Mobility Database

Terms of Use

Draft version. Effective date: [DATE]

DRAFT FOR ATTORNEY REVIEW. This document was written as a starting point and has not been reviewed by a lawyer. It is not legal advice. Have a Wisconsin attorney review and adjust it before the site opens to the public.

1. Who we are and what this site is

Mobility Database (the "Site") is operated by [LEGAL BUSINESS NAME], a Wisconsin limited liability company ("we," "us"). The Site is an online listing service where people can post used mobility equipment for sale or donation and where other people can find it and contact the seller.

We are not a party to any sale. We do not own, inspect, repair, test, store, ship, or sell the equipment. We do not process payments or hold money. Every sale or donation is a direct agreement between the buyer and the seller. We are not a medical provider, a dealer, or a pharmacy.

2. Who may use the Site

You must be at least 18 years old and able to form a binding contract. Use of the Site is limited to the United States. If you act for someone else (for example as a caregiver or as an estate representative), you confirm that you have the authority to do so.

3. Your account

You sign in with a one-time link we send to your email address. You are responsible for keeping your email account secure and for everything done through your account. Tell us right away if you think someone else has access. We may suspend or close accounts that break these Terms or put others at risk.

4. Listings

If you post a listing, you promise that:

  • you own the item or have the right to sell or give it away;
  • every statement and photo is true, current, and shows the actual item;
  • the condition grade you chose matches the written grade descriptions, and you completed the seller checklist honestly;
  • the serial number, if you give one, is the real serial number of the item;
  • the item is not on the list of prohibited items in our Listing Rules; and
  • you will not ask any buyer to pay through the Site, by gift card, by wire transfer, or by any other method the Rules forbid.

We may review, reject, hide, or remove any listing at any time, with or without a reason. New sellers' first listings are reviewed by a person before they go live. A listing that passes review is not an endorsement, and we do not guarantee that it is accurate or safe.

5. Buying

Used equipment is sold as is. You are responsible for looking at the item, testing it, and deciding whether it is suitable and safe for the person who will use it. The Site, the condition grades, the "Safety Checked" badge, the Fit Finder, the Price Guide, and the Equipment Passport are aids only. They are not inspections, warranties, appraisals, or guarantees. Information from sellers may be wrong or incomplete.

6. Payments

We do not take, hold, or send money for buyers and sellers. Pay in person or arrange payment directly. Never pay with gift cards, wire transfers, cryptocurrency, or by sending money to someone you have not met. Never accept a check for more than the price. If someone asks you to do any of these things, report them.

7. Messages and contact details

The Site relays messages between members without showing email addresses or phone numbers. To protect members, you may not type email addresses or phone numbers into listings or messages. Members may choose to share contact details with each other using the Share My Contact feature. Contact details are shown only when both people have agreed, and either person can take theirs back. Once you give your contact details to someone, we cannot control what that person does with them.

8. Your content

You keep ownership of the photos and text you post. You give us a non-exclusive, worldwide, royalty-free license to store, display, copy, resize, and distribute your content on the Site and in our emails and promotions of the Site, for as long as the content is on the Site and for a reasonable time afterward in backups. You promise that your content does not violate anyone else's rights or any law. Photos you upload are viewable by anyone who has their link, and listing photos are shown to the public.

9. What you may not do

  • Post false, misleading, stolen, or illegal items or information.
  • Harass, threaten, or deceive other members, or try to collect money through fraud.
  • Collect other members' information, scrape the Site, or send unsolicited marketing.
  • Try to get around the human check, the rate limits, the message filters, or any other safety feature.
  • Interfere with the Site, probe it for weaknesses without our written permission, or use it to spread malware.
  • Use the Site to give medical advice or to sell items that need a prescription.

10. Delivery

Delivery, where offered, is performed by an independent delivery partner and is governed by our Delivery Terms. We are not the carrier.

11. No medical advice

Nothing on the Site is medical advice. We cannot tell you whether a piece of equipment is right for you or anyone else. Ask a doctor, therapist, or equipment specialist about what equipment is appropriate, how to fit it, and how to use it safely. Do not use used equipment for mobility until you are sure it works safely. In an emergency, call 911.

12. Disclaimers and limits on our responsibility

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SAFETY, OR NON-INFRINGEMENT, AND WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS ARISING FROM TRANSACTIONS BETWEEN MEMBERS, THE CONDITION OR SAFETY OF ANY ITEM, OR THE ACTS OR OMISSIONS OF ANY MEMBER OR OF ANY INDEPENDENT BUSINESS LISTED OR REFERRED THROUGH THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE IS LIMITED TO [AMOUNT, TO BE SET BY ATTORNEY]. SOME PLACES DO NOT ALLOW THESE LIMITS, SO THEY MAY NOT APPLY TO YOU.

13. Your responsibility to us

You agree to defend and reimburse us for claims, losses, and costs (including reasonable legal fees) that come from your listings, your messages, your use of the Site, or your breach of these Terms, to the extent the law allows.

14. Ending your use

You can stop using the Site at any time and can ask us to delete your account (see the Privacy Policy). We can suspend or end your access at any time. Sections that by their nature should survive, including 4, 5, 8, 11, 12, 13, and 15, survive.

15. Changes, law, and disputes

We may update these Terms. If a change is important, we will tell members by email or on the Site. Using the Site after a change means you accept it. These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law rules. [ATTORNEY: confirm governing law, venue, and whether to include an arbitration clause or class-action waiver.]

16. Contact

Questions about these Terms: use the contact form or write to the contact form. Mailing address: [BUSINESS MAILING ADDRESS].