE OF ANY OF ATTICHOP’S SERVICES, YOU ARE HEREBY PROHIBITED TO PROCEED FURTHER UNLESS WE HAVE REVERSED THAT BAN, IN OUR SOLE DISCRETION.

AGE & GUARDIANSHIP

BY USING ATTICHOP SERVICES, YOU HEREBY AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. PRODUCTS FOR CHILDREN MAY BE SOLD BY MERCHANTS; HOWEVER, THESE PRODUCTS ARE INTENDED FOR SALE TO ADULTS. CERTAIN PRODUCTS MAY BE INTENDED FOR INDIVIDUALS OF CERTAIN AGES OR "MATURE AUDIENCES" ONLY. BY ORDERING SUCH ITEMS, YOU CERTIFY THAT YOU ARE OLD ENOUGH TO VIEW, USE OR OWN SUCH MATURE ITEMS. WHEN YOU UTILIZE ATTICHOP IT IS IMPORTANT TO NOTE THAT YOU MAY BE USING THE SERVICES OF ONE OR MORE THIRD PARTIES. ATTICHOP HAS NO LIABILITY TO YOU FOR THIRD PARTY CONTENT THAT YOU FIND TO BE OFFENSIVE, INDECENT, NOR OBJECTIONABLE.

DESCRIPTION OF THE SERVICE

ATTICHOP IS AN ONLINE CONSUMER-TO-CONSUMER MARKETPLACE. BUSINESS ACCOUNTS ARE NOT OFFERED. HOWEVER, BUSINESS ARE ALLOWED TO SELL PRODUCT LINE AS AN INDIVIDUAL. ATTICHOP DOES NOT SELL NOR PURCHASE GOODS FROM NOR ON BEHALF OF ANY SELLER, TAKE POSSESSION OF THE GOODS, EITHER FOR ITSELF NOR ON BEHALF OF USERS. USERS THAT LIST & SELL ITEMS THROUGH THE SERVICE ("SELLERS") & USERS THAT PURCHASE ITEMS THROUGH THE SERVICE ("BUYERS") ARE FULLY RESPONSIBLE FOR THE SALE OF GOODS (REFERRED TO WITHIN AS “GOODS”, “PRODUCTS” OR “ITEMS”). 

ATTICHOP PROVIDES PAYMENT PROCESSING SERVICES THROUGH THIRD-PARTY SERVICE PROVIDERS FOR ITEMS LISTED IN ITS MARKETPLACE. SELLERS PLACE ITEMS INTO THE MARKETPLACE. 

BUYERS MAY PAY FOR PRODUCTS OR SERVICES ON THE MARKETPLACE WITH A CREDIT OR DEBIT CARD. 

ATTICHOP RECEIVES THE PAYMENT AND HOLD PAYMENT IN ESCROW UNTIL THE DELIVER OF THE PRODUCT OR SERVICE.

SELLER DELIVERS THE PRODUCT WITHIN 48 HOURS.

BUYER MUST RECEIVE THE PRODUCT IN THE CONDITION AS IS ADVERTISED ON ATTICHOP AND CONFIRM THE SAME IN THE COMPLETION OF A SHORT ONLINE SATISFACTION SHORT FORM UPON RECEIPT OF THE GOODS. 

FORM MUST BE COMPLETED IMMEDIATELY BY THE SELLER UPON RECEIPT (FORM MAY BE FOUND IN BUYERS EMAIL).

UPON THE DELIVERY OF PRODUCTS OR SERVICES, SELLER MUST ENSURE A SATISFACTION FORM IS COMPLETED BEFORE LEAVING THE SITE. 

UPON SATISFACTORY SALE, OR THE PROVISION OF SERVICE, THE SELLER RECEIVES PROCEEDS LESS 12% TO THE BANK ACCOUNT INDICATED WHEN THEY SIGNED UP AS A SELLER. 

ONLY ONE PAYMENT INSTRUMENT OR BANK ACCOUNT MAY BE REGISTERED ON A SINGLE ATTICHOP ACCOUNT AT A TIME.

ATTICHOP IS RESPONSIBLE FOR PROCESSING CANCELLATIONS, REFUNDS, CHARGEBACKS OR PAYMENT REVERSALS & PROVIDING CUSTOMER SERVICE IN RELATION TO QUESTIONS RELATED TO ITS SERVICE, BUT SHALL NOT BE DRAWN INTO DISPUTES BETWEEN USERS.

ATTICHOP IS LICENSED WITHIN THE UNITED STATES OF AMERICA.NOTE THAT RIGHTS IN ANY OTHER JURISDICTION MAY VARY BY WAY OF THE LAWS THAT GOVERN THAT AREA. 

BY ACCEPTING THESE TERMS, YOU AGREE TO PROVIDE ACCURATE INFORMATION TO ATTICHOP SO THAT WE MAY COMPLY WITH OUR REGULATORY REQUIREMENTS IN THE PROVISION OF SERVICES TO YOU. FURTHER, YOUR ACCEPTANCE OF THESE TERMS INCLUDES ACCEPTANCE OF OUR PRIVACY POLICY.

ATTICHOP DOES NOT ASSUME RESPONSIBILITY NOR LIABILITY FOR THE PRODUCT NOR CONTENT (THIS INCLUDES PRODUCT WARRANTIES) OFFERED BY BUSINESSES OR THIRD PARTIES WHO USE THE PLATFORM. 

ATTICHOP ADVERTISING

AS A SELLER ON ATTICHOP, YOU HEREBY GRANT ATTICHOP PERMISSION TO PROMOTE YOUR PRODUCTS AND SERVICES ON ANY OR ALL OF ITS PLATFORMS AS FREQUENTLY AS ATTICHOP DEEMS NECESSARY. 

ATTICHOP RESERVES THE RIGHT TO USE OR NOT USE ANY PRODUCT OR SERVICE LISTED WITHIN ITS MARKETPLACE TO PROMOTE ITS SERVICES. 

ATTICHOP RESERVES THE RIGHT TO WELCOME INTO ITS MARKETPLACE PRODUCT OF LIKE KIND FROM MULTIPLE SELLERS AND OFFERS NO EXCLUSIVITY. 

BECAUSE ATTICHOP USES THE IMAGERY AND CONTENT PROVIDED BY THE SELLER, THE SELLER HEREBY AGREES THAT THE DETAILS AND IMAGERY OF THEIR LISTED PRODUCT OR SERVICE IS AUTHENTIC, NOT MISLEADING, NOT HARASSING, AND NON THREATENING; AND WILL NOT VIOLATE THE LAWS OF THE JURISDICTION WITHIN WHICH THIS ITEM IS LISTED NOR WITHIN THE UNITED STATES OF AMERICA.

RETURNS

ALL ITEMS SOLD ON ATTICHOP ARE THIRD PARTY TRANSACTIONS, ATTICHOP DOES NOT ACCEPT RETURNS FOR ITEMS FULFILLED BY THIRD PARTY SELLERS.   

FURTHER, OUR TERMS OF SERVICE REQUIRE THAT ALL GOODS BE CHECKED BEFORE YOUR SELLER DEPARTS. BUYERS ARE REQUIRED TO COMPLETE A SHORT ONLINE SATISFACTION SHORT FORM UPON RECEIPT OF THE GOODS. AT THIS TIME YOU MAY REJECT THE ITEM SHOULD IT BE DEEMED UNSATISFACTORY WHICH PROHIBITS THE SALE. 

ONCE THE AFOREMENTIONED FORM IS SUBMITTED TO ATTICHOP BY THE BUYER AS HAVING BOTH RECEIVED THE ITEM AND HAVING RECEIVED IT IN A SATISFACTORY STATE, THE SALE IS COMPLETE AND FINAL.

CANCELLATION OF A TRANSACTION OR REFUNDS

CANCELLATION OF A TRANSACTION IS NOT PERMITTED ONCE THE PRODUCT HAS BEEN ORDERED BY A BUYER, EXCEPT AS REQUIRED BY APPLICABLE LAW OR REGULATION. 

HOWEVER, ATTICHOP MAY ALLOW CANCELLATION OF AN ORDER IF THE BUYER DOES NOT MAKE A PAYMENT OR DOES NOT PAY ON TIME; 

IF A BUYER RECEIVES AN ITEM THAT IS NOT AS DESCRIBED IN THE LISTING, IS SENT THE WRONG ITEM, OR IS SENT A DAMAGED ITEM; CANCELLATIONS ARE ALSO PERMITTED IF THE PRODUCT IS NOT RECEIVED BY THE SELLER WITHIN 48 HOURS OF THE PURCHASE DATE.

IF THE SELLER DOES NOT SHIP WITHIN 2 (TWO) DAYS (48 HOURS); OR FOR OTHER REASONS ATTICHOP DEEMS APPROPRIATE.

SELLERS SHOULD NOTE, THAT ALL VALID CANCELLATIONS ARISING FROM LATE ARRIVAL ARE SUBJECT TO AN ADDITIONAL 5% SURCHARGE OF THE ADVERTISED COST. 

CANCELLATIONS SHOULD BE SUBMITTED IN WRITING TO SHOP@ATTICHOP.COM WITH THE SUBJECT LINE: CANCELLATION & THE ORDER OR INVOICE NUMBER 

IF A BUYER RECEIVES AN ITEM THAT’S DAMAGED; IS NOT AS DESCRIBED IN THE LISTING OR IS SENT THE WRONG ITEM, THE BUYER MUST REPORT THE PROBLEM TO US WITHIN 12 HOURS OF THE DELIVERY, OR WITHIN SUCH LONGER TIME AS REQUIRED UNDER APPLICABLE LAW OR REGULATION, TO  SHOP@ATTICHOP.COM IN SUCH A CASE, THE BUYER MUST NOT RATE THE SELLER. ITEMS MAY BE RETURNED TO THE SELLER, AS ATTICHOP PERMITS, FOR A REFUND.

ANY REFUND WILL BE ISSUED BY WAY OF OR TO THE ORIGINAL FORM OF PAYMENT, OR IF A RETURN OF THE ITEM IS NOT REQUIRED, THE BUYER MAY BE ISSUED A REFUND IN ATTICHOP CREDIT. IF THE BUYER AND SELLER AGREE TO A RETURN AFTER THIS DETERMINATION, ATTICHOP MAY BE CONTACTED TO PROCESS TO THE ORIGINAL FORM OF PAYMENT. WE DO NOT PROVIDE REFUNDS OR RETURNS FOR PROHIBITED ITEMS.

TRANSACTIONS WHERE PAYMENT IS SENT OUTSIDE OF THE ATTICHOP PLATFORM ARE STRICTLY PROHIBITED BY ATTICHOP’S TERMS AND CONDITIONS AND ARE NOT PROTECTED BY OUR BUYER PROTECTION GUARANTEE. LISTINGS OR PROFILES SOLICITING SUCH TRANSACTIONS ARE SUBJECT TO IMMEDIATE TERMINATION.

REDEMPTION OF GOODS

SELLERS ARE NOTIFIED THE MOMENT A CLIENT MAKES PAYMENT ALLOWING THEM 48 HOURS TO OUTFIT THE DELIVERY OF THE PRODUCT TO THE BUYER. 

FAILURE TO DO SO, ALLOWS THE BUYER PERMISSION TO CANCEL THE SALE.

SELLERS SHOULD ALSO NOTE, THAT ALL VALID CANCELLATIONS ARE SUBJECT TO A 5% SURCHARGE OF THE ADVERTISED COST. 

RATINGS

THE REVIEW MADE BY ATTICHOP BUYERS, HELP US TO LEARN MORE ABOUT OUR SELLERS, THE PRODUCTS THEY PROVIDE AND MORE IMPORTANTLY TO ENSURE THAT OUR BUYERS ARE RECEIVING A PREMIUM PRODUCT & SERVICE. 

BUYERS ARE ASKED TO PROVIDE A RATING UPON RECEIPT OF THEIR PRODUCTS OR SERVICES. THE LIFELINE OF ANY SELLER ACCOUNT IS CONDITIONED UPON A CONSISTENTLY SATISFACTORY RATING. RECEIPT OF MORE THAN 3 UNSATISFACTORY RATINGS ON ANY SELLER ACCOUNT, EJECTS THE SELLER FROM THE ATTICHOP PLATFORM INDEFINITELY. 

ATTICHOP HAS A ZERO TOLERANCE FOR ANY REVIEW DESIGNED TO MISLEAD OR MANIPULATE THE INTEGRITY OF A SELLER. BUYERS FOUND TO BE IN BREACH OF THIS CLAUSE ARE IMMEDIATELY AND INDEFINITELY EJECTED FROM THE ATTICHOP PLATFORM.

SELLER GUIDELINES

MARKETPLACE SAFETY IS OUR TOP PRIORITY. BY FOLLOWING THE SELLER GUIDELINES, YOU HELP KEEP ATTICHOP SAFE FOR BUYERS AND SELLERS ALIKE. KEEP IN MIND THAT ALL SALES ARE FINAL ONCE THE BUYER RATES THE SELLER.

WHEN THE ITEM IS CONFIRMED DELIVERED, 

THE BUYER RATES YOU. 

THEN, YOU RATE THE BUYER TO GET PAID.

 

    • YOUR LISTING MUST BE A LEGAL ITEM OWNED BY THE SELLER

    • SELLING OF THE ITEM MUST NOT VIOLATE ANY LOCAL, STATE OR FEDERAL REGULATIONS

    •  THE ITEM MUST NOT BE ON ATTICHOP’S PROHIBITED ITEMS LIST

    • IF REQUIRED, THE SELLER MUST TRANSFER ALL RIGHTS TO OR REMOVE ANY RESTRICTIONS ON THE MERCHANDISE AT THE TIME OF PURCHASE

    • PROVIDE ALL THE DETAILS RELATED TO THE PRODUCT WHEN YOU UPLOAD. IINCLUDE WHEN NECESSARY:

    • SIZE

    • BRAND

    • CONDITION AND DESCRIBE ANY IMPERFECTIONS OR DAMAGES

    • PROOF OF AUTHENTICITY

    • QUANTITY

    • INDICATE IF THE ITEM IS USED OR BRAND NEW

    • PROVIDE CLEAR PHOTOS TAKEN BY YOU

    • PLEASE DO NOT USE STOCK PHOTOS LIFTED FROM WEBSITES

    • ATTICHOP REQUIRES THAT ALL PHOTOS MUST BE ON A WHITE BACKGROUND FOR UPLOAD

    • IF THERE ARE ANY IMPERFECTIONS, PLEASE MAKE SURE TO INCLUDE A CLEAR PHOTO TO AVOID A RETURN REQUEST

    • IF YOU’RE LISTING MORE THAN ONE ITEM, YOU MUST PROVIDE A CLEAR IMAGE OF EACH ITEM

    • EACH ITEM MUST BE LISTED SEPARATELY

    • ITEMS MUST BE PACKED PROPERLY TO ENSURE SAFE DELIVERY

    • SELECT THE PROPER WEIGHT CLASS AND ENSURE THAT THE PACKAGE MEETS DIMENSION REQUIREMENTS WHERE THE LONGEST SIDE CANNOT EXCEED 60”

    • THE SELLER IS RESPONSIBLE FOR ANY SHIPPING OVERAGES

    • DO NOT SHIP ANY HAZARDOUS MATERIAL USING A ATTICHOP PREPAID LABEL

    • SELLER MUST SHIP THE ITEM WITHIN 2 BUSINESS DAYS OF PURCHASE

NO INTEREST

ATTICHOP DOES NOT PAY INTEREST TO SELLERS ON ANY TRANSACTION. 

FEES

ATTICHOP FEES ARE TRANSACTION BASED AND HAVE A PROCESSING PLUS VALUE ADDED TAX COMPONENT. 

SELLERS AGREE TO PAY ATTICHOP A LOCAL PROCESSING FEE OF 12% PER LISTING.

BUYERS AGREE TO PAY A VALUE ADDED TAX RATE OF 12% IN ADDITION TO THE ADVERTISED RATE OF THE PRODUCT WHICH IS TOTALED AT THE END OF THE SALE (NOT INCLUDED IN THE ADVERTISED PRICE).

THE FINAL RATE INCLUSIVE OF THE PROCESSING FEE IS REVEALED TO THE SELLER UPON UPLOAD OF THE PRODUCT ALLOWING THE SELLER THE OPTION TO INCREASE OR DECREASE THE COST. THE PROCESSING FEE YIELDS TO THE COST OF THE PRODUCT AT A RATE OF 12%.

THE PROCESSING FEE IS DEDUCTED FROM THE SELLER’S EARNINGS.

VALUE ADDED TAX IS SUBJECT TO CHANGE BASED ON LAW WITHIN THE JURISDICTION WHERE THE PURCHASE WAS MADE. THIS RATE IS NOT GENERATED BY ATTICHOP.

YOU HEREBY AGREE TO COMPLY WITH ALL APPLICABLE TAX LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING REPORTING AND PAYMENT OF ANY TAXES ARISING FROM A PAYMENT TRANSACTION OR INCOME RECEIVED THROUGH SALES MADE THROUGH THE SERVICE.

ATTICHOP CHARGES A $10 PROCESSING FEE IF A DIRECT DEPOSIT TRANSFER IS REJECTED BY YOUR BANK.

SHOULD MANUAL CREDIT CARD PAYMENTS BE REQUIRED AT ANY TIME, ALL MANUAL CREDIT CARD FEES APPLY TO THE ATTICHOP USER PER BANKING CHARGES AS THEY WOULD IN A STOREFRONT. 

ALL FEES ASSOCIATED WITH SHIPPING ARE COMMUNICATED TO THE USER AT TIME OF THE TRANSACTION AND IS SOLELY THE USERS RESPONSIBILITY TO SETTLE.

ANY PAYMENT BY A BUYER IN CONNECTION WITH THE SERVICE SHALL BE MADE THROUGH ATTICHOP AND ITS PAYMENT PROCESSOR. SELLERS FOUND TO BE USING THE SERVICE SOLELY AS A VISUAL, THEREBY ACCEPTING PAYMENTS ON THE OUTSKIRTS OF THE PLATFORM ARE SUBJECT TO IMMEDIATE ACCOUNT TERMINATION. 

BUYERS ARE NOT PERMITTED TO CONDUCT PAYMENTS WITH ATTICHOP SELLERS ON ANY OTHER PLATFORM OR FACE TO FACE. PROCEEDS SHOULD PASS THROUGH THE ATTICHOP PLATFORM.

 

TRANSACTION RECORDS

BOTH ATTICHOP BUYERS AND SELLERS MAY REVIEW THEIR TRANSACTIONS WITHIN THEIR ACCOUNTS. BUYERS WILL ALSO RECEIVE A DIGITAL RECEIPT UPON PURCHASE OF GOODS OR SERVICES. 

SELLERS MAY REVIEW TRANSACTIONS FOR THE FOLLOWING: 

    • PRODUCTS OR SERVICES ACTIONED BY A BUYER

    • RECEIPT OF PAYMENT FROM ATTICHOP

BUYER MAY REVIEW TRANSACTIONS FOR THE FOLLOWING: 

    • PRODUCTS OR SERVICES ORDERED AND OR RECEIVED

IT IS YOUR OBLIGATION TO PRINT OR SAVE A COPY OF YOUR TRANSACTION HISTORY IF DESIRED. 

GOVERNING POLICIES

BY USING ATTICHOP WEBSITE, APP, MOBILE SITE OR ANY OTHER ATTICHOP PRODUCT FURTHER UNDERSTOOD TO BE ITS SERVICES, BY MAKING A PURCHASE, OR BROWSING, OR CONSIDERING ITS OFFERINGS, YOU AGREE TO BE BOUND BY THE TERMS HEREIN AS WELL AS OUR PRIVACY POLICY.

 “ATTICHOP SERVICES” MEANS THE PROVISION OF ATTICHOP SOFTWARE, DIGITAL CONTENT, & SUPPORT & OTHER SERVICES THAT WE PROVIDE TO OUR USERS OR INTERESTED USERS. ATTICHOP SOFTWARE” MEANS ALL SOFTWARE WE MAKE AVAILABLE TO YOU FOR USE ON A PRODUCT, BUT EXCLUDES THIRD-PARTY DIGITAL CONTENT. “DIGITAL CONTENT” MEANS DIGITIZED CONTENT (INCLUDING THIRD-PARTY CONTENT), SUCH AS VIDEOS, MUSIC, APPS, GAMES, SKILLS, PHOTOS, PRODUCT, AUDIO, BOOKS, SERVICES PROVIDED BY THIRD PARTIES & RELATED FEATURES & THEIR FUNCTIONALITY.

LIABILITY LIMITS 

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ATTICHOP, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, ACTUAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS. IN NO EVENT SHALL ATTICHOP’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) U.S. DOLLARS OR THE AMOUNT YOU PAID ATTICHOP IN THE PAST TWELVE MONTHS FOR SELLER FEES.

DISPUTES 

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF ANY ATTICHOP SERVICE, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY ATTICHOP OR THROUGH ATTICHOP.COM WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. 

TO BEGIN AN ARBITRATION PROCEEDING,

YOU MUST SEND A LETTER REQUESTING ARBITRATION AND

DESCRIBING YOUR CLAIM TO CLAIM SHOP@ATTICHOP.COM WITH THE SUBJECT LINE: DISPUTE. 

YOU HEREBY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS

WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED

OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. 

SELLERS AGREE TO ENSURE THAT ALL BUYER DISPUTES ARE RESOLVED BOTH SWIFTLY, REASONABLY & ACCORDING TO OUR TERMS. IN THE EVENT A DISPUTE IS DEALT WITH UNFAIRLY.

IF THERE IS A DISPUTE BETWEEN USERS, OR BETWEEN A USER AND A THIRD-PARTY WITH REGARD TO THE SERVICE, THE MATTER SHALL BE RESOLVED BY SUCH USERS AT THEIR OWN COST. ATTICHOP MAY PARTICIPATE IN THE DISPUTE AT ITS DISCRETION. 

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE ATTICHOP AND ITS ASSOCIATES 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.

SCOPE OF LICENSE

THE APP AND WEBSITE ARE LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER OUR TERMS. ATTICHOP RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU. ATTICHOP HEREBY GRANTS YOU A PERSONAL, LIMITED, REVOCABLE, NON-TRANSFERABLE LICENSE TO USE THE APP AND WEBSITE ON A SINGLE COMPATIBLE DEVICE THAT YOU OWN OR CONTROL, SOLELY FOR YOUR OWN PERSONAL USE.

YOU MAY NOT MODIFY, ALTER, REPRODUCE, DISTRIBUTE OR MAKE THE APP OR WEBSITE AVAILABLE OVER A NETWORK WHERE IT COULD BE USED BY MULTIPLE DEVICES AT THE SAME TIME. YOU MAY NOT RENT, LEASE, LEND, SELL, REDISTRIBUTE OR SUBLICENSE THE APP OR WEBSITE.

YOU MAY NOT COPY, DECOMPILE, REVERSE ENGINEER, DISASSEMBLE, ATTEMPT TO DERIVE THE SOURCE CODE OF, MODIFY, OR CREATE DERIVATIVE WORKS OF THE APP OR WEBSITE, ANY UPDATES, OR ANY PART THEREOF (EXCEPT AS AND ONLY TO THE EXTENT ANY FOREGOING RESTRICTION IS PROHIBITED BY APPLICABLE LAW OR REGULATION OR THIRD-PARTY TERMS), NOR ATTEMPT TO DISABLE OR CIRCUMVENT ANY SECURITY OR OTHER TECHNOLOGICAL MEASURE DESIGNED TO PROTECT THE APP OR WEBSITE OR ANY CONTENT AVAILABLE THROUGH THE APP OR WEBSITE.

THE SERVICE MAY INCLUDE OPEN SOURCE SOFTWARE OR THIRD-PARTY SOFTWARE. ANY SUCH SOFTWARE IS MADE AVAILABLE TO USERS UNDER THE TERMS OF THE APPLICABLE LICENSES. 

YOUR CONTENT

CONTENT THAT YOU POST USING OUR SERVICE MUST BE CONTENT YOU OWN OR HAVE THE RIGHT TO USE . THAT INCLUDES ANYTHING YOU POST USING OUR SERVICE (LIKE USERNAMES, SHOP NAMES, PROFILE PICTURES, LISTING PHOTOS, LISTING DESCRIPTIONS, REVIEWS, COMMENTS, VIDEOS, ETC.).

YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT. YOU REPRESENT THAT YOU HAVE ALL NECESSARY RIGHTS TO YOUR CONTENT AND THAT YOU’RE NOT INFRINGING OR VIOLATING ANY THIRD-PARTY’S RIGHTS BY POSTING IT.

BY POSTING YOUR CONTENT THROUGH OUR SERVICE, YOU GRANT ATTICHOP A LICENSE TO USE IT. WE DON’T CLAIM ANY OWNERSHIP TO YOUR CONTENT, BUT WE HAVE YOUR PERMISSION TO USE IT TO HELP ATTICHOP FUNCTION AND GROW. THAT WAY, WE WON’T INFRINGE ANY RIGHTS YOU HAVE TO YOUR CONTENT AND WE CAN HELP PROMOTE YOUR LISTINGS AND/OR ACCOUNT.

BY POSTING YOUR CONTENT, YOU GRANT ATTICHOP A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, IRREVOCABLE, SUB-LICENSABLE, PERPETUAL LICENSE TO USE, DISPLAY, EDIT, MODIFY, REPRODUCE, DISTRIBUTE, STORE, AND PREPARE DERIVATIVE WORKS OF YOUR CONTENT TO PROVIDE THE SERVICE AND TO PROMOTE ATTICHOP, OR THE SERVICE IN GENERAL, IN ANY FORMATS AND THROUGH ANY CHANNELS, INCLUDING ACROSS ANY ATTICHOP SERVICE OR THIRD-PARTY WEBSITE OR ADVERTISING MEDIUM.

ATTICHOP HAS GREAT RESPECT FOR INTELLECTUAL PROPERTY RIGHTS, AND IS COMMITTED TO FOLLOWING APPROPRIATE LEGAL PROCEDURES TO REMOVE INFRINGING CONTENT FROM THE SERVICE. IF CONTENT THAT YOU OWN OR HAVE RIGHTS TO HAS BEEN POSTED TO THE SERVICE WITHOUT YOUR PERMISSION AND YOU WANT IT REMOVED, PLEASE FORWARD YOUR REQUEST TO REMOVE IT IN WRITING TO SHOP@ATTICHOP.COM SHOULD IT BE FOUND THAT THE PROPERTY IS IN FACT YOURS AND HAS BEEN INFRINGED UPON, ATTICHOP WILL REMOVE IT. 

THERE ARE CERTAIN TYPES OF CONTENT WE DON’T WANT POSTED ON ATTICHOP’S SERVICES (FOR LEGAL REASONS OR OTHERWISE). YOU AGREE THAT YOU WILL NOT POST ANY CONTENT THAT IS ABUSIVE, THREATENING, NUDE, SEMI-NUDE, DEFAMATORY, OBSCENE, VULGAR OR OTHERWISE OFFENSIVE OR IN VIOLATION OF OUR PROHIBITED ITEMS POLICY, PROHIBITED CONDUCT POLICY OR ANY PART OF OUR TERMS. YOU ALSO AGREE NOT TO POST ANY CONTENT THAT IS FALSE, MISLEADING OR USES THE SERVICE IN A MANNER THAT IS FRAUDULENT OR DECEPTIVE.

SUSPENSION OR TERMINATION OF ATTICHOP SERVICES

ATTICHOP RESERVES THE RIGHT TO CHANGE, SUSPEND OR DISCONTINUE ANY OF ITS SERVICES, IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE (UNLESS REQUIRED BY LAW).

WE MAY REFUSE SERVICE TO ANYONE AND MAY TERMINATE OR SUSPEND YOUR ACCOUNT (AND ANY RELATED ACCOUNTS) AND YOUR ACCESS TO THE SERVICE IN WHOLE OR IN PART AT ANY TIME, FOR ANY REASON, WITHOUT NOTICE UNLESS REQUIRED BY LAW). FOR EXAMPLE, ATTICHOP WILL PROMPTLY TERMINATE WITHOUT NOTICE THE ACCOUNTS OF USERS WHO ARE DETERMINED BY ATTICHOP TO BE "REPEAT OFFENDERS." A REPEAT OFFENDER IS A USER WHO HAS BEEN NOTIFIED OF A VIOLATION OF OUR TERMS, ENGAGES IN INFRINGING ACTIVITY, OR HAS HAD CONTENT REMOVED FROM THE SERVICE AT LEAST TWICE. YOUR FIRST OFFENCE WILL BE FLAGGED BY EMAIL EXPLAINING THE DETAILS OF YOUR INFRACTION.

BUYERS WHO ARE REQUEST CHRONIC CANCELLATIONS OR RETURNS MAY ALSO BE SUSPENDED OR TERMINATED BY ATTICHOP AT THEIR DISCRETION.

SELLERS WHO BENEFIT FROM THE SERVICE BY IDENTIFYING A BUYER BUT NEGOTIATES PAYMENT FOR THE PRODUCT OR SERVICE OUTBOUND OF THE ATTICHOP PLATFORM IS SUBJECT TO IMMEDIATE TERMINATION FOR MISUSE OF THE PLATFORM.

IF WE TERMINATE OR SUSPEND YOUR ACCOUNT OR ACCESS TO OUR SERVICE, YOU WILL BE INFORMED BY EMAIL BY ATTICHOP. 

FURTHER YOU DON’T HAVE A CONTRACTUAL OR LEGAL RIGHT TO CONTINUE TO USE OUR SERVICE, FOR EXAMPLE, TO SELL OR BUY ON OUR WEBSITES OR APPS. WE WILL NOT BE LIABLE TO YOU FOR THE EFFECT THAT ANY CHANGES TO THE SERVICE MAY HAVE ON YOU, INCLUDING YOUR INCOME OR YOUR ABILITY TO GENERATE REVENUE THROUGH THE SERVICE.

YOU REMAIN RESPONSIBLE FOR FEES, CHARGEBACKS/FUNDS REVERSALS, RETURNS OR REFUNDS REQUESTED AND REMAIN OBLIGATED TO RESOLVE ANY DISPUTES WITH OTHER USERS THAT ARE A RESULT OF PURCHASES OR SALES OF GOODS OCCURRING PRIOR TO TERMINATION/SUSPENSION.

GOVERNING LAW & JURISDICTION

THESE TERMS SHALL BE GOVERNED AND CONSTRUED UNDER THE LAWS OF THE UNITED STATES OF AMERICA. 

SHIPPING & DELIVERY

IF THERE IS A DELIVERY COST ASSOCIATED WITH THE PRODUCT LISTED BY A SELLER, THE SELLER AGREES TO INCLUDE THAT RATE IN THE LISTED PRODUCT PRICE. IF SHIPPING IS FREE, FREE SHIPPING SHOULD BE SELECTED UPON PRODUCT UPLOAD. 

IF ATTICHOP IS CONTACTED BY THE SHIPPING CARRIER AND/OR IF ATTICHOP IS CHARGED FOR POSTAGE OR IF ATTICHOP IS CHARGED DUE TO USE OF INCORRECT SHIPPING LABELS OR WEIGHT CLASSIFICATIONS, YOU HEREBY AGREE THAT ATTICHOP MAY REMOVE THE AMOUNT PAID TO THE SHIPPING CARRIER ON YOUR BEHALF FROM YOUR EXISTING OR FUTURE ACCOUNT BALANCE.

RELATIONSHIP BETWEEN SELLER, BUYER & ATTICHOP

YOU, AS A BUYER, AGREE THAT PURCHASES MADE THROUGH THE SERVICE ARE TRANSACTIONS BETWEEN YOU AND THE SELLER, NOT WITH ATTICHOP OR ITS AFFILIATES. ATTICHOP AND ITS AFFILIATES ARE NOT PARTIES TO YOUR PAYMENT TRANSACTION WITH THE SELLER. YOU ALSO AGREE THAT ATTICHOP SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY PAYMENTS MADE THROUGH ATTICHOP’S DESIGNATED PAYMENT PROCESSOR.

CONTACT & OFFERS

BY BECOMING AN ATTICHOP USER, YOU SUBSCRIBE TO RECEIVE ATTICHOP OFFERS, UPDATES AND DISCOUNTS. YOU FURTHER AGREE TO BE COMMUNICATED WITH BY PHONE, EMAIL AND TEXT MESSAGE WITH THE OPTION TO UNSUBSCRIBE IN EACH CASE. ATTICHOP PROMISES TO NEVER SELL OR DISTRIBUTE YOUR CONTACT INFORMATION TO ANY THIRD PARTY OR ENTITY (UNLESS REQUIRED TO DO SO BY LAW.)

YOU AGREE AND CONSENT TO RECEIVE ALL COMMUNICATIONS ELECTRONICALLY. COMMUNICATIONS, AGREEMENTS, DOCUMENTS, NOTICES AND DISCLOSURES (COLLECTIVELY, "COMMUNICATIONS") THAT WE PROVIDE IN CONNECTION WITH YOUR ATTICHOP ACCOUNT AND YOUR USE OF OUR SERVICES. COMMUNICATIONS INCLUDE:

    • AGREEMENTS AND POLICIES YOU AGREE TO (E.G., ATTICHOP TERMS OF USE AND THE ATTICHOP PRIVACY POLICY), INCLUDING UPDATES TO THESE AGREEMENTS OR POLICIES;

    • TRANSACTION RECEIPTS OR CONFIRMATIONS;

    • ACCOUNT STATEMENTS AND HISTORY;

    • FEDERAL AND STATE TAX STATEMENTS WE ARE REQUIRED TO MAKE AVAILABLE TO YOU; AND ANY OTHER ACCOUNT, ATTICHOP FUNDS ACCOUNT, OR TRANSACTION INFORMATION.

    • WE WILL PROVIDE THESE COMMUNICATIONS TO YOU BY POSTING THEM ON THE ATTICHOP WEBSITE AND/OR BY EMAILING THEM TO YOU AT THE PRIMARY EMAIL ADDRESS LISTED WITHIN IN YOUR ATTICHOP PROFILE.

NOTIFICATIONS

IF ATTICHOP DETERMINES THAT THERE IS A NEED TO NOTIFY OR CONTACT A USER, WE WILL DO SO BY SENDING A TEXT MESSAGE, EMAIL, OR LETTER USING THE CONTACT INFORMATION PROVIDED BY THE USER. ALTERNATIVELY, THE NOTICE MAY BE DISPLAYED ON THE APP OR THE WEBSITE, WITHIN HIGHLIGHTED AREAS OR MAY USE A HIGHLIGHT TO INFORM YOU OF A CHANGE THAT YOU SHOULD MAKE NOTE OF ON YOUR OWN. ATTICHOP SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED DUE TO THE FACT THAT ATTICHOP’S NOTICE OR COMMUNICATION WAS NOT RECEIVED OR WAS DELAYED. ATTICHOP FURTHER ENCOURAGES ITS USERS AS TO WHITE LIST ATTICHOP WITHIN THEIR EMAILS TO AVOID MISSING IMPORTANT NOTIFICATIONS.

YOU MAY CONTACT ATTICHOP BY EMAILING US AT SHOP@ATTICHOP.COM

PROHIBITED ITEMS

ATTICHOP PROHIBITS THE LISTING OR SALE OF ANY ITEM THAT IS SET FORTH IN THE LIST OF PROHIBITED ITEMS. IF A SELLER LISTS A PROHIBITED ITEM, IT WILL BE DEEMED A VIOLATION OF OUR TERMS OF SERVICE REGARDLESS OF WHETHER THE SELLER ACTED INTENTIONALLY OR NOT. IF ATTICHOP FINDS THAT A LISTING IS IN VIOLATION OR IS OTHERWISE INAPPROPRIATE, ATTICHOP MAY, AT ITS DISCRETION, REMOVE THE LISTING AND CANCEL ANY RELATED TRANSACTIONS UP TO AND INCLUDING TERMINATION OR SUSPENSION OF THE ACCOUNT AND ACCOUNT HOLDERS ABILITY TO UTILIZE OUR SERVICES IN THE FUTURE.

 

ATTICHOP MAY NOT BE USED IN CONNECTION WITH ANY PRODUCT, SERVICE, TRANSACTION OR ACTIVITY THAT IN GENERAL:

    • VIOLATES ANY LAW OR GOVERNMENT REGULATION, OR PROMOTES OR FACILITATES SUCH ACTION BY THIRD PARTIES;

    • IS FRAUDULENT, DECEPTIVE, UNFAIR OR PREDATORY;

    • IS IN COMPETITION WITH ATTICHOP;

    • CAUSES OR THREATENS TO DAMAGE ATTICHOP’S REPUTATION;

    • VIOLATES THE TERMS OF ANY BANK, CARD OR ELECTRONIC FUNDS TRANSFER NETWORK;

    • RESULTS IN OR CREATES A SIGNIFICANT RISK OF CHARGEBACKS, PENALTIES, DAMAGES OR OTHER HARM OR LIABILITY;

 

THE LIST OF PROHIBITED ITEMS MAY BE UPDATED FROM TIME TO TIME AT ATTICHOP’S DISCRETION. EXAMPLES OF ITEMS THAT FALL UNDER CERTAIN CATEGORIES MAY ALSO BE EXPANDED TO PROVIDE BETTER COMMUNICATION AND CONTEXT TO OUR USERS.

 

ATTICHOP MAY NOT BE USED TO SELL ANY OF THE FOLLOWING PRODUCTS OR SERVICES:

    • ANYTHING ILLEGAL

    • DRUGS INCLUDING:

        ◦ ILLEGAL DRUGS OR NARCOTICS

        ◦ PRESCRIPTION MEDICINES OR DEVICES, PHARMACEUTICALS, OR OVER THE COUNTER DRUGS

        ◦ PRODUCTS, TOOLS, OR SERVICES SPECIFICALLY OFFERED OR INTENDED TO BE USED TO CREATE OR USE DRUGS

        ◦ GROW INGREDIENTS FOR DRUGS (SUCH AS SEEDS FOR CANNABIS PLANTS)

    • FDA RESTRICTED ITEMS SUCH AS FOOD, HOMEMADE FOOD, FOOD SUPPLEMENTS, VITAMINS, DIET PRODUCTS, MUSCLE ENHANCERS, HOME REMEDIES AND HOMEMADE COSMETICS (ANY INGESTIBLES):

        ◦ LISTINGS OR ITEMS DESCRIPTIONS THAT OFFER MIRACLE CURES SUCH AS “ANTI-AGING”, “CANCER PROTECTION”

        ◦ LISTINGS THAT MAKE FALSE HEALTH CLAIMS OR MISUSE TERMS (SUCH AS “VIRUS”, "EPIDEMIC OR PANDEMIC")

        ◦ ITEMS THAT CONTAIN CANNABIDIOL (CBD)

    • INFLATED PRICES WHERE LISTINGS ATTEMPT TO PROFIT FROM TRAGEDIES AND DISASTERS (SUCH AS “PARADISE FIRES”, “CORONAVIRUS OUTBREAK”, HURRICANES, FLOODING, TSUNAMIS AND OTHER NATURAL DISASTERS. ETC)

    • STOLEN GOODS:

        ◦ NOTE: IF A PURCHASED ITEM IS REPORTED AS STOLEN, A DEMAND FOR RETURN MAY BE RECEIVED FROM THE VICTIM OR ANOTHER PARTY, AND THE ITEM MAY BE CONFISCATED ACCORDING TO THE REGULATIONS OF THE CODE OF CRIMINAL PROCEDURE (ACT NO. 131 OF 1948).

    • COUNTERFEIT GOODS OR GOODS INFRINGING ON A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS:

        ◦ LISTINGS OF NON-BRAND, NON-GENUINE, IMITATION, FAKE, OR REPLICA

        ◦ ITEMS IN VIOLATION OF A COPYRIGHT, INCLUDING HANDMADE, OR OTHER ITEMS WITH COPYRIGHTED CHARACTERS, BRAND LOGOS, ETC.

        ◦ NOTE: FOR BRAND-NAME PRODUCTS, SERIAL NUMBERS OR RECEIPTS MUST BE AVAILABLE WHEN LISTING THE ITEM.

    • WEAPONS INCLUDING:

        ◦ FIREARMS AND FIREARM PARTS; INCLUDING AIRSOFT AND BB GUNS

        ◦ KNIVES SUCH AS SWITCHBLADES, BUTTERFLY KNIVES, KNIVES THAT ARE CONCEALED OR HIDDEN WITHIN OTHER OBJECTS, OR ARE MADE OF MATERIALS THAT CANNOT BE DETECTED WITH A METAL DETECTOR

        ◦ EXPLOSIVES OR MILITARY ORDINANCE

        ◦ SELF DEFENSE WEAPONS

    • ALCOHOL

    • TOBACCO PRODUCTS:

        ◦ CIGARETTES

        ◦ E-CIGARETTES, E-HOOKAHS, OR OTHER VAPORIZING INSTRUMENTS THAT CONTAIN NICOTINE OR ARE ASSOCIATED WITH TOBACCO OR NICOTINE USAGE

        ◦ VAPORIZING LIQUID WITHOUT NICOTINE

    • ITEMS USED FOR IDENTITY THEFT (SUCH AS ACCOUNT CREDENTIALS, USER LOGIN INFORMATION, AND/OR ACCOUNT ACCESS CODES)

    • ITEMS NOT IN YOUR POSSESSION:

        ◦ DROPSHIPPING

        ◦ ADVERTISEMENTS OR LISTINGS FOR OBJECTS BEING SOUGHT

        ◦ ITEMS YOU DO NOT CURRENTLY HAVE THAT ARE ON ORDER

        ◦ COUPONS TO PURCHASE PRODUCTS

    • ITEMS THAT ARE A SAFETY HAZARD

        ◦ NOTE: FLAMMABLE OR COMBUSTIBLE LIQUIDS AND ANY OTHER ITEMS THAT REQUIRE SPECIAL MAILING OR HANDLING INSTRUCTIONS MUST BE SENT USING THE SHIP ON YOUR OWN OPTION.

    • PRODUCTS DESIGNED TO CIRCUMVENT COPYRIGHT PROTECTION TECHNIQUES OR OTHERWISE FACILITATE THE UNLICENSED USE OF COPYRIGHT MATERIALS (SUCH AS "MOD CHIPS" TO BREAK THE ENCRYPTION ON GAME COMPUTERS TO ALLOW THE PLAYING OF UNLICENSED GAME COPIES)

    • AGE RESTRICTED PRODUCTS OR PRODUCTS THAT REQUIRE A LEGAL APPROVAL, SELLER/BUYER REGISTRATION OR LICENSES TO BE SOLD

    • GAMBLING, INCLUDING USING THIS SERVICE FOR RAFFLES AND MYSTERY PURCHASES

    • FINANCIAL PRODUCTS AND SERVICES SUCH AS:

        ◦ BONDS, SECURITIES, WARRANTIES AND INSURANCE

        ◦ ALL CURRENCY IN CIRCULATION OF ANY DENOMINATION EXCEPT COLLECTIBLES

        ◦ PRECIOUS METALS INCLUDING BULLION OR BARS

        ◦ BUYING AND SELLING GIFT CARDS OR PREPAID CARDS

    • LIVE ANIMALS OR TRAFFICKED MATERIALS (SUCH AS IVORY OR SHARK FINS)

    • ANY ITEM THAT CONTAINS A COMPUTER VIRUS, MALWARE, OR SPYWARE

    • DIGITAL ITEMS - ANY ITEMS WHERE THE ORDER IS FULFILLED ELECTRONICALLY OR REQUIRES A DOWNLOAD SUCH AS:

        ◦ EBOOKS, PDF FILES, USER GENERATED CONTENT (UGC) OR ITEMS FOR ONLINE GAMES

        ◦ EXCEPTION: DIGITAL GAMING ITEMS LISTED THROUGH ATTICHOP.GG ARE ALLOWED; DIGITAL ITEMS LISTED ON ATTICHOP.COM ARE PROHIBITED

    • HUMANS, HUMAN BODY PARTS, ORGANS, CELLS, BLOOD, BODY FLUIDS, AND ITEMS THAT ARE SOILED WITH HUMAN MATERIALS SUCH AS USED UNDERWEAR

    • EXPLICIT ITEMS:

        ◦ SEXUALLY EXPLICIT ITEMS SUCH AS SEX TOYS AND FETISH ITEMS

    • OFFENSIVE LISTINGS:

        ◦ ITEMS, LISTINGS, PHOTOS OR CONTENT THAT PROMOTE OR GLORIFY HATRED, VIOLENCE, RACISM OR DISCRIMINATION AREN'T ALLOWED (DETERMINED AT OUR DISCRETION).

NOTE: ANY ITEM MAY BE REMOVED OR ADDED AT THE DISCRETION OF THE COMPANY.

PROHIBITED CONDUCT

BY USING OUR SERVICE, YOU AGREE TO FOLLOW THE RULES AND MANNERS AS INCLUDED IN OUR SUPPORT CENTER AND IN OUR TERMS AND POLICIES. BY USING OUR SERVICE, YOU AGREE NOT TO ENGAGE IN THE FOLLOWING PROHIBITED CONDUCT:

    • USING THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW OR REGULATION; VIOLATE, OR ENCOURAGE OTHERS TO VIOLATE, ANY RIGHT OF A THIRD PARTY, INCLUDING BY INFRINGING OR MISAPPROPRIATING ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT;

    • POSTING, UPLOADING, OR DISTRIBUTING ANY USER CONTENT OR OTHER CONTENT THAT IS UNLAWFUL, DEFAMATORY, LIBELOUS, INACCURATE, OR THAT A REASONABLE PERSON COULD CONSIDER OBJECTIONABLE, PROFANE, INDECENT, PORNOGRAPHIC, HARASSING, THREATENING, EMBARRASSING, HATEFUL, OFFENSIVE OR OTHERWISE INAPPROPRIATE;

    • COMMUNICATING, POSTING, LISTING, OR SOLICITING ANY ITEMS OR ENGAGING IN ANY CONDUCT THAT GLORIFIES HATRED, VIOLENCE, INTOLERANCE OR DISCRIMINATION BASED ON RELIGION, SEXUAL ORIENTATION, GENDER, RACE, OR ETHNIC BACKGROUND.

    • INTERFERING WITH SECURITY-RELATED FEATURES OF THE SERVICE, INCLUDING BY: (A) DISABLING OR CIRCUMVENTING FEATURES THAT PREVENT OR LIMIT USE OR COPYING OF ANY CONTENT; OR (B) REVERSE ENGINEERING OR OTHERWISE ATTEMPTING TO DISCOVER THE SOURCE CODE OF ANY PORTION OF THE SERVICE EXCEPT TO THE EXTENT THAT THE ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW OR REGULATION;

    • INTERFERING WITH THE OPERATION OF THE SERVICE OR ANY USER’S ENJOYMENT OF THE SERVICE, INCLUDING BY: (A) UPLOADING OR OTHERWISE DISSEMINATING ANY VIRUS, ADWARE, SPYWARE, WORM, OR OTHER MALICIOUS CODE; (B) MAKING ANY UNSOLICITED OFFER OR ADVERTISEMENT TO ANOTHER USER OF THE SERVICE; (C) ATTEMPTING TO COLLECT, PERSONAL INFORMATION ABOUT ANOTHER USER OR THIRD PARTY WITHOUT CONSENT; OR (D) INTERFERING WITH OR DISRUPTING ANY NETWORK, EQUIPMENT, OR SERVER CONNECTED TO OR USED TO PROVIDE THE SERVICE, OR VIOLATING ANY REGULATION, POLICY, OR PROCEDURE OF ANY NETWORK, EQUIPMENT, OR SERVER; USE ANY ROBOT, SPAMBOT, SPIDER, CRAWLER, SCRAPER OR OTHER AUTOMATED MEANS OR INTERFACE NOT PROVIDED BY US TO ACCESS THE SERVICE OR TO EXTRACT DATA;

    • PERFORMING ANY FRAUDULENT ACTIVITY INCLUDING IMPERSONATING ANY PERSON OR ENTITY, CLAIMING A FALSE AFFILIATION, ACCESSING ANY OTHER SERVICE ACCOUNT WITHOUT PERMISSION, OR FALSIFYING YOUR AGE, DATE OF BIRTH OR OTHER INFORMATION;

    • SELLING OR OTHERWISE TRANSFERRING THE ACCESS GRANTED UNDER THESE TERMS OR ANY RIGHT OR ABILITY TO VIEW, ACCESS, OR USE ANY MATERIAL.

    • ATTICHOP MAY TAKE ANY OF THE FOLLOWING ACTIONS ON AN ACCOUNT THAT HAS VIOLATED OUR POLICIES OR IF ATTICHOP SUSPECTS PROHIBITED CONDUCT HAS OCCURRED:

    • WE MAY CONTACT USERS OR UTILIZE A THIRD PARTY VERIFICATION SERVICE TO VERIFY USER INFORMATION.

    • WE MAY UPDATE OUR LIST OF PROHIBITED CONDUCT FROM TIME TO TIME. THE FOLLOWING IS A LIST OF ACTIONS ATTICHOP RESTRICTS USERS FROM PARTICIPATING IN:

 

TRANSACTIONS:

    • ENCOURAGING PAYMENTS OR DONATIONS OUTSIDE OF ATTICHOP

    • PROPOSING OR COMPLETING A TRANSACTION IN PERSON

    • PROPOSING A TRADE, EXCHANGE, PARTIAL EXCHANGE, OR SWAP

    • TWO MEMBERS REDUCING THE PRICE OF THEIR OWN ITEMS AND PURCHASING FROM EACH OTHER

    • REQUIRING OR ENCOURAGING A DIRECT TRANSFER OF A PRODUCT

    • SHIPPING INTERNATIONALLY

    • SHIPPING DIRECTLY FROM A MANUFACTURER

    • SELECTING INAPPROPRIATELY PRICED SHIPPING LABELS

    • PROPOSING PAYMENT FOR ALL OR PART OF THE ITEM ON DELIVERY

    • RETURNS UNAUTHORIZED BY ATTICHOP

    • ASKING A BUYER TO RATE A TRANSACTION BEFORE THE ITEM IS RECEIVED

    • USING ATTICHOP FOR THE PURPOSE OF MONEY LAUNDERING

    • USING ATTICHOP TO BUY AND SELL FROM YOURSELF, OR TO SEND FUNDS TO YOURSELF

    • PROVIDING INVALID TRACKING

 

ACCOUNTS:

    • HAVING MULTIPLE ATTICHOP ACCOUNTS

    • CREATING A NEW ACCOUNT AFTER BEING LIMITED OR PERMANENTLY BANNED

    • CREATING A NEW ACCOUNT TO BYPASS RESTRICTIONS ON ANOTHER ACCOUNT

    • EARNING ATTICHOP CREDITS THROUGH MULTIPLE ACCOUNTS

 

LISTINGS:

    • LISTING A PROHIBITED ITEM

    • CREATING MULTIPLE LISTINGS OF THE SAME ITEM

    • EXCESSIVE REPOSTING OF PREVIOUSLY LISTED ITEMS

    • LISTING AN ITEM THAT IS NOT ACTUALLY FOR SALE

    • LISTING ITEMS WITHOUT THE INTENT TO SELL

    • LISTING ITEMS WITH THE INTENT TO SELL TO CERTAIN USERS ONLY

    • USING A STOCK OR ADVERTISEMENT PHOTO AS THE ONLY IMAGE

    • USING PHOTOS THAT YOU DO NOT OWN OR HAVE TAKEN YOURSELF

    • USING ANOTHER MEMBER'S PHOTOS OR WORDS WITHOUT THEIR CONSENT

    • LISTING AN EXCESSIVE AMOUNT OF SEARCH KEYWORDS

    • SETTING UNRELATED CATEGORIES

    • SETTING A FALSE BRAND

    • LISTINGS THAT DO NOT SPECIFY SIZE, COLOR, QUANTITY, ETC.

    • LISTINGS THAT REQUIRE USERS TO SPECIFY SIZE, COLOR, QUANTITY, ETC.

    • LISTING IN AUCTION, RAFFLE, OR GIVEAWAY FORMAT

    • LISTING FREE ITEMS FOR PURCHASE

    • PROMOTING OR ADVERTISING THE USE OF ATTICHOP CREDITS

    • LISTING ANOTHER USER’S PERSONAL INFORMATION IN A MANNER OTHER THAN SPECIFIED BY ATTICHOP

    • LISTING A SINGLE PRODUCT WITH THE PURCHASE PRICE DIVIDED INTO MULTIPLE PARTS

    • LISTING AN ITEM THAT PROMOTES HATRED, VIOLENCE OR DISCRIMINATION

 

SOLICITATIONS:

    • SOLICITING USERS TO AN EXTERNAL WEBSITE

    • SOLICITING TRANSACTIONS TO AN EXTERNAL WEBSITE

    • SOLICITING USERS TO PROVIDE PERSONAL INFORMATION

    • SOLICITING OTHER USERS TO LIST PROHIBITED ITEMS OR ENGAGE IN PROHIBITED CONDUCT

    • SOLICITING DONATIONS WHETHER OR NOT ASSOCIATED WITH A LISTING

 

OTHER:

    • THREATS

    • SLANDER

    • TROLLING

    • INDECENT BEHAVIOR

    • SPAMMING

    • COPYRIGHT INFRINGEMENT

    • POSTING FALSE INFORMATION

    • ABUSE OF THE INVITE CREDITS SYSTEM BY OFFERING INDEPENDENT REWARDS FOR USERS SIGNING UP

    • ACTIONS FOR THE INTENTIONS OF DATING

DO NOT HESITATE TO CONTACT ATTICHOP IF YOU COME ACROSS OR ARE SOLICITED FOR SUCH ACTIONS.

 

UPDATING YOUR CONTACT INFORMATION

IT IS YOUR RESPONSIBILITY TO KEEP YOUR PRIMARY EMAIL ADDRESS UP TO DATE SO THAT ATTICHOP MAY COMMUNICATE WITH YOU ELECTRONICALLY. YOU UNDERSTAND AND AGREE THAT IF ATTICHOP SENDS YOU AN ELECTRONIC COMMUNICATION BUT YOU DO NOT RECEIVE IT BECAUSE YOUR PRIMARY EMAIL ADDRESS THAT IS ON FILE IS INCORRECT, OUT OF DATE, BLOCKED BY YOUR SERVICE PROVIDER, OR YOU ARE OTHERWISE UNABLE TO RECEIVE ELECTRONIC COMMUNICATIONS, ATTICHIP WILL BE DEEMED TO HAVE PROVIDED THE COMMUNICATION TO YOU. 

 

PLEASE NOTE THAT IF YOU USE A SPAM FILTER THAT BLOCKS OR RE-ROUTES EMAILS FROM SENDERS NOT LISTED IN YOUR EMAIL ADDRESS BOOK, YOU MUST ADD ATTICHO TO YOUR EMAIL ADDRESS BOOK SO THAT YOU WILL BE ABLE TO RECEIVE THE COMMUNICATIONS WE SEND TO YOU. YOU CAN UPDATE YOUR PRIMARY EMAIL ADDRESS OR STREET ADDRESS AT ANY TIME HERE. IF YOUR EMAIL ADDRESS BECOMES INVALID SUCH THAT ELECTRONIC COMMUNICATIONS SENT TO YOU BY ATTICHOP ARE RETURNED, ATTICHOP MAY DEEM YOUR ACCOUNT TO BE INACTIVE, AND YOU WILL NOT BE ABLE TO TRANSACT ANY ACTIVITY USING YOUR ATTICHOP ACCOUNT UNTIL WE RECEIVE A VALID, WORKING PRIMARY EMAIL ADDRESS FROM YOU.

HARDWARE AND SOFTWARE REQUIREMENTS

IN ORDER TO ACCESS AND RETAIN ELECTRONIC COMMUNICATIONS, YOU WILL NEED THE FOLLOWING COMPUTER HARDWARE AND SOFTWARE:

    • A COMPUTER OR MOBILE DEVICE WITH AN INTERNET CONNECTION;

    • A CURRENT WEB BROWSER THAT INCLUDES 128-BIT ENCRYPTION (E.G. INTERNET EXPLORER VERSION 6.0 AND ABOVE, FIREFOX VERSION 2.0 AND ABOVE, CHROME VERSION 3.0 AND ABOVE, OR SAFARI 3.0 AND ABOVE) WITH COOKIES ENABLED;

    • ADOBE ACROBAT READER VERSION 8.0 AND ABOVE TO OPEN DOCUMENTS IN .PDF FORMAT;

    • A VALID EMAIL ADDRESS (YOUR EMAIL ADDRESS ON FILE WITH ATTICHOP); AND SUFFICIENT STORAGE SPACE TO SAVE PAST COMMUNICATIONS OR AN INSTALLED PRINTER TO PRINT THEM.

WE WILL NOTIFY YOU IF THERE ARE ANY MATERIAL CHANGES TO THE HARDWARE OR SOFTWARE NEEDED TO RECEIVE ELECTRONIC COMMUNICATIONS FROM ATTICHOP. BY CREATING AN ACCOUNT YOU ARE GIVING YOUR CONSENT AND CONFIRMING THAT YOU HAVE ACCESS TO THE NECESSARY EQUIPMENT AND ARE ABLE TO RECEIVE, OPEN, AND PRINT OR DOWNLOAD A COPY OF ANY COMMUNICATIONS FOR YOUR RECORDS. YOU MAY PRINT OR SAVE A COPY OF THESE COMMUNICATIONS FOR YOUR RECORDS AS THEY MAY NOT BE ACCESSIBLE ONLINE AT A LATER DATE.

 

MISCELLANEOUS

THESE TERMS DO NOT CREATE ANY AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYMENT OR FRANCHISEE RELATIONSHIP BETWEEN YOU AND ATTICHOP.

THE TERMS, INCLUDING THE POLICIES AND OTHER DOCUMENTS INCORPORATED BY REFERENCE HEREIN, SUPERSEDE ANY OTHER AGREEMENT BETWEEN YOU AND ATTICHOP REGARDING THE SERVICE.

IF ANY PART OF THE TERMS IS FOUND TO BE UNENFORCEABLE, THAT PART WILL BE LIMITED TO THE MINIMUM EXTENT NECESSARY SO THAT THE TERMS WILL OTHERWISE REMAIN IN FULL FORCE AND EFFECT.

OUR FAILURE TO ENFORCE ANY PART OF THE TERMS IS NOT A WAIVER OF OUR RIGHT TO LATER ENFORCE THAT OR ANY OTHER PART OF THE TERMS. WE MAY ASSIGN ANY OF OUR RIGHTS AND OBLIGATIONS UNDER THE TERMS.

THE TERMS WILL REMAIN IN EFFECT EVEN AFTER YOUR ACCESS TO THE SERVICE IS TERMINATED, OR YOUR USE OF THE SERVICE ENDS.

YOU MAY NOT ASSIGN OR TRANSFER THESE TERMS OR YOUR RIGHTS UNDER THESE TERMS, IN WHOLE OR IN PART, BY OPERATION OF LAW OR OTHERWISE, WITHOUT OUR PRIOR WRITTEN CONSENT. WE MAY ASSIGN THESE TERMS AT ANY TIME WITHOUT CONSENT.

 

REDEEMING EARNINGS & THEIR EARNINGS LIMITATIONS

AFTER A TRANSACTION IS COMPLETE AND GOODS HAVE BEEN DELIVERED TO THE BUYER;

AND AFTER THE BUYER HAS RATED THE SELLER;

AND AFTER THE RATING HAS BEEN RECEIVED BY ATTICHOP AND IS SATISFACTORY;

FUNDS RECEIVED FROM THE BUYER LESS THE TRANSACTION FEE IS THEN TRANSFERRED TO THE BANK ACCOUNT PROVIDED BY THE SELLER.

THIS CAN TAKE A MINIMUM OF 24 HOURS AND UP TO 36 HOURS POST DELIVERY.

AN EMAIL IS THEN SENT TO THE SELLER TO NOTIFY THEM OF THE TRANSFER

THE TRANSACTION IS COMPLETED.

A SELLER WHOSE USER INFORMATION HAS NOT BEEN VERIFIED AND CONFIRMED BY ATTICHOP, MAY NOT COMPLETE SALES THROUGH THE SERVICE.

ATTICHOP AND/OR ITS BANKS OR PROCESSORS MAY IMPOSE ADDITIONAL LIMITATIONS ON THE DOLLAR AMOUNT OR THE FREQUENCY OF BANK DEPOSITS OR USE OF EARNINGS; THESE LIMITATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE AND ARE NOT DESIGNED BY ATTICHOP BUT ARE RULES TO WHICH WE MUST COMPLY.

 

REQUESTING PAPER COPIES OF ELECTRONIC COMMUNICATIONS

IF, AFTER YOU CONSENT TO RECEIVE COMMUNICATIONS ELECTRONICALLY, YOU WOULD LIKE A PAPER COPY OF A COMMUNICATION WE PREVIOUSLY SENT YOU, YOU MAY REQUEST A COPY WITHIN 180 DAYS OF THE DATE WE PROVIDED THE COMMUNICATION TO YOU BY CONTACTING US AS DESCRIBED ABOVE. WE WILL SEND YOUR PAPER COPY TO YOU BY U.S. MAIL. IN ORDER FOR US TO SEND YOU PAPER COPIES, YOU MUST HAVE A CURRENT STREET ADDRESS ON FILE ADDRESS IN YOUR ATTICHOP USER PROFILE. IF YOU REQUEST PAPER COPIES, YOU UNDERSTAND AND AGREE THAT ATTICHOP MAY CHARGE YOU A RECORDS REQUEST FEE FOR EACH COMMUNICATION.

 

INFORMATION REQUESTED BY LAW ENFORCEMENT

REQUESTS FOR CUSTOMER INFORMATION

PER OUR PRIVACY POLICY AND TERMS OF SERVICE, ATTICHOP DOES NOT RELEASE NON-PUBLIC INFORMATION ABOUT OUR CUSTOMERS UNLESS IT IS LAWFULLY REQUESTED (FOR EXAMPLE, VIA SUBPOENA, COURT ORDER, OR SEARCH WARRANT). WHEN PRESENTED WITH AN OFFICIAL LEGAL REQUEST, WE WILL DISCLOSE SPECIFICALLY REQUESTED INFORMATION SO LONG AS WE ARE REASONABLY ABLE TO LOCATE AND RETRIEVE IT.

IF YOU ARE A MEMBER OF LAW ENFORCEMENT OR ANOTHER GOVERNMENT AGENCY AND WISH TO REQUEST SPECIFIC CUSTOMER INFORMATION VIA AN OFFICIAL LEGAL PROCESS, PLEASE PROVIDE AS MUCH INFORMATION AS POSSIBLE TO HELP US IDENTIFY THE RELEVANT ACCOUNT(S) AND/OR TRANSACTION(S) IN QUESTION. WE ARE UNABLE TO PROCESS OVERLY BROAD OR VAGUE REQUESTS.

ANY OFFICIAL LEGAL REQUEST SHOULD ALSO INCLUDE THE FOLLOWING INFORMATION SO THAT WE CAN VERIFY ITS ORIGIN:

AGENCY NAME

AGENCY OFFICIAL EMAIL ADDRESS

AGENT NAME AND BADGE/ID NUMBER

AGENT OFFICIAL EMAIL ADDRESS

AGENT PHONE NUMBER (+ EXTENSION, IF APPLICABLE)

VERIFIABLE PHYSICAL RETURN ADDRESS

CASE REFERENCE NUMBER OR OTHER CASE IDENTIFYING PARAMETER

LAW ENFORCEMENT AND OTHER GOVERNMENT AGENCIES MAY SUBMIT REQUESTS THROUGH THE FOLLOWING CHANNELS:

EMAIL: SHOP@ATTICHOP.COM

PHYSICAL MAIL: 

ATTICHOP  

3000 NW 59TH ST UNIT2

FT LAUDERDALE  FL, 33309 USA

​CONTACT NUMBER: 754-307-9501

PLEASE NOTE THAT ACCEPTANCE OF LEGAL PROCESS VIA THESE CHANNELS IS FOR CONVENIENCE AND DOES NOT WAIVE ANY OBJECTIONS INCLUDING, BUT NOT LIMITED TO, LACK OF JURISDICTION, LACK OF VERIFICATION OF SUBPOENA, OR PROPER SERVICE. REQUESTS SUBMITTED THROUGH EMAIL WILL RESULT IN A FASTER RESPONSE, AS MAIL MAY CAUSE DELAYS.

SUBPOENA PROCESSING MAY BE SUBJECT TO A $25 PER HOUR FEE.

ATTICHOP WILL NOT RESPOND TO CORRESPONDENCE SENT BY NON–LAW ENFORCEMENT/GOVERNMENT AGENCIES, NOR INDIVIDUALS TO THE ADDRESSES ABOVE.

HOW LONG WILL IT TAKE TO RECEIVE RECORDS IN RESPONSE TO MY LEGAL PROCESS?

TURNAROUND TIME FOR PROPERLY FORMATTED AND SIGNED REQUESTS IS APPROXIMATELY 10 DAYS.

 

BUYER GUIDELINES

LAW ENFORCEMENT INFORMATION

ATTICHOP HELPS PEOPLE SELL, LIST AND TRANSACT ONLINE TO SELL AND BUY GOODS. THE FOLLOWING TERMS MAY APPLY, DEPENDING ON HOW YOU USE OUR SERVICE.

SELLER RULES - IF YOU LIST ANY ITEMS FOR SALE, THESE ADDITIONAL POLICIES APPLY TO YOU.

BUYER RULES - IF YOU USE OUR SERVICE TO BROWSE OR PURCHASE, THESE ADDITIONAL POLICIES APPLY TO YOU.

INTELLECTUAL PROPERTY OWNERS - IF YOU ARE THE OWNER OR AUTHORIZED AGENT OF THE OWNER OF COPYRIGHTED OR OTHER PROTECTED INTELLECTUAL PROPERTY, THE DIGITAL MILLENNIUM COPYRIGHT POLICY DESCRIBES YOUR RIGHTS AND OBLIGATIONS TO HAVE YOUR CONTENT REMOVED FROM THE APP.

LAW ENFORCEMENT AND INFORMATION REQUESTS - IF YOU ARE CONTACTING US TO REQUEST INFORMATION ABOUT A USER OR TRANSACTION FROM AN AUTHORIZED LAW ENFORCEMENT AGENCY THIS PROCESS APPLIES TO YOU: 

REQUESTS FOR CUSTOMER INFORMATION

PER OUR PRIVACY POLICY AND TERMS OF USE, ATTICHOP DOES NOT RELEASE NON-PUBLIC INFORMATION ABOUT OUR CUSTOMERS UNLESS IT IS LAWFULLY REQUESTED (FOR EXAMPLE, VIA SUBPOENA, COURT ORDER, OR SEARCH WARRANT). WHEN PRESENTED WITH AN OFFICIAL LEGAL REQUEST, WE WILL DISCLOSE SPECIFICALLY REQUESTED INFORMATION SO LONG AS WE ARE REASONABLY ABLE TO LOCATE AND RETRIEVE IT.

 

IF YOU ARE A MEMBER OF LAW ENFORCEMENT OR ANOTHER GOVERNMENT AGENCY AND WISH TO REQUEST SPECIFIC CUSTOMER INFORMATION VIA AN OFFICIAL LEGAL PROCESS, PLEASE PROVIDE AS MUCH INFORMATION AS POSSIBLE TO HELP US IDENTIFY THE RELEVANT ACCOUNT(S) AND/OR TRANSACTION(S) IN QUESTION. WE ARE UNABLE TO PROCESS OVERLY BROAD OR VAGUE REQUESTS.

 

ANY OFFICIAL LEGAL REQUEST SHOULD ALSO INCLUDE THE FOLLOWING INFORMATION SO THAT WE CAN VERIFY ITS ORIGIN:

AGENCY NAME

AGENCY OFFICIAL EMAIL ADDRESS

AGENT NAME AND BADGE/ID NUMBER

AGENT OFFICIAL EMAIL ADDRESS

AGENT PHONE NUMBER (+ EXTENSION, IF APPLICABLE)

VERIFIABLE PHYSICAL RETURN ADDRESS

CASE REFERENCE NUMBER OR OTHER CASE IDENTIFYING PARAMETER

LAW ENFORCEMENT AND OTHER GOVERNMENT AGENCIES MAY SUBMIT REQUESTS THROUGH THE FOLLOWING CHANNELS:

PHYSICAL

MAIL: EMAIL: SHOP@ATTICHOP.COM WITH THE SUBJECT LINE: LAW ENFORCEMENT REQUEST

ATTICHOP PO BOX 3000 NW 59TH STREET UNIT 2, FT LAUDERDALE FL, 33309 USA

PLEASE NOTE THAT ACCEPTANCE OF LEGAL PROCESS VIA THESE CHANNELS IS FOR CONVENIENCE AND DOES NOT WAIVE ANY OBJECTIONS INCLUDING, BUT NOT LIMITED TO, LACK OF JURISDICTION, LACK OF VERIFICATION OF SUBPOENA, OR PROPER SERVICE. REQUESTS SUBMITTED THROUGH EMAIL WILL RESULT IN A FASTER RESPONSE, AS MAIL MAY CAUSE DELAYS.

SUBPOENA PROCESSING MAY BE SUBJECT TO A $25 PER HOUR FEE.

ATTICHOP WILL NOT RESPOND TO CORRESPONDENCE SENT BY NON–LAW ENFORCEMENT/GOVERNMENT AGENCIES, OR INDIVIDUALS TO THE ADDRESSES ABOVE.

HOW LONG WILL IT TAKE TO RECEIVE RECORDS IN RESPONSE TO MY LEGAL PROCESS?

TURNAROUND TIME FOR PROPERLY FORMATTED AND SIGNED REQUESTS IS APPROXIMATELY 10 DAYS.

YOUR ACCOUNT WITH ATTICHOP

YOU’LL NEED TO CREATE AN ACCOUNT WITH ATTICHOP TO USE SOME FEATURES OF OUR SERVICE. IF ATTICHOP DETERMINES THAT YOUR USE OF AN ACCOUNT VIOLATES ANY OF OUR TERMS, OR IS OTHERWISE INAPPROPRIATE OR ILLEGAL, ATTICHOP MAY, AT ITS SOLE DISCRETION, TAKE ACTION, UP TO AND INCLUDING TERMINATION OF YOUR ACCOUNT. IF YOU HAVE PREVIOUSLY VIOLATED OUR TERMS USING ANOTHER ACCOUNT, REFUSE TO PROVIDE INFORMATION, OR IF WE ARE UNABLE TO VERIFY THE INFORMATION YOU PROVIDED, YOU MAY BE INELIGIBLE FOR AN ACCOUNT.

HERE ARE A FEW RULES ABOUT ACCOUNTS WITH ATTICHOP:

A USER SHALL NOT USE AN ACCOUNT FOR MONEY LAUNDERING OR ANY ILLEGAL PURPOSE OR IN VIOLATION OF ANY LAW OR REGULATION OR PROVISION OF THESE TERMS. AS A CONDITION FOR USING THE SERVICE, WE HOLD ALL BUYERS OR SELLERS ACCOUNTABLE FOR VIOLATIONS OF LAW, VIOLATIONS OF THESE TERMS AND ALL APPLICABLE POLICIES.

YOU MUST BE 18 YEARS OF AGE OR OLDER TO HAVE AN ACCOUNT

YOU MAY ONLY REGISTER FOR AND MAINTAIN ONE ACCOUNT. PAYMENT INSTRUMENTS AND BANK ACCOUNTS CAN ONLY BE REGISTERED ON ONE ATTICHOP ACCOUNT AT A TIME; THEY CANNOT BE SHARED ON MULTIPLE ACCOUNTS.

YOU MAY BE REQUIRED TO PROVIDE US WITH CURRENT AND ACCURATE INFORMATION ABOUT YOURSELF (SUCH AS YOUR NAME, ADDRESS, DATE OF BIRTH, SOCIAL SECURITY OR NAITIONAL INSURANCE NUMBER, AND/OR A COPY OF YOUR DRIVER’S LICENSE OR OTHER GOVERNMENT-ISSUED IDENTIFICATION) (“USER INFORMATION”). WE MAY VERIFY YOUR USER INFORMATION WITH A THIRD-PARTY VENDOR. WE ALSO MAY REQUEST YOU TO SEND US ADDITIONAL DOCUMENTS OR INFORMATION TO HELP US VERIFY YOUR IDENTITY. IT IS PROHIBITED TO USE FALSE INFORMATION OR IMPERSONATE ANOTHER PERSON THROUGH YOUR ACCOUNT.

IF YOU MAKE PURCHASES, YOU WILL BE ASKED TO PROVIDE INFORMATION ABOUT YOUR PAYMENT INSTRUMENT(S), WHICH MAY INCLUDE A CREDIT CARD, DEBIT CARD, AND ACCOUNT OR BALANCE RESULTING FROM EARNINGS FROM PRIOR SALES OR ANOTHER PAYMENT METHOD PERMITTED BY US. PAYMENT INSTRUMENTS MAY BE STORED WITH US FOR FUTURE USE. WE MAY VALIDATE THAT YOUR PAYMENT INSTRUMENT IS IN GOOD STANDING WITH THE PAYMENT INSTRUMENT ISSUER. YOU AGREE THAT THE USER INFORMATION AND PAYMENT INSTRUMENT INFORMATION YOU PROVIDE TO US IS ACCURATE AND THAT YOU WILL KEEP IT UPDATED.

IF YOU COMPLETE A SALE, YOU MAY WITHDRAW YOUR ACCOUNT BALANCE TO YOUR BANK ACCOUNT USING DIRECT DEPOSIT OR INSTANT PAY. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR BANK ACCOUNT INFORMATION IS ENTERED CORRECTLY. WE MAY BE UNABLE TO RECOVER MONEY SENT TO AN INACCURATE BANK ACCOUNT NUMBER USING DIRECT DEPOSIT OR INSTANT PAY.

IF YOU UTILIZE OUR SHIPPING OPTIONS IT IS YOUR RESPONSIBILITY TO SELECT THE CORRECT WEIGHT CLASS FOR THE LABELS AND TO PROVIDE VALID TRACKING. YOU ARE RESPONSIBLE FOR ANY ADDITIONAL FEES FROM THE CARRIER(S).

YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITY AND LISTINGS ON YOUR ACCOUNT. YOU ALSO ARE RESPONSIBLE FOR ENSURING YOUR ACCOUNT ACCURATELY REFLECTS YOUR CURRENT USER INFORMATION.

YOU ARE RESPONSIBLE FOR ALL FEES, CHARGEBACKS, PAYMENT REVERSALS OR REFUNDS RECEIVED BY ATTICHOP, EVEN AFTER YOU CLOSE YOUR ACCOUNT. AMOUNTS OWED MAY BE REMOVED FROM YOUR BALANCE.

YOU ARE RESPONSIBLE FOR KEEPING YOUR ACCOUNT PASSWORD SECURE. SEE OUR SAFETY GUIDELINES FOR TIPS ON KEEPING YOUR ACCOUNT SECURE. IF YOU BELIEVE YOUR ACCOUNT HAS BEEN COMPROMISED PLEASE CONTACT SHOP@ATTICHOP.COM

PLEASE VISIT OUR SUPPORT CENTER FOR QUESTIONS ABOUT SETTING UP AN ACCOUNT WITH ATTICHOP

THIRD-PARTY SERVICES AND LINKED WEBSITES

THE PRIVACY POLICY APPLIES TO YOUR USE OF THE SERVICE AND YOU CONSENT TO THE COLLECTION AND USE OF YOUR INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION BY ATTICHOP. OUR SERVICE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR SERVICES THAT WE DON’T OWN OR CONTROL (FOR EXAMPLE, LINKS TO FACEBOOK) THAT ENABLE YOU TO EXPORT INFORMATION TO THIRD-PARTY SERVICES. YOU MAY ALSO NEED TO USE A THIRD-PARTY’S PRODUCT OR SERVICE TO USE SOME FEATURES OF OUR SERVICE (LIKE A COMPATIBLE MOBILE DEVICE TO USE OUR MOBILE APPS) OR USE THROUGH OUR IMPLEMENTATION OF THIRD-PARTY BUTTONS (SUCH AS "SHARE" BUTTONS). WHEN YOU ACCESS THESE THIRD-PARTY SERVICES, YOU DO SO AT YOUR OWN RISK. THE THIRD PARTIES MAY REQUIRE YOU TO ACCEPT THEIR OWN TERMS OF USE AND PRIVACY POLICIES. ATTICHOP IS NOT A PARTY TO THOSE AGREEMENTS; THEY ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY.

 

YOUR USE OF OUR SERVICE

LICENSE TO USE OUR SERVICE. WE GRANT YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE AND REVOCABLE LICENSE TO USE OUR SERVICE—SUBJECT TO THESE TERMS AND THE FOLLOWING RESTRICTIONS:

DON’T USE OUR SERVICE TO BREAK THE LAW. YOU AGREE THAT YOU WILL NOT VIOLATE ANY LAWS IN CONNECTION WITH YOUR USE OF THE SERVICE. THIS INCLUDES ANY LOCAL, STATE, FEDERAL AND INTERNATIONAL LAWS THAT MAY APPLY TO YOU. IT’S YOUR RESPONSIBILITY TO OBTAIN ANY PERMITS OR LICENSES AND HAVE PROOF OF OWNERSHIP OR RECEIPTS IF REQUIRED; YOU MAY NOT USE ATTICHOP TO LIST OR SELL ITEMS THAT VIOLATE ANY LAWS. YOU MAY NOT USE ATTICHOP SERVICE TO COMMIT FRAUD, THEFT OR ANY OTHER CRIMES AGAINST ATTICHOP, ANOTHER ATTICHOP USER OR A THIRD-PARTY. 

HARMING OUR SYSTEMS 

YOU AGREE NOT TO INTERFERE WITH OR TRY TO DISRUPT OUR SERVICES, FOR EXAMPLE BY DISTRIBUTING A VIRUS OR OTHER HARMFUL COMPUTER CODE.

AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS. BY USING OUR SERVICE, YOU’RE AGREEING TO OUR ELECTRONIC COMMUNICATIONS POLICY, WHICH DESCRIBES HOW WE PROVIDE THAT INFORMATION TO YOU. IT SAYS THAT WE CAN SEND YOU INFORMATION ELECTRONICALLY (BY EMAIL, ETC.) INSTEAD OF MAILING YOU PAPER COPIES (IT’S BETTER FOR THE ENVIRONMENT), AND THAT YOUR ELECTRONIC AGREEMENT IS THE SAME AS YOUR SIGNATURE ON PAPER.

ITEMS YOU PURCHASE

ATTICHOP DOES NOT MANUFACTURE, STORE OR INSPECT ANY OF THE ITEMS SOLD THROUGH OUR SERVICE. WE PROVIDE THE VENUE; BUT THE ITEMS IN OUR MARKETPLACES ARE PRODUCED, LISTED AND SOLD BY INDEPENDENT SELLERS, SO ATTICHOP CANNOT AND DOES NOT MAKE ANY WARRANTIES ABOUT ITEMS’ QUALITY, SAFETY OR LEGALITY. ANY LEGAL CLAIM RELATED TO AN ITEM YOU PURCHASE MUST BE BROUGHT DIRECTLY AGAINST THE SELLER OF THE ITEM. YOU RELEASE ATTICHOP FROM ANY CLAIMS RELATED TO ITEMS SOLD THROUGH OUR SERVICE, INCLUDING FOR DEFECTIVE ITEMS, MISREPRESENTATIONS BY SELLERS OR ITEMS THAT CAUSED PHYSICAL INJURY (LIKE PRODUCT LIABILITY CLAIMS).

CONTENT YOU ACCESS

YOU MAY COME ACROSS MATERIALS THAT YOU FIND OFFENSIVE OR INAPPROPRIATE WHILE USING OUR SERVICE. ATTICHOP IS NOT RESPONSIBLE FOR THE DECENCY, ACCURACY, COPYRIGHT COMPLIANCE, OR LEGALITY OF CONTENT POSTED BY USERS THAT YOU ACCESSED THROUGH THE SERVICE. YOU RELEASE US FROM ALL LIABILITY RELATING TO THAT CONTENT.

PEOPLE YOU INTERACT WITH

YOU CAN USE THE SERVICE TO INTERACT WITH OTHER INDIVIDUALS. HOWEVER, YOU UNDERSTAND THAT WE DO NOT SCREEN USERS OF OUR SERVICES, AND YOU RELEASE US FROM ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH OTHER USERS. PLEASE REPORT USERS WHO ENGAGE IN PROHIBITED CONDUCT BU SUBMITTING AN EMAIL TO SHOP@ATTICHOP.COM OR YOU MAY SELECT THE REPORT THIS ITEM TAB ON PAGE WHERE THE ITEM IS LISTED SINGLY SO WE MAY REVIEW THEIR ACCOUNT. PLEASE ALSO FOLLOW OUR SAFETY GUIDELINES.

OTHER DISCLAIMERS/WARRANTIES

ATTICHOP IS DEDICATED TO MAKING OUR SERVICE THE BEST IT CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESSED OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; NOR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THE RESULTS OF USING THE SERVICE WILL MEET ALL YOUR EXPECTATIONS. WE WILL TAKE EVERY REASONABLE EFFORT TO ENSURE THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS AND TO CORRECT DEFECTS ONCE IDENTIFIED.

BUYING AND SELLING GENERALLY

WHEN BUYING A PRODUCT USING THE SERVICE, IN ADDITION TO THE LIMITATIONS IN OUR PROHIBITED ITEMS AND PROHIBITED CONDUCT POLICIES, BUYERS ALSO MUST NOT PLACE ORDERS WITHOUT THE INTENT TO PURCHASE, PURCHASE GOODS FOR A COMMERCIAL PURPOSE (E.G., RESALE), OR PLACE ANY ORDER THAT IS DETERMINED BY ATTICHOP TO BE FRAUDULENT OR ILLEGAL. YOU AGREE THAT THE SERVICE MAY ONLY BE USED FOR BONA FIDE PURCHASES OF GOODS, AND MAY NOT BE USED TO TRANSFER MONEY BETWEEN A BUYER AND SELLER THAT IS UNRELATED TO A PURCHASE OF GOODS.

A SELLER SHALL NOT PURCHASE A PRODUCT THE SELLER THEMSELVES HAS LISTED. A SELLER WHO WISHES TO WITHDRAW A LISTING MUST DO SO PER THE PROCEDURES SPECIFIED BY ATTICHOP IN OUR SUPPORT CENTER 

SALES CONTRACT

A SALES CONTRACT FOR A PRODUCT WILL BE FORMED WITH THE SELLER WHEN THE BUYER COMPLETES THE STEPS FOR PURCHASING A PRODUCT AS PROMPTED ON THE SERVICE, BUT BEFORE PAYMENT IS MADE BY THE BUYER. THE SELLER AND THE BUYER SHALL NOT ASSIGN TO A THIRD-PARTY, PROVIDE AS SECURITY, OR OTHERWISE DISPOSE OF THEIR RIGHTS AND OBLIGATIONS ARISING UNDER SUCH SALES CONTRACT.

ATTICHOP’S ROLE 

SELLER AGREES THAT ATTICHOP AND ITS DESIGNATED PAYMENT PROCESSOR ACT AS AGENTS FOR THE SELLER IN PROCESSING PAYMENTS FOR PURCHASES. A BUYER’S OBLIGATION TO A SELLER FOR THE PURCHASE PRICE SHALL BE DEEMED EXTINGUISHED UPON RECEIPT BY ATTICHOP OF THE PURCHASE PRICE (EXCEPT FOR BUYER’S OBLIGATIONS IN THE EVENT OF A CHARGEBACK OR OTHER PAYMENT REVERSAL).

RATINGS

ONCE A PRODUCT HAS BEEN RECEIVED BY A BUYER, THE BUYER SHALL PROMPTLY RATE THE SELLER. ONCE THE BUYER HAS RATED THE SELLER, THE SELLER SHALL PROMPTLY RATE THE BUYER. RATINGS NEED TO BE PROVIDED BY THE BUYER AND THE SELLER IN ORDER FOR THE SELLER TO RECEIVE HIS OR HER EARNINGS.

SETTLEMENT TO SELLERS

WHEN USER RATINGS BY BOTH A BUYER AND A SELLER ARE COMPLETE, ATTICHOP AND ITS DESIGNATED PAYMENT PROCESSOR WILL PROCESS THE PAYMENT TO SELLER. ATTICHOP WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO CREDIT SELLER’S EARNINGS BALANCE WITH ATTICHOP WITHIN TEN (10) BUSINESS DAYS OF RECEIPT OF THE SETTLED PAYMENT PROCEEDS BY ATTICHOP. ATTICHOP SHALL TRANSFER EARNINGS TO SELLER’S BANK ACCOUNT UPON SELLER’S REQUEST. ATTICHOP MAY ASK FOR SELLER’S USER INFORMATION TO ENSURE THE TRANSFER AND PURCHASE IS SECURE, AND MAY RETAIN THE EARNINGS UNTIL SELLER’S USER INFORMATION HAS BEEN VERIFIED AND CONFIRMED.

INDEMNIFICATION; LIMITATION OF LIABILITY

SHOULD ATTICHOP EVER BE SUED BECAUSE OF AN ACTION YOU TOOK USING OUR SERVICE, YOU AGREE TO INDEMNIFY ATTICHOP AND ASSIST IN DEFENDING ATTICHOP TO THE BEST OF YOUR ABILITY. THAT MEANS YOU MUST ASSIST ATTICHOP IN DEFENDING ANY MATTER IN WHICH YOU WERE INVOLVED. THIS INCLUDES PROVIDING INFORMATION REGARDING YOUR EXPERIENCE (INCLUDING ANY OF OUR EMPLOYEES) AND HOLD US HARMLESS FROM ANY LEGAL CLAIM OR DEMAND (INCLUDING REASONABLE ATTORNEY’S FEES) THAT MAY ARISE FROM YOUR ACTIONS, YOUR USE (OR MISUSE) OF OUR SERVICE, YOUR BREACH OF THE TERMS, OR YOUR ACCOUNT’S INFRINGEMENT OF SOMEONE ELSE’S RIGHTS.

INDEMNITY 

YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR YOUR USE OF THE SERVICE, AND YOU AGREE TO DEFEND AND INDEMNIFY ATTICHOP FROM AND AGAINST EVERY CLAIM, LIABILITY, DAMAGE, LOSS, AND EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) YOUR ACCESS TO, USE OF, OR ALLEGED USE OF, THE SERVICE; (II) YOUR VIOLATION OF ANY PORTION OF THESE TERMS, ANY REPRESENTATION, WARRANTY, OR AGREEMENT REFERENCED IN THESE TERMS, OR ANY APPLICABLE LAW OR REGULATION; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT OR PUBLICITY, CONFIDENTIALITY, OTHER PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY DISPUTE OR ISSUE BETWEEN YOU AND ANY THIRD-PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU (WITHOUT LIMITING YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THAT MATTER), AND IN THAT CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THAT CLAIM.

DISCLAIMER OF WARRANTIES. 

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ATTICHOP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

ATTICHOP IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. ATTICHOP HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.

LIMITATION OF LIABILITY

IN NO EVENT WILL ATTICHOP BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ATTICHOP HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF ATTICHOP TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO ATTICHOP FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.

FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR ATTICHOP ACCOUNT BALANCE, THE SOLE REMEDY AGAINST ATTICHOP SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL ATTICHOP BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF ATTICHOP OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.

ATTICHOP SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

ATTICHOP SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

FORCE MAJEURE

ATTICHOP SHALL HAVE NO LIABILITY FOR FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO GOVERNMENTAL ACTION OR ACTS OF TERRORISM; ACTS OF NATURE INCLUDING EARTHQUAKES, FIRE, FLOOD OR OTHER ACTS OF GOD; LABOR CONDITIONS; POWER FAILURES AND/OR INTERNET DISTURBANCES.