Agreement Between User & BuySellWheelchairs.com
www.buysellwheelchairs.com is a classified-type website which offers the owners of used mobility scooters, power wheelchairs, lift chairs, lift systems, rollators, walkers, and other types of equipment to be sold by the owner of the said equipment. www.buysellwheelchairs.com makes no warranty about the condition or the information that its users enter about said products.
The purpose of this website is to connect the seller and buyers of mobility equipment to eliminate the middleman and offer this equipment to those in need at affordable prices. Only in very rare occasions will a product be listed by buysellwheelchairs.com. This means it is a rare event for operators of BuySellWheelchairs.com to list their own equipment.
By buying on our website you adhere to the waiver of liability and agree you will operate the product you are purchasing second-hand as described by the manufacturer. Buy Sell Wheelchairs connects the seller and the buyer and is very rarely in physical possession of the product. The product will most often be sold by the owner of the equipment.
In order to minimize the chances of scams, it is strongly recommended you buy locally. There are many advanced scams out there and we want all of our users to act with diligence. We do not run background checks on any sellers. Our website is free for anyone to list their products so please take the same precautions you would take when buying a product of any classified website such as craigslist. It is your responsibility to ensure you are dealing with a reputable individual.
When you purchase from our website, you are waiving any right to litigation against us should you ever endure an injury or death from using a product purchased from BuySellWheelchairs.com as only in rare circumstances are products sold by us. As a consumer, you must take the time to read the user manual that comes with the product you purchase in order to understand how to safely operate your mobility product. Failure to do so may result in injury and or death.
Though every effort is made to represent accurate and up to date information, this website may include inaccuracies due to users inputting incorrect information whether intentionally or unintentionally. Changes and additions are routinely made to the information on our website. BuySellWheelchairs.com may make additions and/or changes to this website and/or the services described at any time without notice.
We strongly recommend local purchases only. If you intend on buying a product site unseen, that is your responsibility and you should work with the seller to figure out shipping costs.Privacy
Visiting www.buysellwheelchairs.com or sending form submissions constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on our website, satisfy any legal requirement that such communications be in writing.Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge and agree that Buy Sell Wheelchairs is not responsible for third party access to your account that results from theft or misappropriation of your account. Buy Sell Wheelchairs and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Where Buy Sell Wheelchairs "sole discretion" appears in these Terms, it is understood and agreed that the exercise of Buy Sell Wheelchairs sole discretion shall be at any time, without notice.
Buy Sell Wheelchairs does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.buysellwheelchairs.com only with permission of a parent or guardian.
At any time, our website may undergo maintenance without notice rendering the "your account" section of the website unavailable to you the customer.Links to third party sites/Third party services
www.buysellwheelchairs.com contain links to other websites ("Linked Sites"). The Linked Sites are generally not under the control of Buy Sell Wheelchairs is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked website, or any changes or updates to a Linked Site. Buy Sell Wheelchairs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Buy Sell Wheelchairs of the site or any association with its operators.
Certain services made available via www.buysellwheelchairs.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.buysellwheelchairs.com domain, you hereby acknowledge and consent that Buy Sell Wheelchairs may share such information and data with any third party with whom Buy Sell Wheelchairs has a contractual relationship to provide the requested product, service or functionality on behalf of www.buysellwheelchairs.com users and customers.No unlawful or prohibited use/Intellectual Property
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of Buy Sell Wheelchairs or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. Buy Sell Wheelchairs content is not for resale. Your use of the website does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Buy Sell Wheelchairs and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Buy Sell Wheelchairs or our licensors except as expressly authorized by these terms.Use of communication services
The website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service.
By way of example, and not as a limitation, you agree that when using a communication service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the communication services; violate any code of conduct or other guidelines which may be applicable for any particular communication service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Buy Sell Wheelchairs has no obligation to monitor the communication services. However, Buy Sell Wheelchairs reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. Buy Sell Wheelchairs reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.
Buy Sell Wheelchairs reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Buy Sell Wheelchairs' sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any communication service. Buy Sell Wheelchairs does not control or endorse the content, messages or information found in any communication service and, therefore, Buy Sell Wheelchairs specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized Buy Sell Wheelchairs spokespersons, and their views do not necessarily reflect those of Buy Sell Wheelchairs. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.Materials provided to www.buysellwheelchairs.com or posted on any Buy Sell Wheelchairs web page
Buy Sell Wheelchairs does not claim ownership of the materials you provide to www.buysellwheelchairs.com (including feedback and suggestions) or post, upload, input or submit to any Buy Sell Wheelchairs or our associated services (collectively "Submission"). However, by posting, uploading, inputting, providing or submitting your submission you are granting Buy Sell Wheelchairs, and our affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein. Buy Sell Wheelchairs is under no obligation to post or use any submission you may provide and may remove any submission at any time in Buy Sell Wheelchairs sole discretion.
By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.International Users
The service is controlled, operated and administered by Buy Sell Wheelchairs from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws, rules and regulations. You agree that you will not use the Buy Sell Wheelchairs Content accessed through www.buysellwheelchairs.com in any country or in any manner prohibited by any applicable laws, restrictions, rules or regulations.Indemnification
You agree to indemnify, defend and hold harmless Buy Sell Wheelchairs, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the website or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Buy Sell Wheelchairs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and reimburse, Buy Sell Wheelchairs in asserting any available defenses.Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BUY SELL WHEELCHAIRS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT NOTICE.
BUY SELL WHEELCHAIRS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUY SELL WHEELCHAIRS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Buy Sell Wheelchairs reserves the right, in its sole discretion, to terminate your access to www.buysellwheelchairs.com and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Buy Sell Wheelchairs as a result of this agreement or use of the Site. Buy Sell Wheelchairs's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Buy Sell Wheelchair's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Buy Sell Wheelchairs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Buy Sell Wheelchairs with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Buy Sell Wheelchairs with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.Changes to Terms
Buy Sell Wheelchairs reserves the right, in its sole discretion, to change the terms under which www.buysellwheelchairs.com is offered. The most current version of the terms will supersede all previous versions. Buy Sell Wheelchairs encourages you to periodically review the terms to stay informed of our updates.
Effective as of August 14th 2018