Terms & Conditions
Updated February 17, 2023
Applicability
These Flip Or Drip, LLC terms of Use apply to https://flipordrip.com. You should review the General terms before proceeding.
Acceptance Through Use
By posting or viewing a listing on the Site (a “Listing” or “Listings”), you agree to be bound by ALL of the terms, conditions and notices contained or referenced in these terms. You should review the terms from time to time. Flip Or Drip, LLC. (“Operator”) may change any of these terms at any time and for any or no reason by posting revisions to the Sites. Your continued use of the Site constitutes your acceptance of the revised terms. If you do not accept all of the terms, you are not authorized by Operator to post or view any Listings.
Minimum Age
Flip Or Drip, LLC (including Sneakers, Clothing, Artwork, or Accessories) section of the Sites is not directed to, or intended for use by, anyone under the age of eighteen (18). Individuals under the age of eighteen (18) are not authorized by Operator to post or view Listings.
Posting Rules
You must comply with the following rules when posting a Listing:
- Single Account. Any person above the age of eighteen (18) is allowed one (1) Flip Or Drip account. Any Business (defined as any corporation, LLC, dealer, sole-proprietor or other entity that regularly offers goods or services for sale, regardless of whether operating from a commercial location, home or online) is allowed one (1) Flip Or Drip account per unique Business. If an Individual (defined as any person offering items for free, sale, or trade by owner) or unique Business is using multiple accounts, all additional accounts and Listings will be deleted. If your account is permanently banned, you may not create another account on the Site.
  - Multiple Listing Accounts. A Business paying to list multiple Listings on the Sites are bound by the General terms of the Sites. A paying Business may only list its products from its paid account. Listings placed from multiple accounts to subvert any of these terms will be removed and the accounts banned without warning.
  - Contact Information. A working email address is required to post any Listings.
  - All Listings must be in good taste and may not contain any objectionable content (including, but not limited to, direct requests for money, gifts, or other items (without an exchange for a good or service), pranks, profanity, defamation, inappropriate images, inappropriate language, etc.), as determined by Operator in its sole discretion. Listings for massage services are prohibited. Listings for adult goods or services are prohibited. The sale and trade of firearms is prohibited. All Listings must be for goods or services that are permitted under Utah law. You are responsible for the content of your Listing. Listings may not contain, in Operators sole discretion, information of a religious, political or non-commercial nature.
  - The content in your Listing (including title, description, image, image captions, and any other information included with your Listing) must be concise and limited to the specific goods offered for sale or trade. You may not list any unrelated information and/or keywords (including multiple items, brands, makes, models or locations) in the content of your Listing as a means to generate unwarranted search results or to circumvent any other Posting Rule.
  - Except as authorized by the Operator in writing you must wait at least fourteen (30) days before reposting a Listing for the same or substantially similar goods. Violators may, among other remedies available to Operator, have their accounts suspended or permanently banned. Contact the Operator for information about available refresh packages.
  - The practice of posting multiple Listings in sequential order to “take over” or monopolize a page (or pages) of search results creates a poor customer experience and is prohibited. Violators may, among other remedies available to Operator, have their accounts suspended or permanently banned.
  - Ad Price. The price field on each Listing must be the total selling price of the item; this means the price a person is expected to pay at the time of purchase. The “buy it now” price must be what the user is expected to pay for the item instead of bidding for the item at an auction. Listings without a reasonable total selling price will be deleted without notification.
  - Featured Listings. Featured Listings are bound by the same terms as contained herein. Notwithstanding, Operator may establish general practices, policies, and limits which may or may not be published, concerning the use of Featured Listings.
  - User agrees that each listing has been verified authentic. Unauthorized, replicas, or fake products are prohibited from flipordrip.com.
Violations
Operator may at its discretion monitor the Flip or Drip site from time to time. Operator may remove or disable Listings that, in Operator’s sole discretion, violate the Posting Rules identified within these terms or which Operator considers objectionable or in poor taste. Operator may act to prevent anyone who violates these terms from posting or viewing Listings on the Sites and may block access to the Sites. Operator reserves all other rights and remedies, including monetary damages, available to it under the law for violations herein. Please report all violations using the link provided with each Listing.
No Commercial Solicitation
Businesses may not contact Individual sellers to solicit commercial services or products.
No Representations
Operator is not involved in the actual transaction between a seller posting a Listing for goods, services, offers, etc. and the consumer responding to the Listing. Operator does not have control over, and does not guarantee the quality, safety or legality of any of the goods, services, offers, etc. listed in Listings posted on the Sites. Operator does not make any representations or warranties concerning the ability of a seller to sell/promote the goods, services, offers, etc. listed in a Listing. Operator does not make any representations or warranties concerning the ability of a buyer to purchase any goods or services or that a seller and a buyer will actually complete a transaction. Operator has no control and makes no representations concerning the accuracy, reliability, completeness, or timeliness of any Listings. The Sites are provided “AS IS” and “AS AVAILABLE.”
Limitation of Liability
YOU SPECIFICALLY AGREE OPERATOR, NOR ITS OFFICERS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR COMPENSATORY DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), WHETHER OR NOT YOU OR OPERATOR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES WITH RESPECT TO THE SITES, INCLUDING BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES; (C) STATEMENTS OR CONDUCT OF ANY PARTY IN CONNECTION WITH OR THROUGH THE SITES; (D) ANY OTHER MATTER RELATING TO THE SITES; (E) ANY BREACH OF THESE TERMS OF USE BY OPERATOR; OR (F) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY INDIVIDUAL OR BUSINESS RELATED TO THE SITE (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT OPERATOR IS FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE.
Indemnification
You agree to indemnify and hold harmless the Operator, and its successors and assigns, from and against any and all costs, damages, whether such damages are direct or consequential, and expenses and fees, including reasonable attorneys’ fees, incurred as a result of any claim, action, proceeding, or demand arising from any content or review posted by you, your use of the Sites or your breach of these terms.
No Promise of Results
Operator does not represent or warrant that posting free or paid Listings will result in a successful response or transaction. You acknowledge that the Sites may not be accessible at all times, including during periods when a Listing is scheduled for display. You use the Sites at your own risk and without recourse to Operator if your Listing does not appear as scheduled, regardless of reason. Operator does not warrant that the Sites will operate error-free or that the Operator’s servers are free from computer viruses or other harmful mechanisms. Operator is not responsible for servicing or replacing any equipment or data from the use of the Sites. The Site is provided as is, without any warranties of any kind. Operator disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for a particular purpose and non-infringement.
Notice of Risk
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Sites.
Claims
You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to these terms or your use of the Sites is governed by Utah law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Salt Lake City, Utah (except we may seek injunctive remedy anywhere); and (3) to submit to personal jurisdiction of said courts.
