Terms and Conditions

GestaltD Buyer - Terms and Conditions

Terms of Use/Terms and Conditions

Last Updated:  September 6th, 2016

These Terms of Use (which include our Privacy Policy, Prohibited Products Policy and Seller Agreement), all of which are incorporated herein, collectively referred to as the "Terms"), contain the terms under which GestaltD LLC, a Delaware company (“GestaltD,” “we,” “us” or “our”) agrees to permit any person or entity (“you” or “your”) to access and/or use The Marketplace on GestaltD.com and any related websites and applications owned or operated by or on behalf of us (the “Site”) and to engage in any transaction, including to purchase products or services, through the Site.  The access and/or use of our Site, the ability to engage (and in fact engaging) in any transaction through our Site, and any other services we provide through the Site, are collectively referred to as our “Service.”

If you do not agree to these Terms, you are not permitted to access or use the Site or use our Service.  By accessing and/or or using the Site, and/or engaging in any transaction through the Site, you agree to be legally bound by these Terms as they may be amended from time to time.

Amendment to Terms

We may amend or revise these Terms at any time and in our sole discretion.  We post the current version of these Terms on the Site at “Terms of Use” and we will update the “Last Updated” date at the beginning of these Terms. You should review these Terms frequently to ensure that you are aware of the most up to date version, because your use, access or engaging in transactions through this Site will constitute your agreement to the Terms in their updated form. 

Privacy Policy

Our Privacy Policy, which is incorporated into these Terms, is available at http://gestaltd.com/footer_detail.php?id=7  and provides information about how we collect, use and disclose information about you.

Eligibility to Use

Our Service is available only to users who can form legally binding contracts under applicable law and who can fulfill their obligations under these Terms. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the Site; and (c) have full power and authority to enter into and perform these Terms and that doing so will not violate any obligation to which you are subject. 

You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

Registration and Your Account

In order to access and use certain areas or features of the Services, you will need to register for an account.  When you register, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your information as necessary; (c) maintain the security of your account credentials and the information you provide to us; (d) not share your account credentials with others; and (e) notify us immediately if you believe there has been any unauthorized use or security breach involving your account.  You are responsible for maintaining the confidentiality of your user ID and password, and you are responsible for all activities that occur under your account.  You may not transfer, assign or sell your account to any third party.

We Are Only a Venue

Our Service is an “access only” service that provides an online marketplace for sellers to offer to sell home décor products to buyers.  The sale and all other transactions regarding such products are directly between the seller and buyer.  Our role is limited to making the Site available and maintaining the Site as an intermediary.  We are not a representative, agent, partner or fiduciary for any buyer, seller or manufacturer for any purpose.  We do not control and we are not responsible for the sale of products or services or any other transaction between any buyer, seller or manufacturer, any information provided by any buyer, seller or manufacturer, or any of their respective acts or omissions.

Buyers and sellers are responsible to determine the value, condition and authenticity of any products or services being purchased, to pay the purchase price, and to arrange for shipping and/or installation.  We do not warrant or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items or for buyers and sellers to otherwise fulfill their respective obligations in any transactions through the Site.

YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE GOOD(S) OFFERED.

Ordering and Payment

            General.  If you make an offer to purchase an item through our Site, and the offer is accepted, you are obligated to complete the transaction with the seller and to be bound by the terms and conditions specified by the seller, unless (i) the transaction is prohibited by law or this Agreement, (ii) the seller materially changes the item’s description or the item does not conform to the seller’s description, or (iii) a typographical error exists in the listing information which materially affects the terms of sale.  Your offer to buy may be retracted for any reason at any time prior to acceptance by the seller.

            Prices.  All prices are shown in U.S. dollars, and taxes, shipping and handling charges are additional. All products and services are subject to availability, and we reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue products and services without notice, even if you have already placed your order. All prices are subject to change without prior notice.

            Credit Card and Payment.  We may offer Services on the Site that require payment by credit card.  We will not charge your credit card unless you conduct an activity on our Site that has a fee associated with it.  Before incurring fees, you will have an opportunity to review and accept the fees that you will be charged for the use of our Services.  By agreeing to a transaction with a fee, you authorize us to charge your credit card or otherwise bill your Account for such fees.  By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly. If you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your order or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

            Cancelling an Order.  You may cancel your order as long as your request is made within 48 hours of completing your purchase, provided that you have not yet received a shipment confirmation from us. In the event your order has already shipped, you may initiate a return in accordance with these Terms. To cancel an order, please email us at support@gestaltd.com or call us at (773) 980-9210.  In the event of an error in information about an item on our Site, your sole remedy is to cancel your order.

            Taxes.  In general, the seller in any transaction you participate in through the Site is the “retailer of record,” and is responsible for collecting sales and/or use taxes and remitting those taxes to the appropriate taxing authority.  If we are required to collect applicable sales or use tax on products you purchase through the Site, you agree that the amount of tax shown at checkout may be adjusted to reflect the actual sales or use tax applicable to your purchase.  Also, some jurisdictions may impose an access or license tax, and if you are in such a jurisdiction it will be your responsibility to make any required reports and payments to the appropriate taxing authority.

Delivery

We do not provide shipping or installation services.  Shipping and installation is handled by the manufacturer or seller of the product directly in coordination with you.

Products are shipped directly from the seller or the manufacturer.  Your purchases may arrive in multiple shipments.  Please visit the “My Orders” section of your online GestaltD account to track the status of your orders.  If all of your shipments have been delivered and you are still missing products, please contact us immediately at support@gestaltd.com.   

We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.  When you purchase a product through the Site, any shipping times are estimates only and actual delivery dates may vary.  In addition, for some products the delivery or installation may require a specific appointment for in-home delivery.

Returns and Refunds

Because many products offered through the Site are unique or made to order, GestaltD does not offer any returns or refunds, and all returns or refunds are handled directly between buyers and sellers.  A seller of a product may, or may not, have a return policy or option.  Please refer to each item’s product description on the Site for further information on the seller’s return and/or refund option.

Damaged or Missing Products

You must inspect the products shipped to you when you receive your order. Please document the damage, including pictures. If your items are damaged, your recourse will be against the seller (or the carrier) of the product.  However, we will use reasonable efforts to facilitate a resolution to the situation.  Please contact us at support@gestaltd.com.

If you observe significant damage to the outer packaging of the product when you receive it, please reject the shipment and have the carrier return it to the seller.  If there is minor damage to the packaging, please indicate this when you sign for the delivery.

GestaltD does not provide any warranty for products or services you purchase through the Site.  However, in many cases the products and services you purchase through the Site are covered by the manufacturer’s warranty as described in the product’s description on our Site and included with the product.  To obtain any available warranty service from the manufacturer, please follow the instructions included with the manufacturer’s warranty.

Prohibited Products

We prohibit the listing or sale of any item on our Site that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, but not limited to, items listed in our Prohibited Products Policy available at http://gestaltd.com/footer_detail.php?id=8, which is incorporated herein by reference.

 Limitations on Use

Unless otherwise indicated in writing by us, the Site and all content and other materials contained in the Site (including, but not limited to, logos, designs, text, graphics, photos, videos, information, data, software, sound files, User Content other files and the selection and arrangement thereof (collectively, “Materials”), are proprietary to us and our property (or our licensors’) and are protected by U.S. and international copyright, trademark and other laws.  We reserve all intellectual property and other rights not expressly granted in these Terms. 

Your use of the Service shall not include any right to (a) sell, resell or commercially use the Services or Materials without our prior written approval; (b) distribute, reproduce, publicly perform or publicly display any Materials without our prior written approval; (c) modify or otherwise make any derivative uses of the Services or Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Site or Materials; (f) use the Services or Materials other than for their intended purposes; (g) decompile, reverse engineer, disassemble or otherwise reduce the technology underlying the Services to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law and, in that case, only if you notify us in writing in advance; (h) copy, frameset, enclose or otherwise distribute any part of the Site; or (i) display any Materials in connection with any obscene, explicit, indecent or infringing materials or information. Any use of the Services or Materials that is not expressly permitted by these Terms is strictly prohibited, and may also violate applicable intellectual property and other laws.  Except where expressly authorized in these Terms, nothing in these Terms confers any right or license to any patent, trademark, copyright or other proprietary rights belonging to us or any third party, whether by estoppel, implication or otherwise.

Our names, logos or slogans are trademarks or service marks that belong to us.  You may not copy, imitate or use them, in whole or in part, without our prior written permission.  The look and feel of our Service (including, without limitation, all page headers, custom graphics, button icons and scripts), is proprietary to us and may not be copied, imitated or used, in whole or in part, without our prior written permission.  All other trademarks, registered trademarks, product and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

Third-Party Content

We may display content, advertisements and promotions from independent vendors and other third parties through the Services or in shipments with products (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness.

We also make no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site or of websites linking to the Site. Such sites are not under our control and we provide these links to you only as a convenience.  The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services.

Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.  You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, that third parties are solely responsible for Third-Party Content.

User Content

The Service may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, text, photos, videos, graphics, code, items or other materials (collectively, “User Content”).  If you decide to share your User Content through the Service or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish.  You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Service.

You represent and warrant that (i) your User Content is not confidential; (ii) you have the unrestricted right to post your User Content; and (iii) your User Content, and your use and posting thereof, will not violate these Terms or any applicable law or rights of any third-party.

You also agree not to use the Site to create, post, share or store any User Content that:  (i) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (ii) advocates or encourages criminal or other conduct that violates any applicable law; (iii) advertises or otherwise solicits funds or is a solicitation for goods or services; (iv) infringes, misappropriates or otherwise violates the intellectual property rights of any person; (v) contains surveys, contests, pyramid schemes, chain letters, junk mail, spam or unsolicited messages; (vi) creates a false identity for the purpose of misleading others; (vii) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content or (viii) that we determine in our sole judgment to interfere with the use or management of the Service or that is otherwise objectionable.  We have the right to terminate any receipt, transmission, or other distribution of any such material using the Site or Service, and although we are not obligated to screen or monitor User Content we may delete any such material from our servers at any time and without notice. We also intend to cooperate fully with law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

License Grant to Us

You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right and license to exercise all copyright, trademark, and publicity and other proprietary or intellectual property rights you have, in any existing or future media, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content and any other Material you post or upload to the Site, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.  We will not compensate you for exercising any rights you have granted to us for any User Content or other Materials.

Restrictions on Use

You agree that you will not (i) use our Service only for any unlawful purposes, or in a manner that does not fully comply with all agreements and laws applicable to your access and use of the Service, or that violates or infringes any person’s privacy, publicity, copyright, trademark, or intellectual property rights; (ii) transmit any information, data, text, images, files, links or software through the Site except as authorized by us; (iii) use any other user’s account without authorization; (iv) use our Service in a manner that could damage, disable, overburden or impair its functioning (including without limitation by introducing viruses, worms, Trojan horses or other harmful code); (v) attempt to circumvent any security or content-filtering protocols on the Site; (vi) use any robot, spider, crawler, scraper or other automated tool to access the Site, extract data or otherwise interfere with or modify the Site; or (vii) use our Service in any manner that violates applicable law or these Terms.

We may investigate reports of abuse or misuse of our Service.  If we determine in our discretion that it is appropriate to do so, we may limit, modify or prohibit your use of the Service and we may exercise any other legal or equitable right and remedy available to us.  We also intend to cooperate with law enforcement and other governmental agencies, which may include disclosing information about your identity and other usage of the Services.  We may also remove User Content or disable files on the Site.  We may do any of these things without notice or liability to you. 

Copyright Matters

If you are the owner of a United States copyright and you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide details of your contention to: GestaltD LLC, 1658 N Milwaukee Ave, #172, Chicago, IL – 60647

Disclaimer of Warranties; Limitation of Liability

THIS SITE AND OUR SERVICE ARE PROVIDED  WITH ALL FAULTS, AS IS AND AS AVAILABLE.

GESTALTD OR OUR OFFICERS, DIRECTORS, MANAGERS, EQUITY HOLDERS, EMPLOYEES, AGENTS,  PARENTS, SUBSIDIARIES AND OTHER AFFILIATES, AND LICENSORS (COLLECTIVELY, “RELATED PERSONS”) MAKE NO REPRESENTATION OR WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY REPRESENTATION OR WARRANTY REGARDING THIS SITE, OUR SERVICE AND ANY PRODUCTS OR ANYTHING ELSE YOU ACQUIRE THROUGH OUR SERVICE, INCLUDING WITHOUT LIMITATION:

  • ANY WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE
  • ANY WARRANTY OF TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT
  • ANY WARRANTY OR ASSURANCE REGARDING:  QUALITY, FUNCTIONALITY, PRIVACY, SECURITY, ACCURACY, AVAILABILITY; INTERRUPTION, VIRUSES OR OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF CONTENT

YOU BEAR ALL RISK IN CONNECTION WITH YOUR USE OF OUR SERVICE AND ACQUISITION OF ANY PRODUCTS OR ANYTHING ELSE THROUGH OUR SERVICE, INCLUDING  WITHOUT LIMITATION WITH RESPECT TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, OR THAT ANY SUCH MATERIAL OR ITEMS OR SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS.

YOU MAY NOT RELY, AND GESTALTD AND ITS RELATED PERSONS WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR OPINIONS EXPRESSED ON THIS SITE.  ANY OPINION OR INFORMATION PRESENTED ON THE SITE IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY OR OTHER AGREEMENT THAT IS NOT EXPRESSLY STATED IN THESE TERMS.  ANY CONTENT YOU UPLOAD OR DOWNLOAD OR OTHERWISE PROVIDE TO OR OBTAIN THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.

GESTALTD AND OUR RELATED PERSONS SHALL NOT BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OR LOST PROFITS) RESULTING OR ARISING FROM OR CAUSED BY THE SERVICES OR USE OR INABILITY TO USE THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GESTALTD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN CONNECTION WITH YOUR ACCESS OR USE OF OUR SERVICE SITE, GESTALTD WILL BE LIABLE TO YOU ONLY FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES YOU INCUR, NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

GESTALTD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON OUR SITE.  GESTALTD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, INCLUDING PERSONS WHO SELL, MANUFACTURE, OR OTHERWISE PROVIDE PRODUCTS OR SERVICES THAT YOU PROCURE THROUGH THE SITE.

IN NO EVENT SHALL GESTALTD OR ANY OF OUR RELATED PERSONS BE LIABLE FOR ANY DAMAGES OF ANY NATURE WHATSOEVER CAUSED BY OR ARISING FROM THE ACTS, OMISSIONS OR STATEMENTS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DAMAGE TO PROPERTY (TANGIBLE OR INTANGIBLE) OR PERSONAL INJURY CAUSED BY OR ARISING FROM ANY PRODUCT, SERVICE OR ANYTHING ELSE YOU ACQUIRE THROUGH THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Your Indemnity Obligations and Release

You agree to indemnify and hold GestaltD and our Related Persons harmless from any damage, loss, liability, expense, suit, claim, allegation and proceeding related to or arising from (i) your use of the Service, (ii) your breach of any provision of these Terms, and (iii) any transaction or dispute between you and any third party, including any buyer or seller of products or anything else on this Site.

You release GestaltD and our Related Persons from, and covenant not to sue for, any damage, loss, liability, expense, suit, claim, allegation and proceeding related to or arising from any transaction or dispute between you and any third party, including any buyer or seller of products or anything else on this Site.  This release and covenant not to sue includes matters that are unknown by you at this time. If applicable to you, you waive any rights under California Civil Code Section 1542, which provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor.”

Force Majeure

GestaltD and its Related Persons will not be liable for any failure to perform, or for any interruption or delay in performance, caused by circumstances beyond our reasonable control, including without limitation a labor shortage or disturbance, an outage or interruption of service with respect to power supply, the Internet, servers or other hardware, failure by any of our service providers to perform, fire, civil disturbance or natural disaster.

General Provisions

All matters related to the Service, these Terms, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of Illinois or any other jurisdiction).

Any suit, action or proceeding arising out of or related to the Service or these Terms shall be instituted exclusively in the federal courts of the United States of the courts of the State of Illinois, in each located in the City of Chicago, Illinois.  You waive any objections to exercise of jurisdiction over you by such courts and to venue in such courts.  We may file a suit for injunctive or other equitable non-monetary relief in any other jurisdiction. 

YOU AND WE EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE SERVICE AND THESE TERMS.

Any waiver by us of any provision of these Terms shall be in a writing and expressly refer to the provision or right to be waived, signed by an authorized representative of GESTALTD, and any such waiver shall not be deemed a continuing waiver of such provision or a waiver of any other provision, and any failure by us to assert a right under these Terms shall not constitute a waiver thereof.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be modified to the minimum extent necessary to make the provision valid, legal and enforceable.  If modification is not possible, such provision shall be deemed stricken and the remaining provisions of these Terms shall continue in full force and effect.

These Terms shall be construed according to their plain meaning and without regard to any rule of construction requiring language to be construed against the person drafting the same.

These Terms (including our Privacy Policy, our Prohibited Products Policy, and Seller Agreement which are incorporated into these Terms by reference) collectively contain the entire agreement between you and us concerning the subjects covered by these Terms, and supersede all prior agreements, representations and commitments, both written and oral, concerning such subjects, none of which prior matters shall be binding on you or us.  No person other than an officer of GESTALTD is authorized to change or vary any provision of these Terms.

Any notices given to us pursuant to these Terms must be given in writing and sent by mail (first class postage prepaid) to: GestaltD LLC, 1658 N Milwaukee Ave, #172, Chicago, IL – 60647, Attn: Puja Lakhanpal; and will be effective when we receive it.  We can deliver notices to you by mail (first class postage prepaid) or by email to the street or email that we have on file for you, and will be effective 24 hours after being sent by email or 3 days after being deposited into the mail.  We may also give notice of changes to these Terms or other matters by displaying notices on the Site.

 

GestaltD Seller - Terms and Conditions/Seller Agreement

Seller Agreement

By registering to sell through The Marketplace on GestaltD.com using the Portal and any related websites and applications owned or operated by or on behalf of GestaltD (collectively, the “Site”), you as an individual, or the entity on behalf of which you are registering (referred to as “you,” “your” or “Seller”), agree to be bound by the terms, conditions and other provisions of this Seller Agreement, and all of the policies and guidelines referred to herein (which are incorporated herein by reference and are collectively referred to as the “Agreement”).  GestaltD LLC (referred to as “GestaltD”, “we,” “us” or “our”) and Seller are each referred to as a “Party” and collectively as the “Parties”). This Agreement is effective as of the date you register for the Site through the Portal (the “Effective Date”). Certain capitalized terms are defined at the end of this Agreement.

We reserve the right to change any of the terms, conditions and other provisions in this Agreement (including all policies and guidelines referred to in this Agreement), at any time and in our sole discretion.  Any changes will be effective upon posting of the revisions on the Site.  You are responsible for reviewing the Site and being aware of any applicable changes. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.  IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE.

 

  1. GESTALTD’S RESPONSIBILITIES.
  1. Site Hosting and Maintenance.  We will provide you with access to the Site as a platform for you to post Merchandise Listings and facilitate the offer and sale of Merchandise to Buyers.  We will be responsible for all operating functions of the Site.  We are not involved in the actual transaction between you and any Buyer, except as expressly set out in this Agreement.  You (and Buyers) use the Site at your (and their) own risk.
  2. Site Design.  GestaltD retains the right to determine the content, appearance, design, functionality and all other aspects of the Site (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and any element, aspect, portion or feature thereof), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require you not to list, any Merchandise in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any sale of Merchandise through the Site. You will stop and/or cancel orders of Merchandise if we ask you to do so (provided that if you have transferred Merchandise to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any Buyer (in accordance with this Agreement) that has been charged for an order that we stop or cancel. 

Buyer Orders. GestaltD will process Buyer orders and collect Sales Proceeds remitted by Buyers for Merchandise ordered from you through the Site. GestaltD has no obligation to initiate collection action or take any action against a Buyer to collect funds on your behalf.  GestaltD payment timeline to vendors is based on whether a product is Custom Made upon receiving customer order or an In-stock item. For custom products, GestaltD will remit amounts, less any amounts you owe to GestaltD, in two payments as follows - (i) GestaltD will pay 50% of applicable amount, 1-3 days after GestaltD receives sales proceeds for the applicable merchandise, from the Buyer (ii) GestaltD will pay remining 50% of applicable amount 3-5 days after the date on which the applicable merchandise is delivered and accepted by the Buyer, by electronic funds transfer to the bank account you identified in the Portal.

For in-stock items, GestaltD will remit amounts, less any amounts you owe to GestaltD, 3-5 days after the date on which the applicable merchandise is delivered and accepted by the Buyer, by electronic funds transfer to the bank account you identified in the Portal.

 

All payments are contingent upon GestaltD receiving payment from the buyer. GestaltD may withhold partial payment to settle any customer disputes and/or issue refunds etc. You hereby appoint GestaltD as your agent for the sole and express purpose of receiving Sales Proceeds. You agree that GestaltD's receipt of Sales Proceeds from a Buyer is deemed to be the receipt of those funds from the Buyer by you.

 

  1. Payment.  Sales Proceeds are credited to your Payment Account (defined below), and funds are periodically transferred to the bank account you designate on the Portal. When a Buyer remits funds to GestaltD for a Transaction, you agree that the Buyer authorizes and orders us to commit the Buyer's payment to you (less any applicable fees or other amounts we may charge you or that you agree to pay us under this Agreement). You agree that Buyers satisfy their obligations to you for Transactions when we receive the Sales Proceeds. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts you owe to GestaltD, subject to chargeback or reversal or withheld for anticipated claims in accordance with this Agreement. We will hold Sales Proceeds in an account (a "Payment Account"), and you will have only a non-recourse and unsecured claim against the Payment Account for amounts due you under this Agreement.  The Payment Account is not insured by the FDIC.  GestaltD does not hold any Sales Proceeds as your fiduciary. We may combine Sales Proceeds from your Transactions with those of other Buyers on the Site, invest any Sales Proceeds, or use any Sales Proceeds for any other purposes and in a manner that benefits GestaltD, without accounting to or compensating you, to the extent not prohibited by Applicable Law. You will not receive interest or any other earnings on any Sales Proceeds.  GestaltD may charge you a fee for the use of the Site, as specified in the Portal (which fee is subject to change). You authorize GestaltD to recoup its fee or any other amounts due to us by deducting and setting off those amounts from any funds we may owe you, including from funds in the Payment Account.

 

  1. SELLER'S RESPONSIBILITIES.
  1. Enrollment; Account Activation. You will provide information requested on the Portal during account activation, and you will update the information promptly to reflect any changes. You agree that you are the “seller or retailer of record” for tax, liability and all other purposes.  You are liable for all uses or actions occurring through your account on the Portal with respect to the Site (whether or not authorized by you).
  2. Merchandise Listings. You will create Merchandise Listings through the Portal for all Merchandise you intend to sell on the Site. You may provide us information and we can assist you in uploading your merchandise on the portal. You must accurately describe the item of Merchandise for sale, and your Merchandise Listings must comply with the specifications and policies posted in the Portal. You are responsible for promptly updating your Merchandise Listing(s) to ensure the Merchandise Listing and inventories are at all times accurate. You will not list any Merchandise you do not have in stock at that time. GestaltD may reject, remove or censor any Merchandise Listing for any reason, in GestaltD's sole discretion.  You agree that you are obligated to sell the Merchandise at the listed price to Buyers who meet your terms. By listing an item for sale on the Site, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the Merchandise Listing is accurate, current, and complete and is not misleading or otherwise deceptive.  You are responsible to establish prices for your Merchandise, and you will enter pricing through the Portal.

 

  1. Prohibited Merchandise. You will not promote, offer for sale, or provide GestaltD with Merchandise Listings that (a) contain any Prohibited Merchandise, (b) promote or engage in any deceptive trade practice (including spoofing, slamming, cramming, phishing, attempting to scam or defraud a Buyer into surrendering private and/or personal information); or (c) promote or engage in any activity that violates Applicable Law.
  2. Permits and Licenses; Taxes. You will, at your own expense, obtain all permits and licenses required to operate your business in accordance with Applicable Law.  You agree that it is your responsibility to determine whether Seller Taxes apply to any Transaction and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority.  GestaltD is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any Transaction.  If a taxing authority requires GestaltD to pay any of Seller Taxes, you will promptly reimburse GestaltD for the amounts paid and all other Liabilities related to the tax claim.

 

  1. Shipping. You are responsible for all aspects of shipping, including providing adequate packaging, tagging, labeling and packing of Merchandise in compliance with Seller Specifications and Applicable Law.
  1. Process. When you receive notice of an order from a Buyer (a “Buyer Order”) at the e-mail address you specify in the Portal, you will process and fulfill the Buyer Order in compliance with the Seller Shipping and Delivery Policy, and will make the Merchandise requested in a Buyer Order (“Requested Merchandise”) available for pick up by a common carrier to deliver to the applicable Buyer. You will not substitute any item(s) for the Requested Merchandise. Title to and risk of loss of and/or damage to the Requested Merchandise will remain with you until delivery to and acceptance by the Buyer. GestaltD will not have title to, or deemed the legal owner of, any Merchandise at any time.
  2. Delivery Errors, Non-conformities.  You are responsible to monitor all orders and ensure all shipments are made within the timeframes indicated in the Seller Specifications.  You are responsible for any non-delivery, delivery error, mistake, theft or act in connection with the fulfillment and delivery of its Merchandise, except to the extent caused by GestaltD's failure to properly process a Buyer's address verification in the course of the purchase of the Merchandise.  If you provide delivery within a Buyer’s residence or premises, and/or installation services for Merchandise, you (a) will maintain general liability insurance, vehicle insurance, and worker's compensation insurance in the amounts set forth in the Marketplace Vendor Guide and (b) will not permit any of your Personnel to enter the residence or premises of Buyers until they have passed the drug testing and background check requirements specified in the Marketplace Vendor Guide.

 

  1. Buyer Service Issues. You will resolve any dispute directly with Buyer, including service issues arising from, or in connection with your promotion, sale, order fulfillment, delivery and/or quality of Merchandise. GestaltD will direct Buyers with service issues related to Merchandise to contact you via the contact information you provide in the Portal. If you fail to respond to Buyer service issues, or requests from GestaltD related to same, GestaltD may take any actions necessary to ensure compliance.
  2. Chargebacks. If GestaltD notifies you of a Buyer chargeback or chargebacks received due to non-delivery, or other dispute related to your transactions, you must present GestaltD with all information requested in the chargeback notification within 5 business days of receiving notice. If you fail to comply with GestaltD' request, you will reimburse GestaltD for the Buyer chargeback(s) in accordance with the settlement and payment terms herein. You will not be responsible for chargebacks due to (a) theft and/or unauthorized use of a third party's credit card information for which GestaltD is responsible (except to the extent such theft and/or unauthorized use is attributable to you), and (b) non-delivery due to GestaltD's failure to send the order information to you.
  3. Marketing; Restrictions; Buyer Information. You may not directly or indirectly disclose or use any Buyer information or other transaction information, except as necessary to fulfill your fulfillment and customer service obligations under this Agreement. You may not use any Buyer information for any of its own marketing or promotional activities. To the extent you obtain Buyer information outside of your relationship with GestaltD or the Site, the terms of this section will not prevent you from using such Buyer information, provided that you may not explicitly target Buyers on the basis of their purchases or presence on the Site.
  4. Refunds; Returned Merchandise. You will submit a return policy (the “Seller Return Policy”) using the form provided on the Portal. The Seller Return Policy must (i) apply to all Merchandise, (ii) outline the process for Buyers to return the Merchandise directly to you, and (iii) be at least as accommodating to Buyer returns as the GestaltD Return Policy. You agree to honor all Buyer returns in accordance with the Seller Return Policy published at the time of the Buyer's purchase of Merchandise.
  5. Recalled Merchandise; Defective Merchandise. You will immediately notify GestaltD of any safety issues or recalls affecting the Merchandise you list on GestaltD Marketplace. You are responsible for all defective or recalled Merchandise, including any costs associated with recalls, all Liability related to your Merchandise (regardless of whether such Merchandise is defective), and you will bear all costs associated in notifying Buyers and handling such recalls of Merchandise.
  6. Disclosure of Information. GestaltD reserves the right (but is not obligated) to investigate report any activity that it suspects violates Applicable Law to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, Buyer contact details, IP addressing and traffic information, usage history, and posted content.
  1. INTELLECTUAL PROPERTY.
  1. Grant of License by GestaltD. GestaltD hereby grants you a non-exclusive, revocable, non-transferable license to promote and sell Merchandise on or through the Site to Buyers, subject to the terms of this Agreement.  GestaltD and you each agree that, as between you and GestaltD, you own all Seller Content and Seller Marks, subject to the License granted herein.  You may not use or incorporate any GestaltD Mark, in whole or in part, in your business or account name or in any Buyer-facing identification.  

 

  1. Grant of License by Seller. By entering into this Agreement and listing Merchandise, you grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Seller Content (product description, prices, photos, shipping info etc.) you submit to GestaltD and our affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Site) through which the Site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any Seller Trademarks (that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same in material respects) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the Site); provided further, however, that nothing in this Agreement will prevent or impair our right to use without your consent Seller Content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to Seller Content, and that the use of such materials by GestaltD and our affiliates in accordance with this Agreement will not infringe upon or violate the rights of any third party.

 

  1. Intellectual Property Rights. All right, title and interest in and to the Site, and all data collected or stored in connection with the Site, and all IP Rights associated with the foregoing, will at all times remain the exclusive property of GestaltD, and except as expressly provided herein, nothing will be construed as conferring on you any license to GestaltD's IP Rights, whether by estoppel, implication or otherwise. If you are deemed to have any ownership interest or rights in any of the foregoing, or any part thereof, then you hereby all of such ownership interest and rights to GestaltD, including all of your IP Rights therein. All rights not expressly granted herein are reserved to GestaltD.
  1. TERM AND TERMINATION.
  1. Term. The term of this Agreement will commence on the Effective Date, and will continue in effect until such time as revised by GestaltD, or terminated by either Party in accordance with the notice and termination requirements set forth below.
  2. Termination. You may terminate this Agreement at any time on 2 business days' notice to GestaltD, in which case you will process and fulfill all open orders placed before the effective date of termination . GestaltD may terminate this Agreement (i) at any time upon 2 business days’ notice to you; or (ii) immediately upon notice to you if GestaltD determines in its discretion that you have breached any term of this Agreement (and we may in our discretion cancel all open Buyer orders for Merchandise, and remove all of your Merchandise Listings from the Site).
  3. Survival. Termination of this Agreement will be without prejudice to the rights of either Party against the other in respect of any antecedent claim or breach of any of the provisions of this Agreement. Any obligations of the Parties relating to limitations on liability, confidentiality and indemnification, as well as any other obligations under this Agreement that by their nature are intended to survive, including any payment or Buyer services obligation in connection with the sale of Merchandise hereunder, will survive termination of this Agreement.
  1. REPRESENTATIONS AND WARRANTIES.  You represent and warrant that:
  1. Your Merchandise Listings, Seller Content and all other information you provide to GestaltD is accurate, complete, current, includes all disclosures associated with the Merchandise as required by Applicable Law, and is not misleading or deceptive in any manner;
  2. The publication, reproduction, display, modification, distribution or transmission of Seller Content or a Merchandise Listing does and will not (a) infringe, misuse, dilute, misappropriate, or otherwise violate any IP Rights of third parties; (b) contain defamatory or discriminatory content, (c) constitute an invasion of a person’s rights of privacy or publicity; and/or (d) reflect unfavorably on GestaltD, the Site and/or other sellers on the Site;
  3. You will fully comply with Applicable Law at all times;
  4. All Merchandise you sell pursuant to this Agreement is not subject to any health, safety or product quality recall, nor is it subject to any lien, claim or encumbrance that limits your ability to convey good and marketable title to Merchandise to the Buyer thereof;
  5. You will maintain at a minimum such product liability insurance coverage limits, general liability, vehicle, and worker's compensation coverage limits as required by Applicable Law;
  6. All information or data uploaded or transmitted by you or on your behalf to the Portal, Site, or any other GestaltD website, application, or system, or to a Buyer, is free from any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Portal, Site, any other GestaltD website, application, or system. You will not use the Site to violate the security of, or gain unauthorized access to, any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes to use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site, collect any information about other Buyers (including Buyer names and/or email addresses); or to reformat or frame any portion of the Site), or use the Site and/or any other Seller Content, intentionally or unintentionally, to violate any Applicable Law.
  1. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, GESTALTD MAKES NO WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ANY SERVICES, AND/OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THE SITE OR THROUGH ANY LINKS THEREON, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE SITES ARE PROVIDED BY GESTALTD ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SELLER'S USE OF THE WEBSITE IS SOLELY AT SELLER'S OWN RISK. GESTALTD DOES NOT WARRANT THAT SELLER'S USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, NOR DOES GESTALTD MAKE ANY WARRANTY OR GUARANTEE WITH REGARD TO RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE, OR THE SALE OF ANY MERCHANDISE ITEMS THEREON, OR ANY SERVICES PROVIDED BY GESTALTD TO SELLER IN CONNECTION THEREWITH, INCLUDING ANY WARRANTY WITH RESPECT ANY MERCHANDISE LISTING OR ANY RESULTS SELLER MAY OBTAIN UNDER THIS AGREEMENT. THE FUNCTIONALITY PROVIDED BY THE SITE OR GESTALTD, OR ITS DESIGNEES' SERVERS IS NOT AN ARCHIVE; SELLER IS SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT ARCHIVAL AND BACKUP COPIES OF ALL INFORMATION, INCLUDING SELLER CONTENT PROVIDED TO GESTALTD.
  2. LIMITATION OF LIABILITY. IN NO EVENT WILL GESTALTD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM TO BUSINESS), EVEN IF IT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GESTALTD'S LIABILITY UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY) BE GREATER THAN THE LESSER OF (I) $1000 US DOLLARS OR (II) THE TOTAL FEES PAID BY SELLER TO GESTALTD IN THE THIRTY (30) DAYS PRIOR TO THE DATE ON WHICH ANY SUCH CLAIM AROSE.
  3. DEFENSE AND INDEMNIFICATION.
  1. Obligation. Seller will indemnify and hold harmless the GestaltD Parties from and against all Liabilities, whether actual or alleged (even though such allegations may be false, fraudulent or groundless), arising out of, caused by or relating to any of the following: (i) infringement, misuse, dilution, misappropriation, or other violation of any IP Rights of third parties; (ii) death of or injury to any person, damage to any property, or any other damage or loss, resulting or claimed to result in whole or in part from any latent or patent defect in Merchandise, (ii) the design, manufacture, construction, materials, delivery, assembly, installation, repair, display, packaging, use or service of Merchandise; (iii) failure of Merchandise to comply with any Applicable Law or with any samples, Seller Content or Seller Specifications, or with any express or implied warranties; (iv) the commercialization, distribution, advertising or sale of any Merchandise; (v) any claim of strict liability in tort relating to Merchandise; (v) the publication of Seller Content and any other information Seller supplies to GestaltD to display in Merchandise Listings; (vi) the packaging, tagging, labeling, packing, shipping, delivery and invoicing of Merchandise; (vii) failure to warn or to provide adequate warnings or instructions in the use, assembly, service or installation of Merchandise;(viii) (ix) the assertion by a third party of a security interest, right of replevin, or other legal interest in Merchandise, including any created by a factoring or other credit arrangement in any amount due Seller under a vendor agreement; (ix) any improper collection, storage, use or disclosure of Confidential Information; (x) any breach by Seller or failure of Seller to perform any of its agreements, representations or warranties in this Agreement;; (xi) claims by any of Seller’s Personnel resulting from Seller’s breach of any of Seller’s obligations to such Personnel; (xii) any act or omission by any Seller Personnel which, if done or omitted be done by Seller, would constitute a breach by Seller of this Agreement; and (xii) Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. Seller will not be responsible for Liabilities to third parties to the extent solely and proximately caused by the gross negligence or willful misconduct of any Indemnified Party.                                                                
  2. Insurance Requirements. You will maintain at a minimum such product liability insurance coverage limits as defined in the GestaltD Marketplace Vendor Information Guide, available through the Portal. Such policy(ies) must provide that the coverage thereunder will not be terminated without at least 30 days prior written notice to GestaltD.
  1. CONFIDENTIALITY.
  1. Definition and Obligations.Confidential Information” means any technical or business data or information furnished, in whatever form or medium, by GestaltD regardless of whether marked or identified as “Confidential,” including Confidential Personal Information (as defined below), the terms of this Agreement, and the operations and technology to be utilized in connection with the Portal and Site. You agree to: (i) treat as confidential, and preserve the confidentiality of all Confidential Information and not disclose it to any third party; (ii) use the Confidential Information solely for the purposes of this Agreement; and (iii) not copy such Confidential Information unless expressly authorized by GestaltD.
  2. Treatment of Confidential Information. Your obligations with respect to Confidential Information will not apply to any information that you can demonstrate: (i) is already in Seller's possession, as shown by documentation and without obligation of confidentiality; (ii) without action or fault on your part, is or becomes publicly available; or (iii) you obtained from a third person without breach by such third person of an obligation of confidence. You must promptly return or destroy all Confidential Information at GestaltD's request.
  3. Confidential Personal Information. Additional obligations apply to Confidential Personal Information. All information related to Buyers, including names, addresses, telephone numbers, account numbers, and demographic, financial and transaction information, and any other consumer-related information whose disclosure, storage or use is regulated by Applicable Law, is “Confidential Personal Information.”  You will not duplicate or incorporate the Confidential Personal Information into your own records or databases, and you will restrict disclosure of Confidential Personal Information to your Personnel who have a need to know such information to perform under this Agreement and to whom disclosure is lawful. Except as necessary to fulfill Customer Service obligations, you will not disclose Confidential Personal Information to any third party, including any of your affiliates, subsidiaries or Personnel without the prior written consent of GestaltD. Unless otherwise prohibited by Applicable Law, you will: (i) immediately notify GestaltD of any legal process served on you to obtain Confidential Personal Information; and (ii) permit GestaltD adequate time to exercise its legal options to prohibit or limit such disclosure. You will notify GestaltD promptly upon the discovery of the loss, unauthorized disclosure or unauthorized use of Confidential Personal.
  4. PCI Compliance.  You agree that you are responsible for the security of Buyer credit card data you receive in connection with Transactions (if applicable), and you and will comply with current Payment Card Industry (“PCI”) Data Security Standards (as updated by the PCI from time to time). In the event of a data breach of a Buyer's credit card information involving you or your IT system environment, you will immediately notify GestaltD and cooperate fully with GestaltD and/or industry/government officials in a review and/or forensic investigation of your system environment and/or processes.
    $(document).ready(function() { $("#email").change(function (e) { //removes spaces from username $(this).val($(this).val().replace(/\s/g, '')); var email = $(this).val(); //alert(email); if(email.length < 1){$("#checkemail").html('');return;} if(email.length >= 1){ $("#checkemail").html('Loading...'); $.post('regis4.php', {'email':email}, function(data) { var valdata = data.split("_"); var msg = valdata[1]; //alert(valdata); if(valdata[0] == 1) { $("#checkemail").html(msg); document.getElementById("email").value = ''; } else { $("#checkemail").html(''); } }); } }); }); // $("#country").change(function (e) { // //removes spaces from username // $(this).val($(this).val().replace(/\s/g, '')); // var country = $(this).val(); // //alert(country); // //alert(email); // $("#addstate").html('Loading...'); // $.post('add-state-ajax.php', {'country':country}, function(data) { // var msg = data; // //alert(data); // $("#addstate").html(msg); // }); // }); /*$("#state").change(function (e) { alert("abc"); //removes spaces from username $(this).val($(this).val().replace(/\s/g, '')); var state = $(this).val(); //alert(state); //alert(email); $("#addcity").html('Loading...'); $.post('add-city-ajax.php', {'state':state}, function(data) { var msg = data; //alert(data); $("#addcity").html(msg); }); }); */ var jQ = $.noConflict(); jQ(document).ready(function(){ //alert($("#state").val()); jQ('#user_registration').formValidation({ fields: { firstname: { validators: { notEmpty: { message: 'The first name is required' } } }, lastname: { validators: { notEmpty: { message: 'The last name is required' } } }, vendor_name: { validators: { notEmpty: { message: 'The Vendor Name is required' } } }, email: { validators: { notEmpty: { message: 'The email address is required' }, emailAddress: { message: 'The input is not a valid email address' } } }, password: { validators: { notEmpty: { message: 'The password is required' }, stringLength: { min: 6, max: 30, message: 'The password must be more than 6 and less than 30 characters long' }, identical: { field: 'confirm_password', message: 'Please make sure to type exact password to confirm your password' } } }, confirm_password: { validators: { notEmpty: { message: 'The confirm password is required' }, stringLength: { min: 6, max: 30, message: 'The password must be more than 6 and less than 30 characters long' }, identical: { field: 'password', message: 'Please make sure to type exact password to confirm your password' } } }, company: { validators: { notEmpty: { message: 'The Company is required' } } }, postcode: { validators: { notEmpty: { message: 'The Pincode is required' } } }, website: { validators: { notEmpty: { message: 'The Website is required' } } }, agree: { validators: { notEmpty: { message: 'You must agree with the terms and conditions' } } }, country: { validators: { notEmpty: { message: 'The country is required' } } }, state: { validators: { notEmpty: { message: 'The state is required' } } }, city: { validators: { notEmpty: { message: 'The city is required' } } }, primary_contact: { validators: { notEmpty: { message: 'The Primary Contact is required' } } }, address1: { validators: { notEmpty: { message: 'The Address1 is required' } } }, address2: { validators: { notEmpty: { message: 'The Address2 is required' } } }, phone: { validators: { notEmpty: { message: 'The Phone is required' } } }, primary_detail: { validators: { callback: { message: 'The Detail is required', callback: function (value, validator, $field) { var items = $("#primary_contact").val(); var items1 = $("#primary_detail").val(); // alert(items1); if(items != "" && items1 == '') { return value == items; } else { return value == items1; } } } } } } }); });