TERMS & CONDITIONS

  1. HOW THIS AGREEMENT WORKS
    1. Introduction
      Welcome to the TMBR online buying and selling marketplace (the "Site"). This User Agreement ("Agreement") lists the terms of the agreement between you and TMBR for the buying and selling, of products and all other services that we provide (the "Services"). By completing the registration process, you agree to accept the terms and conditions of this Agreement and to become a registered user of this site.
    2. Modification
      If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. Your continued use of the Site and the Services following TMBR posting a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, should not continue to use the Services or this Site.
    3. Additional Policies
      This Agreement incorporates by reference the following policies and documents also found on this site: TMBR Privacy Policy
  2. WHAT IS TMBR?
    1. Who We Are and What We Do
      TMBR is a website service that allows registered users who want to buy products ("Buyers") to find products to purchase from registered users who want to sell products ("Sellers"). The fulfillment of confirmed orders, including delivery and shipment of products is the responsibility of the Seller.
  3. HOW TO BECOME A REGISTERED USER
    1. Requirements
      To be a registered user of this Site, you must agree to accept the terms and conditions of this Agreement. You may only use the Services if you are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from our Site. If you do not qualify, please do not use or try to use the Services. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of your parents or guardians.
    2. Registration
      We will not accept any request from you to buy or sell products before you have registered with us. To register, you must provide you're legal and current name, address, phone number, and an active email address.
    3. Email Address and Password
      You will need an email address and password to access the Site and use the Services. You are solely responsible for maintaining the security of your email address and password and for all activity that occurs under your email address and password. You should not disclose your password to any other person.
  4. LISTING PRODUCTS AS A SELLER
    1. Listing Process
      A registered user who wants to sell products may list the product(s) in the TMBR marketplace. As part of the listing process, the seller assigns a price to the product(s) and provides information such as the price listing, the category of the product, the title of the product, description of the product, photos of the product, and size in accordance with the process outlined in when selling products.
    2. Seller Responsibility
      Once there is a purchase of a product from a buyer, Seller is responsible for fulfilling the order with the exact product(s) that the Seller listed. If the Seller no longer has the product(s) or the Seller becomes aware that the product(s) has become damaged since the product’s posting, Seller must contact the Buyer and issue an immediate refund. TMBR will not refund the commission deducted from the original sale of the item.
  5. FINDING PRODUCTS AND PLACING ORDERS AS A BUYER
    1. Placing Orders
      To buy products, a buyer first browses the TMBR listings for products that match what the Buyer is seeking. When the buyer finds desirable product(s), the Buyer places an "order" to purchase that (those) product(s). All orders are final and once placed, cannot be cancelled or retracted through the TMBR site. Seller is responsible for shipping the product(s) within 2 days of the transaction and must provide the Buyer with a shipping confirmation.
    2. Product Descriptions
      TMBR does not guarantee any information provided by the Sellers in the description area of product listings.
  6. NOTIFYING THE SELLER OF THE ORDER
    1. Notification
      Once we obtain an authorization from a Buyer, we notify the Seller of the sale via email, that a Buyer has purchased the listed product(s) at the listed price. Seller is expected to ship purchased items within 2 days of the transaction.
    2. Seller's Confirmation
      If the Seller cannot ship the product(s) immediately upon confirming an order, the Seller must, when confirming the order, provide the date the Seller expects to be able to ship the product(s) to the Buyer
  7. COMPLETING THE SALE
    1. Charges
      We charge the Buyer's account for the total sale price at time of purchase. At that time we do provide the Seller with the Buyer's shipping information, in order to ship your item. All financial transactions will take place through Stripe, an online, secure payment processing company. SELLER will receive money from the sale in their Stripe account less the TMBR commission. Commission amount is non –refundable – should the Buyer need to return the item, this transaction will be outside of the TMBR site.
    2. Dispute Resolution
      After receiving the product(s), if a Buyer is dissatisfied with any part of the purchase, the Buyer must contact the Seller. TMBR is not responsible for the products being sold on the site.
  8. YOUR RELATIONSHIP WITH US
    1. Permission
      As a Buyer, you grant TMBR permission to charge your account for the purchase of the product(s).
    2. Grant of License
      You grant TMBR a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to TMBR in connection with your use of TMBR and its Services.
    3. Release
      TMBR acts as a marketplace to allow buyers and sellers to interact regarding products. In all cases, the submission and confirmation of orders are transactions between TMBR, Buyers and Sellers only. The fulfillment of confirmed orders, including delivery and shipment of products is the responsibility of the Seller. If you have a dispute with one or more registered users, you release TMBR and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees free from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
    4. Privacy
      We use your information only as described in the TMBR Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
  9. THINGS WE DON'T ALLOW
    1. Offline Transactions
      You agree not to use the TMBR website to (a) contact other users, (b) invite contact with other TMBR users, (c) solicit sales outside of TMBR or (d) initiate or engage in transactions (either purchases or sales) outside of TMBR. TMBR is not responsible for any damages or lost profits that result from TMBR users directly contacting other TMBR users or for any damages or lost profits resulting from transactions conducted outside of TMBR, including transactions that originate at TMBR and are taken offline.
    2. Personal Information in Product Description and Seller Comments
      As a Seller, you agree not to place any personal information (including, but not limited to, addresses, phone numbers, or email addresses) in the Product Description and Seller comments area of product listings.
    3. Abusive Behaviour
      You agree not to use abusive language or behave in an abusive manner to any TMBR employee or customer. TMBR reserves the right to block and/or ban users which are deemed abusive.
    4. Adult Materials
      You agree not to list, sell or buy any adult materials, obscene materials or pornographic materials through the Site, directly or indirectly, and you agree not to use any names or other information found on or via this Site to do so.
    5. Illegal Activity
      You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, federal and international laws, statutes and regulations regarding the use of the Site and the selling of products. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name, or give any misleading information. You agree not to copy, modify, or distribute any content from the Site, including TMBR copyrights and trademarks.
    6. Double Posting and Removal of Products
      To post a product for sale on the Site, you must first register with the Site. Once a product is posted, we strongly discourage posting that product for sale elsewhere. We reserve the right to prohibit users from posting product(s) at TMBR if they are not able to provide the exact product that was posted at TMBR. If you, at any time, fail to deliver the product(s) you've listed or deliver invalid, fraudulent, or misrepresented product(s), TMBR reserves the right to cancel the order.
    7. Stolen Property
      The sale of stolen property on TMBR is strictly forbidden, and violates federal and international law. TMBR strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on TMBR. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
    8. Promotional Materials
      The Buyer name and address information is provided to Sellers for the sole purpose of shipping the specific purchased product(s) and may not be used by the Seller for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). If you are a Seller, you agree not to include in your shipment to the buyer any promotional or other commercial materials that is not provided or approved by TMBR. This includes, without limitation, material that announces a website or invites the buyer to visit a website other than TMBR, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the buyer at any time for any reason.
  10. CONSEQUENCES
    1. Investigations
      We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a product, the source of the product, your acquisition of a product, and the price you paid for a product.
    2. Violations, Termination and Suspension
      We may take any action that we deem appropriate in our sole discretion (including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending you edit a listing) if: (a) you breach this Agreement or any document it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; or (d) we believe your conduct may cause legal liability for you, for other users, or for TMBR.
    3. Disclosure of Information
      You agree that TMBR may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. TMBR will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
  11. YOUR WARRANTIES TO US
    1. Accurate Descriptions
      For all products you list as the Seller, you warrant that your descriptions of the products are accurately detailed and described. If you, at any time deliver invalid, fraudulent, or misrepresented products, TMBR reserves the right to cancel the order.
    2. Other Information
      You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
    3. Laws and Regulations
      You warrant that you will comply with all applicable local, federal and international laws, statutes and regulations regarding use of the Site and selling value of the product(s).
    4. Indemnity
      You agree to indemnify and hold TMBR and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorney's fees) incurred by TMBR and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.
  12. WHAT WE DO NOT WARRANT (DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY)
    1. Warranty
      Except for the express warranties stated in this Agreement, TMBR provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. TMBR makes no warranty with respect to its software, any product(s), the services TMBR provides, or that sellers or buyers will perform as promised, and TMBR expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights.
    2. Waiver of Consequential Damages; Liability Limit
      TMBR expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services or the site, or the suspension, termination or malfunction of the services or the site. TMBR liability to you or anyone else in any circumstances is limited to the lesser of (a) $100.00, and (b) the total dollar amount of all products(s) and other items you bought and/or sold via TMBR in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
    3. Allocation of Risk
      You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
    4. Tax Indemnity
      You agree that TMBR is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold TMBR and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorney's fees) incurred by TMBR that arise out of third party or governmental claim that involves, relates to or concerns (i) and federal tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of TMBR.
    5. Change or Suspension of Site
      TMBR reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. TMBR is never, for any reason, responsible for products(s) listed on the site that do not sell, including products(s) that remain unsold during a site outage.
  13. TMBR OWNS THE INTELLECTUAL PROPERTY RIGHTS TO OUR SITE AND SERVICE
    1. Ownership of Intellectual Property
      You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") are and shall remain our sole property, and (ii) nothing in this agreement shall confer in you and right of ownership or license rights in our Intellectual Property. In addition, you shall not now nor in the future contest the validity of TMBR Intellectual Property.
    2. Copyright
      Copyright 2016, TMBR, the Software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs are the property of TMBR or its suppliers, and are protected by international copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of TMBR and protected by international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.

      TMBR’S policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want TMBR to delete, edit, or disable the material in question, please provide TMBR the following information:
      • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
      • Identification of the copyrighted work, trademark, patent, or other intellectual property that you claim has been infringed.
      • Description of where the material that you claim is infringing is located on the Site.
      • Your address, telephone number, and email address.
      • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, patent, or intellectual property owner, its agent or the law.
      • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or intellectual property owner or authorized to act on the copyright, trademark or intellectual property owner's behalf.
  14. ADDITIONAL TERMS THAT AFFECT OUR AGREEMENT
    1. No Agency
      You and TMBR are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
    2. Notices
      Except as expressly stated otherwise, all notices to TMBR shall be sent to the email addresses provided on the Site (e.g. hello@tmbr.ca). Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notices shall be deemed given one business day after the email is sent.
    3. Governing Law; Arbitration
      This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Alberta, Canada, without regard to its provisions governing conflicts of law. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, you and we agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by on arbitrator in binding arbitration, to be held in Edmonton, Alberta, Canada. Judgment on the arbitration award may be entered in any court of competent jurisdiction. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and provincial courts in and for Edmonton, Alberta, Canada.
    4. Miscellaneous
      This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application. In any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of TMBR, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.