Terms

The following describes the terms on which Youfari, LLC  offers you access to its services.

Introduction

Welcome to Youfari.com. ("Youfari")  By using Youfari, you agree to the following terms with Youfari, LLC .
This Agreement is effective on February 21, 2011, for current users, and upon acceptance for new users.

Scope

Before you may become a member of Youfari, you must read and accept all of the terms and the Youfari privacy policy ("Privacy Policy"). By accepting this user agreement ("User Agreement"), you agree that this User Agreement and Privacy Policy will apply whenever you use Youfari sites or services, or when you use the tools we make available to interact with Youfari sites and services.

Using Youfari

While using Youfari sites, services and tools, you will not:

  • Violate any laws, third party rights or our policies.
  • use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
  • fail to deliver payment for books purchased/rented by you, unless the seller/lender has materially changed the book’s description after you rent/buy, a clear typographical error is made, or you cannot authenticate the seller's/lender’s identity;
  • fail to deliver books rented/purchased from you, unless the renter/buyer fails to meet the posted terms, or you cannot authenticate the renter/buyer's identity;
  • manipulate the price of any book or interfere with other users' listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Youfari;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Youfari);
  • transfer your Youfari account (including feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Youfari, or the interests or property of Youfari users;
  • export or re-export any Youfari tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify or distribute rights or content from the Youfari sites, service or tools or Youfari's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Youfari

Youfari works to keep our sites and services working properly and the Youfari community safe. Please report problems, offensive content, and policy violations to us.

Youfari works to ensure that listed books do not infringe upon the copyright, trademark or other intellectual property rights of third parties.  But, ultimately you are responsible for all materials you rent or sell on Youfari.  If you believe that your intellectual property rights have been violated, please notify us and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove content and books, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, conducting off-Youfari transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users).  Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat violators and infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Youfari sites, services or tools.

Lender/seller, buyer/renter Protection

Rented Materials not returned by the Rental Return Date, or Rented Materials returned on or before the Rental Return Date not in salable condition will be subject to Non-Return Fees. Non-Return Fees will be automatically charged to the credit card on file for this Agreement as follows for each item of Rented Material: 75% of the new book price, plus a processing fee of 7.5% of the new book price. In the event that the credit card on file for this Agreement is no longer valid or in the event the purchasing limit on such credit card has been exceeded at the time the Non-Return Fees are to be charged, we will bill you for, and you agree to promptly pay in full, the Non-Return Fees.

If you have not returned the Rented Materials by the Rental Return Date and we are unable to charge your credit/debit card, it is your responsibility to pay the Non-Return Fees immediately. You will be notified via email if your credit/debit card was declined and have 15 days to pay the fees before your account is turned over to a third party collection agency.

Renters/buyers and lenders/sellers share the responsibility for making sure purchases facilitated by Youfari are exciting, rewarding and hassle-free. We strongly encourage renters/buyers to contact Youfari in case of disputes. Renters/buyers and lenders/sellers agree to follow the requirements of the Youfari Renter/Buyer Protection Policy with respect to claims. Youfari Renter/Buyer Protection Policy covers only claims filed in accordance with the Youfari Renter/Buyer Protection Policy. We may suspend the Youfari Renter/Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.

We require Youfari lenders/sellers to comply with our resolution process. Renters/buyers and lenders/sellers permit us to make a final decision, in our sole discretion, on any claim that a renter/buyer files with Youfari under the Youfari Renter/Buyer Protection Policy. If we resolve a dispute in the renter/buyer's favor, we will refund the renter/buyer for the full cost of the rental/sale (including any applicable sales taxes) and the original shipping, and we will require the lender/seller to reimburse us for the amount due to the renter/buyer. Without limiting the foregoing, lenders/sellers may not have to pay a reimbursement for a Youfari claim if they provide the documentation (for example, delivery confirmation or proof that the book was as described) indicated in the Youfari Renter/Buyer Protection Policy. In addition:

  • Lenders/sellers must have a reimbursement method on file with Youfari.
  • Lenders/sellers agree to allow us to remove funds from their PayPal or Credit Card accounts for amounts due to renters/buyers. Lenders/sellers may change this reimbursement method by contacting Youfari. However, we reserve the right to continue using lender/seller PayPal or Credit card accounts for Youfari Renter/Buyer Protection Policy cases associated with Youfari transactions paid for before the change.
  • Where there are insufficient funds, we will require another reimbursement method.
  • Lenders/sellers agree to allow us to charge the payment method they designate for amounts due renters/buyers.

Changing a reimbursement method will not affect Youfari's use of a payment method on file for other purposes (such as payment of your Youfari fees). If lenders/sellers do not provide Youfari with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict lenders/sellers from transacting on our sites until payment is made.

  • Correcting Mistakes in Payments to Renters/Buyers or Lenders/sellers.   We reserve the right to fix any processing errors we discover.  We will correct any processing errors by debiting or crediting the payment method used for the erroneous Youfari Buyer Protection refund or reimbursement..

 

Transaction Fees and Services

Joining Youfari and listing & searching available books is free. When you list a book, Youfari will charge a transaction fee not exceeding 15% of the total transaction once a transaction is consummated. Youfari reserves the right to change the transaction fee structure from time to time. Changes to that transaction fee are effective as soon as they are implemented for any future transactions from the date of change.

Unless otherwise stated, all transaction fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner. We will deduct appropriate shipping charges if applicable and the transaction fee from the rental or sale. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, charging the amount owed to your credit card or your PayPal account balance.)  You will be responsible for all costs associated with said collection mechanisms, including but not limited to reasonable attorney’s fees.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. For the convenience of lenders/sellers, we may offer catalogs of book images, descriptions and specifications that are provided by third parties . You may use catalog content solely in connection with your Youfari listings during the time your listings are on Youfari's sites.

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Youfari policies.

Limitation of Liability

You will not hold Youfari responsible for other users' content, actions or inactions and books they list. Our sites are venues to allow anyone to lend, sell, borrow and buy books, at anytime, from anywhere, in a variety of pricing structures and locations. We are not involved in the actual transaction between renters/buyers and lenders/sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of books advertised, the truth or accuracy of users’ content or listings, the ability of lenders/sellers to sell books, the ability of renters/buyers to pay for books, or that a buyer or seller will actually complete a transaction or return a book.

We do not transfer legal ownership of books from the seller to the buyer.  Indiana and federal law applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.

Regardless of the previous paragraphs, if we are found to be liable by a court of competent jurisdiction, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Youfari Renter/Buyer Protection Policy up to the full cost of the book and its original shipping costs, (b) the total fees (under Youfari Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Listing Conditions

By listing a book on Youfari’s sites, you agree to pay Youfari’s fees for such, assume full responsibility for the content of the listing and book offered, and accept the following listing conditions: When you list a book on Youfari’s sites, your listing will be posted on Youfari’s sites and can be viewed by others. Youfari recommends a listing price which by no means is binding and you are free to change the listing price as you please. Youfari shall not be held accountable for any listing price you choose or specify for the book.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Youfari Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Youfari Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, notices shall be served on Youfari's registered agent, in the case of Youfari, or to the email address you provide to Youfari during the registration process, in your case,. Notice shall be deemed given 24 hours after email is sent to you, unless Youfari is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, or in the case of you providing notice to Youfari, notice shall be deemed given three days after the date of mailing.

Legal Disputes

If a dispute arises between you and Youfari, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Youfari agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact US page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of Indiana, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Youfari must be resolved exclusively by a state or federal court located in Allen County, Indiana,. You agree to submit to the personal jurisdiction of the courts located within Allen County, Indiana for the purpose of litigating all such claims or disputes.
  • Improperly Filed Claims - All claims you bring against Youfari must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Youfari may recover reasonable attorneys' fees and costs.

General

Youfari Inc. is located at 1400 One Summit Square, Fort Wayne IN 46802. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this User Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective When posted.  Additionally, we will notify you through the Youfari Message Center.

This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections shall survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.