Dialist Terms & Conditions
Effective Date: July 25, 2026 · Last Updated: August 24, 2026 · Version 2026.08.24
These Terms govern your access to and use of the Dialist Marketplace website and mobile applications, Dialist Secure Checkout, watch listings, offers and transaction tools, messaging features, payment facilitation, dealer subscriptions, customer support, and any other products, services, software, features, or functionality that Dialist makes available through the platform (collectively, the “Services”).
The Services are provided by Dialist Marketplace Inc., a corporation incorporated under the laws of Ontario, Canada, and Dialist Marketplace Inc., a corporation incorporated under the laws of the State of Florida with its principal place of business at 852 NJ-3 Ste 216, Clifton, NJ 07012, United States — separate but affiliated corporations, each doing business as Dialist. Which entity is your counterparty is determined as follows. For a purchase of a Product made through the Services, it is determined by the delivery address for that order: where the order is shipped to an address in Canada, your counterparty is the Ontario corporation, and where the order is shipped to an address anywhere else in the world, your counterparty is the Florida corporation. For a dealer or other seller, it is determined by the registered business address of that seller or, where the seller is an individual, that individual’s principal place of residence. For any other Service, it is determined by your address as recorded on your Account or in the applicable separate written agreement. Your counterparty for a given transaction is fixed at the time that transaction is entered into and does not change afterwards. In these Terms, “Dialist,” “we,” “our,” and “us” refer to the entity that is your counterparty. Where you enter into a separate written agreement with Dialist, the Dialist entity identified in that agreement is your sole counterparty for that transaction, and no other Dialist entity assumes any obligation or liability under it. Correspondence to either entity may be sent to the United States address above.
You accept these Terms by clicking or tapping the acceptance checkbox or button presented when you create an Account or complete a checkout, and, to the extent permitted by applicable law, by accessing or using the Services (these “Terms”). Dialist maintains a record of each acceptance, including the version of these Terms accepted, and the date and method of acceptance. If you do not agree to these Terms, you must immediately discontinue your use of the Services.
Certain Services are subject to additional terms. These are the Dialist Secure Checkout & Return Policy, the Privacy Policy, and, where you are a dealer, the Dealer Agreement (collectively, the “Additional Terms”). The applicable Additional Terms are incorporated into these Terms by reference and form part of your agreement with Dialist. In the event of any conflict between these Terms and any applicable Additional Terms, the applicable Additional Terms govern with respect to the subject matter they address. Where you and Dialist have separately entered into a written agreement for a particular service, that agreement governs that service and prevails over these Terms to the extent of any inconsistency, whether or not you hold a Dialist Account, and nothing in these Terms supersedes, replaces, or amends that agreement.
Dealers offering Products for sale through the Services must comply with these Terms, the Dealer Agreement, the Secure Checkout & Return Policy, and all other applicable Dialist policies. In the event of any conflict relating specifically to dealer operations, fulfillment obligations, performance standards, compliance requirements, fees, returns, chargebacks, liability, indemnification, dispute resolution, or jurisdiction, the Dealer Agreement shall govern to the extent of such conflict. Where you are a Dealer and a dispute arises out of or relates to the Dealer relationship, the dispute resolution, arbitration, governing law and jurisdiction provisions of the Dealer Agreement apply to that dispute instead of the corresponding provisions of these Terms.
IMPORTANT NOTICE: These Terms contain important provisions regarding limitations of liability, disclaimers, releases, and binding arbitration that affect your legal rights. Please read these Terms carefully before using the Services.
Except where a watch, product, or service is expressly offered by the Dialist Official Account or another Dialist-owned account identified as the seller or service provider of record, Dialist operates solely as a technology platform that facilitates transactions and interactions between independent buyers, sellers, consignors, dealers, service centres, and other users. Dialist is not the owner, consignor, seller, purchaser, broker, agent, or transferor of products or services offered by third parties through the Services.
You must comply with these Terms, the applicable Additional Terms, and all policies made available through the Services.
You may use the Services only as permitted by applicable law. You may not misuse the Services. Without limitation, you may not:
Using the Services does not grant you ownership of any intellectual property rights in the Services or any content made available through them (”Content”). Except as expressly permitted by these Terms, by the applicable owner, or by applicable law, you may not reproduce, distribute, modify, display, create derivative works from, or otherwise use any Content. These Terms do not grant you any right to use Dialist’s name, trademarks, logos, branding, trade dress, software, or other intellectual property.
The Services may display content provided by advertisers, partners, other users, or other third parties, as well as content submitted by you (collectively, “Third-Party Content”). Third-Party Content remains the sole responsibility of whoever provides it. Dialist does not endorse or verify Third-Party Content and disclaims all liability arising from it to the fullest extent permitted by law. Dialist may, but need not, review, restrict, or remove any content on the Services at any time and for any reason.
Dialist may temporarily suspend or restrict access to all or part of the Services while investigating suspected fraud, policy violations, anti-money laundering concerns, security incidents, suspicious activity, legal compliance matters, or any conduct that may expose Dialist, its users, or third parties to legal, financial, reputational, or operational risk.
In connection with your use of the Services, Dialist may send you service announcements, administrative notices, security notifications, transactional communications, legal notices, and other information necessary for the operation of your Account or the Services through email, SMS, telephone, WhatsApp, in-app messaging, push notifications, platform notifications, or any other communication method you have provided. These operational communications are not marketing and cannot be opted out of while you maintain an active Account. Separately, and only where you have given your own express, opt-in consent that is unbundled from your acceptance of these Terms (as required, for example, by Canada’s Anti-Spam Legislation and similar laws in other jurisdictions), Dialist may send you marketing communications. You may withdraw that consent and opt out of marketing communications at any time using the unsubscribe mechanism provided in each message or through your Account settings, without affecting your ability to use the Services.
Certain features of the Services may be accessed through mobile devices. Your mobile carrier may charge fees for data usage, messaging, roaming, or other mobile services. Dialist is not responsible for any such charges.
You may be required to create a Dialist account (”Account”) in order to access certain Services or features offered by Dialist. An Account is a personal, revocable, non-transferable license to access and use the Services and does not create any ownership interest or other property right in the Account or the Services.
To create an Account, you may be required to complete identity, payment, business, or compliance verification through one or more third-party service providers designated by Dialist. Your use of any such third-party services may also be subject to their applicable terms, conditions, and privacy policies.
Identity and compliance verification is an ongoing requirement of using the Services and is not limited to the initial Account registration process. Dialist may, at any time and in its sole discretion, require you to provide additional information or documentation reasonably necessary to verify your identity, business, ownership, authority, source of funds where legally required, compliance with applicable law, or any other information Dialist reasonably determines is necessary to protect the Services or comply with legal or regulatory obligations.
Dialist may independently request any information or documentation that it reasonably determines is necessary for verification, compliance, fraud prevention, risk assessment, or operational purposes, including where information has been collected directly by Dialist’s payment processing or banking partners.
Completion of any verification process does not guarantee approval. Dialist may, in its sole discretion and to the fullest extent permitted by applicable law, refuse, suspend, restrict, or terminate any person’s access to the Services or deny any application or Account — including where Dialist determines the applicant presents an unacceptable legal, regulatory, financial, reputational, or commercial risk, has violated these Terms, or has attempted to circumvent a previous suspension — or for any other lawful reason. This discretion does not permit any such action based on a protected characteristic under applicable human rights or anti-discrimination legislation.
Individuals may maintain only one personal Account unless expressly approved in writing by Dialist. Users whose Accounts have been suspended or terminated may not create, attempt to create, or access another Account without Dialist’s prior written approval. Dialist reserves the right to immediately suspend or terminate any duplicate, replacement, or unauthorized Account created in violation of this provision.
Business Accounts shall represent a single business entity. Dialist may permit multiple authorized representatives to access or administer a Business Account only where such functionality is made available by Dialist. Dialist reserves the right to modify the structure or administration of Business Accounts at any time.
Personal Accounts are non-transferable. Business Accounts may only be transferred following a bona fide sale or transfer of the applicable business and only with Dialist’s prior written consent following completion of any verification or compliance requirements that Dialist may require.
You represent and warrant that all information provided to Dialist or its service providers is accurate, complete, and current. You agree to maintain a valid method of communication and promptly update your Account information whenever it becomes inaccurate or outdated.
You are responsible for maintaining the confidentiality and security of your Account credentials and for all activity occurring under your Account. Dialist shall not be responsible for any loss, damage, or unauthorized activity resulting from your failure to safeguard your login credentials or from your decision to permit another person to access your Account. You shall notify Dialist immediately upon becoming aware of any unauthorized access to or use of your Account, any loss or theft of your Account credentials, or any other breach of Account security.
You agree to fully cooperate with any investigation, verification request, compliance review, fraud inquiry, or security review conducted by Dialist. Dialist may request invoices, purchase records, proof of ownership, serial numbers, shipping documentation, identification, corporate documentation, beneficial ownership information, banking information, or any other documentation reasonably necessary to verify compliance with these Terms or applicable law.
Dialist may temporarily suspend, restrict, or otherwise limit access to an Account while any investigation or verification process is pending. Such action does not require Dialist to conclude that any violation has occurred and shall not be interpreted as a finding of wrongdoing.
Users must be at least eighteen (18) years of age or the age of legal majority in their jurisdiction, whichever is greater, to create or maintain an Account.
Users located in jurisdictions subject to applicable sanctions, embargoes, or other legal restrictions, or users otherwise prohibited by applicable law, are not permitted to access or use the Services.
Users may not impersonate another individual, business, dealer, service centre, organization, or Dialist representative, or create usernames, business names, or profile information that is misleading, deceptive, or likely to cause confusion. Dialist reserves the right to modify, restrict, or require changes to usernames, business names, profile information, or other identifying information that, in Dialist’s sole discretion, may mislead users or adversely affect the integrity of the Services.
In the event of the death or legal incapacity of an Account holder, Dialist may suspend the Account pending receipt of appropriate legal documentation and may transfer or close the Account in accordance with applicable law and its internal policies.
Dialist reserves the right to suspend, restrict, or terminate any Account, remove or restrict access to the Services, or take any other action it reasonably considers necessary to protect the integrity, security, reputation, legal compliance, or operation of the Services.
Subject to these Terms and any applicable Additional Terms, users with an approved Account may purchase Products through the Services.
Only verified dealers approved by Dialist and the Dialist Official Account may offer Products for sale through the Services. Dialist lists and markets consigned Products through the Dialist Official Account pursuant to the applicable Consignment Agreement. Except where a Product is expressly offered by the Dialist Official Account, the applicable dealer is solely responsible for the Product listing and sale.
“Product” means a watch or other item offered, listed, or sold through the Services, together with any case, box, papers, warranty card, certificate, strap, bracelet, link, manual, or other item represented in the applicable listing as accompanying it. Products permitted on the Services may include wristwatches, pocket watches, watch accessories, watch straps, watch parts, and any other categories expressly approved by Dialist from time to time. Dialist reserves the right to expand, restrict, modify, or discontinue any permitted product category at any time without notice or liability.
Dialist reserves the right to prohibit, refuse, remove, suspend, or restrict any Product or listing that, in Dialist’s sole discretion, involves or may involve counterfeit or replica goods, altered or missing serial numbers, stolen property, unlawfully imported Products, sanctioned property, prohibited goods, inaccurate or misleading information, duplicate listings, unavailable Products, or any Product or listing that violates these Terms, applicable law, or any Dialist policy.
Each dealer is solely responsible for all information contained in its Product listings, including accuracy, completeness, legality, authenticity, condition, pricing, and availability. Dialist does not independently verify dealer listings and disclaims responsibility for the accuracy or completeness of any information provided by a dealer.
By listing a Product through the Services, the seller represents and warrants that:
a. the seller is the lawful owner of the Product or otherwise possesses the full legal authority and authorization to market and sell the Product;
b. the Product is not known by the seller to be stolen, counterfeit, unlawfully imported, subject to undisclosed ownership disputes, or otherwise prohibited from being sold under applicable law;
c. the Product description, photographs, specifications, condition, accessories, service history, serial information (where applicable), and all other listing information are accurate, complete, and not misleading to the best of the seller’s knowledge; and
d. the seller has accurately disclosed in the Product listing any applicable manufacturer warranty, third-party warranty, Dialist warranty (if applicable), or the absence of any warranty.
Dialist may, but is under no obligation to, request additional information or documentation relating to any Product or listing, including photographs, documentation, serial information, proof of ownership, service history, or other information that Dialist reasonably determines is necessary for verification, compliance, fraud prevention, quality control, or operational purposes. Failure to provide requested information may result in the listing being refused, made private, suspended, or removed.
Dialist does not modify dealer-created Product listings. However, Dialist reserves the right to require a dealer to correct, update, or supplement a listing that Dialist determines to be inaccurate, incomplete, misleading, or otherwise inconsistent with Dialist’s quality standards or policies. Until such corrections are made, Dialist may refuse to publish, make private, suspend, or remove the listing.
Dialist may utilize automated or manual technologies to improve the presentation of Product images, including image enhancement, translation, formatting, or similar technologies, provided such enhancements do not materially alter or misrepresent the Product being offered for sale.
Measurements, dimensions, and other Product specifications are provided for reference purposes only and are approximate unless expressly stated otherwise by the seller.
Dealers are solely responsible for maintaining accurate inventory availability. If a Product becomes unavailable, is sold through another sales channel, contains an obvious pricing error, or cannot be fulfilled for any reason, the dealer may request cancellation of the transaction, subject to any applicable fees, processing costs, reversal costs, administrative charges, or other obligations set forth in these Terms, the Secure Checkout & Return Policy, the Dealer Agreement, or other applicable Dialist policies. Dialist likewise reserves the right to cancel or refuse any transaction where a Product cannot be fulfilled, where fulfillment deadlines are not met, where duplicate sales occur, where technical errors exist, or where cancellation is otherwise necessary to protect the Services or its users.
Offers submitted through the Services are non-binding until payment has been successfully completed in accordance with the applicable transaction process. Either party may cancel a transaction prior to completion, subject to any applicable fees or obligations set forth in the applicable Dialist policies, except that a dealer may not revoke, withdraw, or modify a counter-offer during its stated validity period. Dialist reserves the right to cancel, suspend, delay, or refuse any transaction at any time for fraud prevention, compliance, legal, operational, security, commercial, technical, or other reasonable business purposes.
Ownership of Products listed by a dealer remains with the dealer until the Product is delivered to the Buyer, at which point title to and risk of loss of the Product pass to the Buyer. Products listed through the Dialist Official Account remain under the ownership or control of Dialist or the applicable consignor, as governed by the applicable Consignment Agreement, until the Product is delivered to the Buyer.
Dialist reserves the right to require additional identity, compliance, payment, or other verification before permitting any purchase or transaction to proceed.
Buyers are solely responsible for complying with all applicable import laws, customs requirements, taxes, duties, export restrictions, and other legal requirements applicable to their jurisdiction. Sellers are solely responsible for complying with all applicable export laws and legal requirements applicable to the sale of their Products.
Dialist may display, reproduce, publish, and reference any current or historical Product listing, including its photographs, descriptions, sales history, and pricing, for marketing, marketplace operation, valuation, research, or analytical purposes, provided Dialist is not required to identify any buyer or seller.
Dialist reserves the right to investigate, suspend, delay, restrict, refuse, or cancel any listing or transaction where Dialist reasonably believes that fraud, policy violations, legal or regulatory concerns, technical errors, security concerns, operational issues, or other circumstances may adversely affect the integrity of the Services. Dialist shall not be liable for the removal of a listing, cancellation of a transaction, or any interruption of marketplace availability resulting from the exercise of these rights.
Dialist also provides consignment, concierge, sell-to-Dialist, and service centre services. Those services are not provided through the Services and are governed solely by a separate written agreement between you and Dialist. Where you submit an online form to request any of them, you consent to Dialist collecting, storing, and using the information you provide in order to respond to and administer your request, in accordance with the Privacy Policy. These Terms do not apply to those services except as expressly stated in the applicable agreement.
Nothing in this Section prevents a user from contacting Dialist at any time.
Where a dispute arises between users in connection with the Services, a Product, a transaction, or any other marketplace activity (a “User Dispute”), Dialist may investigate and administer the dispute in its sole discretion. Users agree to cooperate fully with Dialist throughout any investigation or dispute resolution process.
Dialist may request any information, documentation, records, communications, photographs, videos, invoices, shipping records, authentication reports, expert opinions, or any other evidence that Dialist reasonably determines is necessary to investigate or resolve a User Dispute. Users agree to provide such information promptly upon request.
If a user refuses or fails to cooperate with a dispute investigation, refuses to provide reasonably requested information, provides incomplete information, or otherwise obstructs Dialist’s investigation, Dialist may suspend or restrict the user’s Account or Services, conclude its investigation based upon the information available, resolve the matter accordingly, or take any other enforcement action permitted under these Terms or applicable Dialist policies.
Users shall not knowingly submit false, altered, or fraudulent information, evidence, or documentation of any kind in connection with any investigation or User Dispute. Dialist may retain such materials, rely on them when administering the Services, suspend or terminate the responsible user’s Account, and disclose them where required or permitted by applicable law.
Where Dialist reasonably believes that fraud, theft, counterfeit goods, money laundering, sanctions violations, stolen property, or any other criminal or unlawful activity may be involved, Dialist may suspend or freeze the applicable transaction or Account, preserve relevant records, report the matter to appropriate governmental or law enforcement authorities, cooperate with regulatory agencies, financial institutions, payment processors, insurance providers, or other third parties, and provide any information or documentation that Dialist reasonably determines is appropriate or legally required.
Dialist’s determination of any User Dispute shall be final for purposes of administering the Services, enforcing these Terms, and operating the marketplace, without limiting either party’s rights under the dispute resolution and arbitration provisions of these Terms.
Nothing in this Section limits or modifies the rights, procedures, timelines, or remedies established under the Secure Checkout & Return Policy, which shall govern disputes arising from transactions completed through Dialist Secure Checkout to the extent applicable. Where a dispute arises under a separate written agreement between you and Dialist, the dispute-resolution provisions of that agreement govern and this Section does not apply.
Certain Services offered by Dialist may require payment of fees, including recurring subscription fees, marketplace fees, service fees, verification fees, premium feature fees, or other charges introduced by Dialist from time to time (collectively, “Fees”). Users agree to pay all applicable Fees associated with their use of the Services in accordance with these Terms and any applicable Dialist agreement or policy.
Dialist may accept payment by credit card, wire transfer, Automated Clearing House (ACH), Electronic Funds Transfer (EFT), or any other payment method made available by Dialist from time to time. Dialist reserves the right to modify, add, or discontinue accepted payment methods at any time.
By providing a payment method, the user authorizes Dialist and its designated payment service providers to charge such payment method for all Fees, applicable taxes, adjustments, administrative charges, and any other amounts owed under these Terms or any other applicable agreement with Dialist.
Recurring subscriptions are offered only to dealers and other business users and are not offered to consumers. Recurring subscriptions shall automatically renew and continue until cancelled by the subscriber or terminated by Dialist in accordance with these Terms or the applicable subscription agreement. A subscriber may cancel at any time through Account settings, and cancellation shall become effective at the conclusion of the then-current billing period unless otherwise expressly stated by Dialist.
If an authorized payment cannot be successfully processed, Dialist may make additional reasonable attempts to collect the outstanding payment. If payment continues to fail, Dialist may suspend or terminate the applicable subscription or Account, restrict access to the Services, make listings and account content unavailable, or take any other action permitted under these Terms or applicable Dialist policies until all outstanding amounts have been paid.
Users agree to maintain valid, current, and accurate payment information and authorize Dialist to require updated payment information whenever reasonably necessary to process payments or maintain access to the Services.
Where required by applicable law, Dialist shall calculate, collect, and remit applicable taxes, including sales taxes, goods and services taxes, harmonized sales taxes, value-added taxes, or similar governmental charges. Users remain responsible for any taxes not required to be collected by Dialist and for any personal income tax or other tax obligations arising from their use of the Services.
Users agree not to abuse, misuse, or improperly initiate chargebacks, payment disputes, or payment reversals. Any chargeback or payment dispute shall be governed by the applicable payment provider’s rules, these Terms, and, where applicable, the Dialist Secure Checkout & Return Policy.
Dialist reserves the right to introduce new paid Services, subscriptions, premium memberships, marketplace features, commissions, verification services, listing fees, or other charges at any time. Where required by applicable law or these Terms, Dialist will provide reasonable notice before billing users for any newly introduced recurring Fees.
Outstanding amounts owed to Dialist shall accrue interest at the lesser of one and one-half percent (1.5%) per month (18% per annum) or the maximum rate permitted under applicable law.
Payment processing between buyers and sellers, including transaction processing, Secure Checkout procedures, payment releases, refunds, returns, cancellations, chargebacks, and other transaction-specific payment matters, shall be governed exclusively by the Dialist Secure Checkout & Return Policy to the extent applicable.
The Privacy Policy is incorporated into these Terms by reference, and by accessing or using the Services you agree to it. To the extent of any conflict relating specifically to the processing of personal information, the Privacy Policy governs.
Dialist may collect, use, retain, disclose, and otherwise process information obtained through the Services in accordance with its Privacy Policy and applicable law. Nothing in these Terms limits Dialist’s ability to retain or disclose information where reasonably necessary to comply with legal obligations, prevent fraud, protect the integrity of the Services, enforce these Terms, resolve disputes, comply with regulatory requirements, respond to lawful requests from governmental authorities, or protect the rights, property, or safety of Dialist, its users, or third parties.
Dialist may retain user information, transaction records, verification records, and communications following the suspension, termination, or closure of an Account to the extent reasonably necessary for legal compliance, fraud prevention, regulatory and tax obligations, dispute resolution, or other legitimate business purposes, in accordance with the Privacy Policy and applicable law.
If you submit feedback, suggestions, ideas, feature requests, bug reports, concepts, business recommendations, or other comments regarding the Services (”Feedback”), you grant Dialist a perpetual, worldwide, irrevocable, royalty-free, fully paid, transferable, sublicensable right to use, reproduce, modify, implement, publish, distribute, commercialize, and otherwise exploit such Feedback for any purpose without compensation, attribution, or further approval from you.
Dialist may display, publish, reproduce, promote, or otherwise use customer reviews, dealer reviews, ratings, testimonials, and other user-generated feedback relating to the Services for marketplace operation, promotional, advertising, or other lawful business purposes, subject to the Privacy Policy and applicable law.
Dialist may use aggregated or de-identified information derived from the Services for analytics, market research, fraud prevention, security, valuation models, artificial intelligence, software development, product improvement, operational analysis, and other lawful business purposes. Where Dialist states that information has been anonymized, that information is processed so that it no longer permits any person to be identified, directly or indirectly, and Dialist does not attempt to re-identify it. Aggregated and de-identified information remains subject to the safeguards described in the Privacy Policy and to applicable law.
Nothing in these Terms limits, waives, or otherwise affects any right or remedy available to you under applicable privacy or data protection legislation, including the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq., and no limitation of liability, disclaimer, or shortened limitation period in these Terms applies to any claim arising under that legislation.
You may submit, upload, publish, transmit, or otherwise make available photographs, videos, text, descriptions, reviews, ratings, comments, logos, trademarks, documents, listings, and other content through the Services (collectively, “Your Content”). You retain ownership of any intellectual property rights that you lawfully own in Your Content.
By submitting Your Content through the Services, you grant Dialist and its affiliates, successors, assigns, service providers, and sublicensees a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable, non-exclusive licence to host, store, reproduce, modify, adapt, translate, publish, distribute, display, create derivative works from, and otherwise use Your Content for any lawful business purpose connected with operating, marketing, improving, securing, or expanding the Services.
Without limiting the foregoing, Dialist may use Your Content in any medium and through any channel for any lawful business purpose, including marketing, marketplace operation, valuation, analytics, research, and fraud detection.
The license granted under this Section survives the sale of a Product, the removal of a listing, the deletion of Your Content, the termination of your Account, or your discontinuation of the Services.
You represent and warrant that you own Your Content or otherwise possess all necessary rights, licenses, permissions, and authority to submit it to the Services and grant the rights described in these Terms. You further represent and warrant that Your Content does not infringe or violate any copyright, trademark, patent, trade secret, privacy right, publicity right, contractual right, or any other intellectual property or proprietary right of any third party.
Every Product listing must include photographs of the actual Product being offered for sale. Manufacturer, promotional, catalog, or stock photographs may only be used as supplemental images and shall not replace photographs of the actual Product. Users may not upload photographs, videos, or other content copied from another dealer, seller, marketplace, or third party without proper authorization.
Dialist may use automated or manual technologies, including artificial intelligence, to enhance, translate, resize, compress, watermark, format, or otherwise optimize Your Content for display or operational purposes, provided such modifications do not materially misrepresent the Product being offered for sale.
Artificial intelligence-generated or digitally enhanced images may only be used as supplemental content and must not materially misrepresent the actual Product. Any digitally generated content that could reasonably mislead users regarding the Product’s condition, originality, configuration, or characteristics is prohibited.
Dialist may retain, archive, and continue using Your Content after a Product is sold, a listing is removed, an Account is suspended or terminated, or Your Content is deleted, where reasonably necessary for marketplace operation, legal compliance, fraud prevention, analytics, or other legitimate business purposes.
Users may submit reviews and ratings through the Services in accordance with applicable Dialist policies. Users may edit or remove their own reviews where such functionality is provided by Dialist. Dialist reserves the right to remove, restrict, edit, or refuse to publish any review, rating, comment, testimonial, or other content that violates these Terms or Dialist policies, is abusive, defamatory, misleading, unlawful, or otherwise adversely affects the integrity of the Services.
Users shall not submit or upload any content that is false, fraudulent, misleading, counterfeit, deceptive, unlawfully obtained, infringes the rights of others, contains manipulated serial numbers or counterfeit documentation, includes fabricated authenticity reports, forged invoices, false service records, misleading artificial intelligence-generated content, malicious software, spam, or any other material prohibited by these Terms or applicable law.
Nothing in this Section limits Dialist’s right to remove, restrict, archive, investigate, or otherwise act upon Your Content in accordance with these Terms, the Privacy Policy, applicable law, or any other applicable Dialist policy.
The Services, and all content, technology, and intellectual property comprised in them or used to provide them — including the Dialist name, trademarks, branding and trade dress, software and source code, databases, interfaces, designs, documentation, and images created by Dialist (collectively, the “Dialist Intellectual Property”) — are and remain the exclusive property of Dialist or its licensors and are protected by applicable law.
Nothing contained in these Terms grants any user any ownership interest in, or license to use, reproduce, modify, distribute, publish, display, commercialize, sublicense, or otherwise exploit any Dialist Intellectual Property except for the limited, revocable right to access and use the Services in accordance with these Terms.
Users shall not use Dialist’s name, trademarks, logos, branding, trade dress, domain names, marketing materials, or other identifying features without Dialist’s prior written consent. Users shall not represent themselves as being affiliated with, endorsed by, authorized by, or acting on behalf of Dialist unless expressly authorized in writing.
Users shall not register, acquire, use, or attempt to register any trademark, business name, domain name, social media account, username, or other identifier that is identical to, confusingly similar to, or likely to be mistaken for any Dialist Intellectual Property.
Users shall not extract, reproduce, redistribute, commercialize, or otherwise exploit any listing, dealer information, pricing, historical sales data, market analytics, database, or other marketplace content made available through the Services, by any means, except as expressly authorized in writing by Dialist.
Users shall not reverse engineer, decompile, disassemble, benchmark, or otherwise attempt to discover, reproduce, or replicate the source code, architecture, databases, algorithms, security measures, or other proprietary technology used in the Services. Users shall not use the Services to develop, train, benchmark, or assist any competing marketplace, application, artificial intelligence system, pricing engine, or database.
Users shall not copy, reproduce, or use another user’s photographs, videos, listings, descriptions, branding, documentation, or other intellectual property without the applicable owner’s authorization. Dialist reserves the right to immediately remove or disable access to any content that Dialist reasonably believes infringes the intellectual property rights of another person or entity.
If you believe that your intellectual property rights have been infringed through the Services, you may notify Dialist by submitting a written notice to support@dialist.com identifying the intellectual property at issue, the allegedly infringing material, sufficient information to permit Dialist to locate the material, your contact information, and any other information reasonably necessary for Dialist to investigate the matter. Dialist reserves the right to request additional information before taking any action.
Dialist may, in its sole discretion, remove, disable access to, investigate, or otherwise take action regarding any content that it reasonably believes infringes the intellectual property rights of another person or violates these Terms. Dialist may suspend or terminate the Accounts of repeat intellectual property infringers or users who repeatedly violate the intellectual property rights of others.
Nothing in this Section obligates Dialist to monitor the Services for intellectual property infringement or to resolve ownership disputes between users. Dialist reserves the right to determine, in its sole discretion, the appropriate action to take in response to any alleged infringement.
All rights not expressly granted under these Terms are reserved by Dialist and its licensors.
Access to certain Services may require you to download, install, access, or use software provided by or on behalf of Dialist, including mobile applications, web applications, dealer portals, application programming interfaces (APIs), artificial intelligence tools, browser-based applications, desktop software, and any other software, technologies, or digital tools made available by Dialist now or in the future (collectively, the “Software”).
Dialist and its licensors retain all right, title, and interest in and to the Software, including all associated intellectual property rights. Nothing contained in these Terms transfers ownership of the Software or any intellectual property rights to you.
Subject to your continued compliance with these Terms, Dialist grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, access, and use the Software solely for the purpose of accessing and using the Services in the manner authorized by Dialist.
The Software may automatically download, install, or apply updates, patches, security fixes, bug fixes, new features, enhancements, or other modifications without prior notice where reasonably necessary to maintain the security, functionality, compatibility, or performance of the Services. By using the Software, you consent to such automatic updates.
Dialist may, in its sole discretion, make available beta, preview, experimental, early access, or pre-release features (”Beta Features”). Beta Features are provided for evaluation purposes only, may contain errors or incomplete functionality, may be modified or discontinued at any time without notice, and are provided without any additional warranty or guarantee. Dialist may modify, suspend, or withdraw any Beta Feature at any time without notice and without liability, does not warrant the availability, accuracy, or continuity of any Beta Feature, and does not guarantee the retention of data generated through one.
The Software may incorporate, communicate with, or depend upon third-party software, software development kits (SDKs), application programming interfaces (APIs), artificial intelligence providers, mapping services, analytics providers, payment providers, authentication providers, security providers, or other third-party technologies. Dialist makes no representation or warranty regarding the continued availability, functionality, or performance of any third-party software or services and shall not be liable for their unavailability, modification, interruption, or discontinuation.
You may install and access the Software on multiple devices that you own or lawfully control, provided such use remains solely for your own authorized use of the Services and otherwise complies with these Terms.
Except as expressly permitted by applicable law or with Dialist’s prior written consent, you shall not modify, circumvent, disable, interfere with, or otherwise attempt to manipulate the Software or its security features, communications, or intended functionality. The restrictions on reverse engineering, copying, and misuse of the Software in Section 9 are incorporated into this Section by reference.
Dialist reserves the right to modify, replace, suspend, discontinue, or remove any Software or Software functionality at any time without liability, subject to applicable law.
Dialist reserves the right, at any time and in its sole discretion, to add, modify, enhance, suspend, discontinue, replace, merge, redesign, or remove any Service, feature, functionality, product, software, subscription, pricing model, marketplace offering, or other aspect of the Services, temporarily or permanently, with or without notice, to the fullest extent permitted by applicable law.
Without limiting the foregoing, Dialist may introduce new Services, discontinue existing Services, require users to migrate to updated platforms, applications, software, or technologies, or otherwise modify the manner in which the Services are provided.
Users may discontinue their use of the Services or request closure of their Account at any time, subject to these Terms and any other applicable Dialist agreements or policies. Account closure or termination does not affect Dialist’s right to retain records, information, communications, transaction history, verification records, or other data in accordance with the Privacy Policy, applicable law, or any other applicable Dialist policy.
You may close your Account at any time through your Account settings by selecting the account deletion option. Closing your Account cancels any active recurring subscription with effect from the conclusion of the then-current billing period, removes any listings you have posted, and terminates your access to the Services. Account closure does not cancel or affect any transaction already completed, any obligation already accrued, or any agreement you have separately entered into with Dialist.
Suspension of an Account is temporary and may remain in effect until Dialist determines that the circumstances giving rise to the suspension have been adequately resolved. Termination of an Account permanently revokes the user’s authorization to access or use the Services unless Dialist expressly provides written authorization otherwise.
Notwithstanding the suspension or termination of an Account or any Service, Dialist may continue, complete, administer, or otherwise facilitate any transaction, investigation, dispute, payout, refund, legal obligation, compliance review, or other matter that commenced prior to such suspension or termination where Dialist reasonably determines such action is necessary or appropriate.
Dialist does not retain ownership of, and claims no interest in, any Product delivered to Dialist by a user. Where a transaction is cancelled or terminated, or where an Account is suspended or terminated while Dialist holds a Product belonging to a user, Dialist shall return that Product to the user at the address on file and shall remit any funds then due to that user, subject only to the completion of any pending verification, investigation, or legal obligation and to any amount the user then owes Dialist.
To the fullest extent permitted by applicable law, Dialist shall not be liable for any loss of business, profits, revenue, goodwill, customers, opportunities, listings, data, communications, or other damages arising from or relating to the modification, suspension, discontinuation, replacement, migration, or termination of any Service or Account.
Nothing in this Section limits any other rights of suspension, restriction, enforcement, or termination granted to Dialist elsewhere in these Terms, the Dealer Agreement, the Secure Checkout & Return Policy, or any other applicable Dialist agreement or policy.
Any provision of these Terms which, by its nature, should survive the suspension, expiration, or termination of these Terms or the Services shall survive, including provisions relating to payment obligations, intellectual property, licenses, privacy, confidentiality, indemnification, dispute resolution, arbitration, warranties, limitations of liability, and any accrued rights or obligations existing prior to termination.
By accessing or using the Services, you represent, warrant, and agree that you shall use the Services only for lawful purposes and in full compliance with these Terms, the Privacy Policy, the Secure Checkout & Return Policy, the Dealer Agreement (where applicable), and all other applicable Dialist agreements, policies, guidelines, and applicable laws.
Without limiting the foregoing, you shall not, directly or indirectly:
a. violate any applicable law, regulation, court order, sanction, or governmental requirement;
b. engage in or facilitate fraud, money laundering, terrorist financing, sanctions evasion, identity theft, theft, or any other unlawful or fraudulent activity;
c. use the Services to market, sell, purchase, broker, facilitate, or otherwise engage in transactions involving counterfeit goods, stolen property, prohibited products, illegal goods, or any other unlawful transaction;
d. provide false, inaccurate, misleading, incomplete, or fraudulent information to Dialist or any user, including during account registration, verification, listings, transactions, investigations, or communications;
e. create or submit false reviews, manipulate ratings, reputation scores, transaction history, marketplace statistics, or any other marketplace integrity feature;
f. submit fake offers, manipulate prices, engage in price fixing, collusion, market manipulation, shill bidding, or otherwise interfere with the fair operation of the marketplace;
g. circumvent or attempt to circumvent Dialist’s fees, Secure Checkout procedures, verification requirements, compliance procedures, account restrictions, suspensions, or other marketplace safeguards;
h. create, operate, or control multiple Accounts, businesses, or identities for the purpose of avoiding fees, restrictions, enforcement actions, verification requirements, or other obligations imposed by Dialist;
i. impersonate another person or entity, use false identities, fraudulent documentation, misleading business information, or other deceptive means to access or use the Services;
j. harass, threaten, intimidate, abuse, defame, or otherwise engage in inappropriate conduct toward other users, Dialist personnel, service providers, contractors, or representatives;
k. knowingly make false accusations or misleading claims against another user, dealer, service provider, or Dialist;
l. violate the intellectual property rights, contractual rights, privacy rights, publicity rights, or other legal rights of any person or entity; or
m. engage in any other conduct that Dialist reasonably determines compromises the integrity, security, fairness, reputation, reliability, or lawful operation of the Services.
Any violation of this Section or any other provision of these Terms may result in any enforcement action Dialist determines appropriate in its sole discretion, including the removal of content or listings, cancellation of transactions, suspension or termination of Accounts, permanent prohibition from accessing the Services, referral to law enforcement or regulatory authorities, and any other remedy available under these Terms, applicable Dialist policies, or applicable law.
Without limiting the foregoing, users who engage in market manipulation, fraudulent marketplace activity, or other conduct intended to undermine the integrity of the Services may have their Accounts immediately terminated. Users who engage in shill bidding may be permanently prohibited from using the Services. A user whose Account has been terminated, or who has been prohibited from using the Services, may request reconsideration by written notice to Dialist, and Dialist will review the request and respond within thirty (30) days.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR ANY OTHER APPLICABLE DIALIST AGREEMENT OR POLICY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Dialist makes no representation or warranty, express, implied, statutory, or otherwise, regarding the Services, including any warranty of merchantability, fitness for a particular purpose, non-infringement of the intellectual property rights of third parties, uninterrupted availability, accuracy, reliability, security, or freedom from errors, defects, viruses, malware, or other harmful components. Dialist is not the seller of a Product offered by an independent dealer, and nothing in these Terms disclaims, waives, modifies or limits any warranty or condition, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, that the seller of a Product owes you under applicable law. Products sold directly through the Dialist Official Account remain subject to any express warranty Dialist provides for that Product, and every Product purchased through Dialist Secure Checkout, whoever the seller, remains subject to the Secure Checkout & Return Policy and to the Dialist Authenticity Guarantee set out in it. Where the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. applies, including where Dialist has provided a written warranty covering a Product or has entered into a service contract with you covering a Product at the time of sale or within ninety (90) days afterwards, no implied warranty in respect of that Product is disclaimed or modified by these Terms. Where the consumer-protection legislation of your jurisdiction does not permit the disclaimer of a particular implied warranty or condition, that disclaimer applies to you only to the maximum extent such law allows.
The Dialist Authenticity Guarantee is a limited warranty provided by Dialist and set out in the Secure Checkout & Return Policy. It applies to every Product purchased through Dialist Secure Checkout, whether that Product is sold through the Dialist Official Account, consigned to Dialist for sale, or listed by an independent dealer, and whether or not Dialist separately inspected the Product before sale. Where Dialist determines that a covered Product is not authentic, Dialist will pay the affected buyer an amount equal to the price paid for that Product, up to one hundred thousand United States dollars (USD $100,000) per claim. The conditions of the Guarantee, its exclusions, and the period within which a claim must be made are set out in full in that Policy.
Products listed by independent dealers or other marketplace participants remain the responsibility of the applicable seller. Product descriptions, specifications, photographs, pricing, condition reports, service history, originality, accessories, warranties, and other Product-related representations originate from the applicable seller unless expressly identified as originating from Dialist. Except where expressly stated under these Terms or the Secure Checkout & Return Policy, Dialist does not independently warrant every representation made by independent sellers.
Nothing in this Section limits any rights, protections, inspections, authentication services, dispute resolution procedures, or remedies expressly provided under the Secure Checkout & Return Policy or any other applicable Dialist policy.
Any authentication, inspection, condition assessment, valuation, technical opinion, or other professional service performed by Dialist, its watchmakers, service centres, authentication specialists, or representatives reflects the professional opinion of the individuals performing the assessment based upon the information, condition, technology, and testing methods reasonably available at the time of examination. Such opinions are not guarantees, certifications, or warranties that a Product is free from undiscovered defects, undisclosed modifications, hidden damage, future mechanical failures, or subsequently discovered issues.
Dialist does not provide investment, financial, tax, accounting, legal, or professional advice. Any historical sales information, pricing information, market data, valuation tools, or other marketplace information made available through the Services is provided solely for general informational purposes and should not be relied upon as investment advice or as a guarantee of present or future market value, collectability, appreciation, resale value, or investment performance.
The Services may be modified, updated, interrupted, suspended, limited, delayed, or become unavailable from time to time. Dialist does not warrant that the Services will operate continuously, without interruption, or without errors.
To the fullest extent permitted by applicable law, you release and discharge Dialist, its affiliates, shareholders, directors, officers, employees, contractors, agents, licensors, successors, and assigns from any claims, liabilities, damages, losses, costs, or expenses arising from or relating to interactions with other users, independent marketplace participants, or third-party service providers, except to the extent such claims arise directly from Dialist’s gross negligence, fraud, willful misconduct, or other liability that cannot be excluded or limited under applicable law.
Nothing in these Terms excludes or limits any rights or remedies that cannot lawfully be excluded or limited under applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIALIST, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CUSTOMERS, GOODWILL, OPPORTUNITIES, ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, REPUTATION, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES, ANY PRODUCT, ANY TRANSACTION, OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF DIALIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIALIST SHALL NOT BE LIABLE FOR THE ACTS, OMISSIONS, CONDUCT, REPRESENTATIONS, WARRANTIES, PRODUCTS, SERVICES, OR PERFORMANCE OF ANY USER, DEALER, BUYER, SELLER, CONSIGNOR, SERVICE CENTRE, SHIPPING CARRIER, CUSTOMS AUTHORITY, INSURANCE PROVIDER, PAYMENT PROCESSOR, FINANCIAL INSTITUTION, GOVERNMENTAL AUTHORITY, OR ANY OTHER THIRD PARTY, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THESE TERMS OR ANY OTHER APPLICABLE DIALIST AGREEMENT OR POLICY.
EXCEPT FOR PRODUCTS SOLD DIRECTLY THROUGH THE DIALIST OFFICIAL ACCOUNT OR AS OTHERWISE EXPRESSLY PROVIDED UNDER THE SECURE CHECKOUT & RETURN POLICY, DIALIST SHALL NOT BE LIABLE FOR THE AUTHENTICITY, ORIGINALITY, CONDITION, ACCURACY OF PRODUCT DESCRIPTIONS, OR OTHER REPRESENTATIONS RELATING TO PRODUCTS SOLD BY INDEPENDENT MARKETPLACE PARTICIPANTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DIALIST ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR ANY RELATED CLAIMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CLAIMING USER DIRECTLY TO DIALIST DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWENTY-FOUR THOUSAND NINE HUNDRED NINETY-NINE UNITED STATES DOLLARS (USD $24,999). THIS LIMITATION DOES NOT APPLY TO, AND IS CALCULATED WITHOUT REFERENCE TO, ANY AMOUNT PAYABLE BY DIALIST UNDER THE DIALIST AUTHENTICITY GUARANTEE, WHICH IS SUBJECT ONLY TO THE LIMITS STATED IN THAT GUARANTEE, INCLUDING ITS LIMIT OF ONE HUNDRED THOUSAND UNITED STATES DOLLARS (USD $100,000) PER CLAIM AND ITS AGGREGATE LIMIT OF ONE HUNDRED THOUSAND UNITED STATES DOLLARS (USD $100,000) FOR ALL CLAIMS MADE BY ANY ONE PERSON OVER TIME, OR TO ANY AMOUNT DIALIST IS OBLIGED TO REFUND OR CREDIT TO YOU UNDER THE SECURE CHECKOUT & RETURN POLICY, OR TO ANY AMOUNT PAYABLE BY DIALIST UNDER A SEPARATELY SIGNED CONSIGNMENT AGREEMENT, CONCIERGE CONTRACT, PURCHASE AGREEMENT, OR SERVICE AGREEMENT, EACH OF WHICH IS SUBJECT ONLY TO THE LIMITS STATED IN THAT AGREEMENT.
Time limit on claims. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to the Services or these Terms must be commenced within one (1) year after the claim or cause of action first arose, or it will be permanently barred. This shortened limitation period applies only where, and to the extent, applicable law permits parties to contractually shorten a limitation period, including, in Canada, only as between parties neither of whom is a “consumer” under the Consumer Protection Act, 2002 (Ontario) or equivalent provincial or territorial legislation. Where you are a consumer protected by law that prohibits or restricts this shortening, the limitation period otherwise prescribed by that law applies instead. This shortened limitation period does not apply to, and does not shorten: (a) any claim under the Dialist Authenticity Guarantee, which is governed by the claim period stated in that Guarantee; (b) any claim by Dialist against a dealer under Section 8.0 of the Dealer Agreement, which is governed by the three (3) year period stated in that Section; (c) any claim arising under a statute that prescribes its own limitation period and does not permit that period to be shortened by agreement, including the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.; or (d) any claim governed by the law of Quebec, whether or not either party is a consumer.
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, STATUTE, EQUITY, OR OTHERWISE, AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT DIALIST’S LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE LIMITATIONS, EXCLUSIONS, DISCLAIMERS, RELEASES, AND ALLOCATIONS OF RISK SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN DIALIST AND ITS USERS AND FORM AN ESSENTIAL BASIS UPON WHICH THE SERVICES ARE MADE AVAILABLE.
If you access or use the Services on behalf of a corporation, partnership, sole proprietorship, limited liability company, trust, government entity, non-profit organization, or any other business or legal entity (collectively, a “Business”), you represent and warrant that you have the full legal authority to bind such Business to these Terms and any other applicable Dialist agreements or policies.
Where a Business accesses or uses the Services, the individual accepting these Terms represents and warrants that they are authorized to accept these Terms on behalf of the Business, and the Business agrees to be bound by these Terms. The Business is responsible for ensuring that all owners, officers, directors, employees, contractors, representatives, agents, and other authorized users who access or use the Services on its behalf comply with these Terms and all other applicable Dialist agreements and policies. The Business remains fully responsible and liable for all activities conducted through its Account or by its authorized users.
Businesses may authorize multiple users to access or use a Business Account where such functionality is made available by Dialist. The Business is solely responsible for managing user permissions, maintaining appropriate internal controls, and promptly removing access for any individual who is no longer authorized to access the Services. Dialist is not responsible for any unauthorized use resulting from a Business’s failure to manage or revoke user access.
Businesses shall maintain accurate and current business information and valid contact information at all times and shall promptly update such information whenever it changes.
Dialist is not responsible for resolving internal disputes relating to a Business, including disputes concerning ownership, authority, employment, agency, authorization, compensation, or the actions of employees, officers, contractors, representatives, or other authorized users. Transactions completed by an authorized user through a Business Account shall remain valid and binding, and any dispute regarding that individual’s authority or actions shall be resolved solely between the applicable Business and such individual.
Businesses offering Products or services through the Services remain subject to any applicable Dealer Agreement, Secure Checkout & Return Policy, and all other applicable Dialist agreements, policies, and marketplace requirements in addition to these Terms.
You agree to indemnify, defend, and hold harmless Dialist, its affiliates, parent companies, subsidiaries, shareholders, directors, officers, employees, contractors, agents, representatives, licensors, successors, assigns, service providers, and partners (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, expenses, and reasonable legal fees and disbursements (collectively, “Claims”) arising out of or relating to:
a. your Account or any activity conducted through your Account;
b. any Product you list, market, purchase, sell, consign, or otherwise transact through the Services;
c. any listing, Product information, communication, review, rating, document, photograph, video, or other content submitted or provided by you;
d. your violation of these Terms, the Privacy Policy, the Secure Checkout & Return Policy, the Dealer Agreement, or any other applicable Dialist agreement or policy;
e. your violation of any applicable law, regulation, governmental order, sanction, or regulatory requirement;
f. any allegation that your conduct, Products, listings, or content infringes, misappropriates, or otherwise violates the intellectual property, privacy, publicity, contractual, proprietary, or other legal rights of any person or entity;
g. any counterfeit Product, stolen property, fraudulent transaction, misrepresentation, unlawful conduct, criminal activity, or other wrongful act committed by you; or
h. any governmental, regulatory, customs, tax, anti-money laundering, financial crime, consumer protection, or other investigation, inquiry, enforcement action, or proceeding arising from your breach of these Terms or violation of applicable law.
Without limiting the foregoing, if Dialist incurs any Claims arising from a Product you sold, listed, consigned, marketed, or otherwise made available through the Services, including claims relating to authenticity, ownership, condition, intellectual property, fraud, counterfeit goods, or misrepresentation, you shall fully indemnify the Indemnified Parties for all resulting losses and expenses to the fullest extent permitted by applicable law.
Dialist shall have the exclusive right, but not the obligation, to control the investigation, defense, settlement, and resolution of any Claim for which indemnification may be sought under this Section, including the right to select legal counsel of its choosing. You agree to cooperate fully with Dialist in the defense of any such Claim. Dialist shall act reasonably in investigating, defending, and resolving any such Claim and shall not settle a Claim in a manner that admits wrongdoing by you or imposes any non-monetary obligation on you without your prior written consent, which shall not be unreasonably withheld. You may participate in the defense of any such Claim, at your own expense, with counsel of your choosing.
You shall not settle, compromise, or otherwise resolve any Claim involving an Indemnified Party without Dialist’s prior written consent.
Your obligations under this Section shall arise upon Dialist providing written notice of a Claim and shall not depend upon the entry of a final judgment or final adjudication. Dialist’s failure to provide prompt notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such delay.
Where it is finally determined that a Claim did not arise from your breach, wrongdoing, or violation of these Terms or applicable law, Dialist shall reimburse you for any amounts you paid toward that Claim under this Section that exceed your actual responsibility.
Your indemnification obligations under this Section shall be reduced in proportion to the extent that a Claim is finally determined by a court or arbitrator of competent jurisdiction to have arisen from Dialist’s negligence, fraud, willful misconduct, or any other liability that cannot lawfully be excluded or limited under applicable law.
Dialist shall indemnify, defend, and hold you harmless from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising from a third party’s claim against you to the extent finally determined by a court of competent jurisdiction to result from Dialist’s fraud, gross negligence, or willful misconduct.
The obligations contained in this Section shall survive the suspension, termination, or expiration of your Account, these Terms, or your use of the Services.
Dialist reserves the right to modify, amend, supplement, replace, or update these Terms, the Privacy Policy, the Secure Checkout & Return Policy, the Dealer Agreement, and any other policies, guidelines, or agreements governing the Services from time to time. Where required by applicable law, or where Dialist determines appropriate, reasonable notice of such changes will be provided through the Services, by electronic communication, or by any other reasonable means.
Where a change to these Terms or any other applicable Dialist agreement or policy materially and adversely affects existing users, including an increase in Fees, a reduction in return, refund, or warranty rights, or a new or expanded limitation of liability, Dialist will provide at least thirty (30) days’ advance notice by email to the address associated with your Account, describing the specific change, and by posting a summary of the change on Dialist’s website or within the applicable Service, before the change becomes effective for existing Accounts. Changes to the arbitration and class action waiver provisions of these Terms receive the same advance notice as other material changes and apply prospectively only: they do not apply to any dispute that has already arisen, or to any transaction completed, before the change takes effect. If you do not agree to a change to the arbitration provisions, you may reject it by written notice within thirty (30) days of the notice, in which case the prior version of the arbitration provisions continues to apply between you and Dialist, regardless of the arbitration opt-out provision in Section 19. Such notice is deemed given on the date sent, regardless of whether you actually receive, open, or review it. You are responsible for maintaining a current, monitored email address on your Account, and Dialist’s transmission of notice to the address on file constitutes adequate notice under this Section.
By continuing to access or use the Services after any updated Terms or applicable agreements become effective, you agree to be bound by the revised versions. If you do not agree to any modification, you must immediately discontinue your use of the Services.
These Terms operate together with the Privacy Policy, the Secure Checkout & Return Policy, the Dealer Agreement, and any other applicable Dialist agreements or policies. In the event of any inconsistency between these Terms and another applicable Dialist agreement or policy, the document specifically governing the subject matter of the applicable issue or transaction shall control to the extent of such inconsistency.
These Terms, together with all agreements, policies, and documents expressly incorporated by reference, constitute the entire agreement between you and Dialist regarding the Services and supersede all prior or contemporaneous understandings, representations, negotiations, communications, and agreements relating to the same subject matter.
No failure or delay by Dialist in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver of that or any other right, remedy, power, or privilege. Any waiver by Dialist shall be effective only if made expressly in writing and shall apply only to the specific matter for which it is given.
If any provision of these Terms is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.
You may not assign, transfer, delegate, or otherwise dispose of any of your rights or obligations under these Terms without the prior written consent of Dialist, which shall not be unreasonably withheld where the assignment accompanies a bona fide sale or transfer of your business and the assignee satisfies Dialist’s verification requirements. Any attempted assignment in violation of this Section shall be null and void. Dialist may assign, transfer, delegate, or otherwise dispose of these Terms, in whole or in part, to an affiliate or in connection with a merger, reorganization, or sale of all or substantially all of its assets.
You acknowledge and agree that these Terms may be accepted electronically. Your creation of an Account, clicking an “I Agree,” “Accept,” or similar button, executing an electronic agreement, accessing or using the Services, or otherwise indicating your acceptance electronically constitutes your legally binding agreement to these Terms and any other applicable Dialist agreements or policies.
You consent to receive notices, disclosures, agreements, updates, and other communications from Dialist electronically, including by email, through the Services, by in-application notifications, by text message (where applicable), or through publication on the Dialist website or mobile application.
Except as expressly provided in these Terms or the Additional Terms, nothing contained in these Terms or your use of the Services creates or shall be construed as creating any partnership, joint venture, agency, employment, fiduciary, franchise, or similar relationship between you and Dialist. Except as expressly provided in these Terms or another written agreement signed by Dialist, no user has authority to bind or act on behalf of Dialist.
Section titles and headings are included solely for convenience and shall not affect the interpretation or construction of these Terms.
These Terms and any non-contractual obligations arising out of or relating to these Terms or the Services shall be governed by and construed as follows, without regard to conflict of law principles: where your counterparty is the Ontario corporation, by the laws of the Province of Ontario and the federal laws of Canada applicable therein; where your counterparty is the Florida corporation, by the laws of the State of New Jersey and the federal laws of the United States, including the Federal Arbitration Act, 9 U.S.C. §§ 1–16. Nothing in these Terms requires you to bring a claim somewhere other than where you live. If you are an individual using the Services primarily for personal, family, or household purposes, you may bring any claim that is not subject to arbitration in the courts of the country, state, or province in which you are habitually resident, and Dialist will not object to that forum on the ground that it is inconvenient. Where you are a business user, including a Dealer, the courts identified in the agreement applicable to your relationship with Dialist apply. This choice of law does not deprive you of any protection to which you are entitled under mandatory provisions of the law of the country, state, or province in which you are habitually resident.
Where these Terms have been translated into French for users in the Province of Quebec, the French version shall govern and prevail for such users in the event of any inconsistency or conflict. For all other users, or where these Terms are translated into any other language, the English version shall govern and prevail in the event of any inconsistency or conflict, to the fullest extent permitted by applicable law.
Questions regarding these Terms or the Services may be directed to Dialist through its official support channels. Legal notices, including any notice required under the Dispute Resolution and Binding Arbitration Section, must be sent to legal@dialist.com, and are also validly given if delivered to Dialist Marketplace Inc. at its registered office in the State of Florida as shown in the records of the Florida Department of State.
The Services may integrate with, communicate with, or otherwise utilize third-party platforms, software, applications, payment processors, financial institutions, identity verification providers, authentication providers, mapping services, cloud hosting providers, artificial intelligence providers, analytics providers, communication providers, mobile application marketplaces, and other third-party technologies or service providers (collectively, “Third-Party Services”).
If you access or use any Third-Party Services through or in connection with the Services, you acknowledge and agree that your use of such Third-Party Services may be subject to the separate terms, conditions, privacy policies, licenses, and other agreements of the applicable third party. You are solely responsible for reviewing and complying with any such third-party terms that apply to your use of those services.
If you download, install, or access any Dialist application through a third-party application marketplace, including the Apple App Store, Google Play, or any other application distribution platform, your use of the application shall also be subject to the applicable terms, conditions, policies, and usage requirements of that marketplace, as amended from time to time.
Dialist may modify the Services as reasonably necessary to comply with changes to the requirements, policies, technical standards, security requirements, or operating procedures of any Third-Party Services or application marketplace.
Dialist does not own or control Third-Party Services and does not guarantee their continued availability, functionality, compatibility, performance, or operation. Third-Party Services may be modified, suspended, discontinued, or become unavailable at any time without notice.
Except to the extent expressly assumed by Dialist under these Terms or another applicable written agreement, Dialist is not responsible for the independent acts, omissions, policies, availability, functionality, or performance of any Third-Party Services or their providers.
Nothing in this Section limits any additional rights, obligations, or restrictions imposed by the applicable provider of any Third-Party Services, all of which remain solely between you and the applicable third party.
Dialist is committed to resolving disputes efficiently, fairly, and without unnecessary litigation. Before commencing arbitration or any court proceeding (except where expressly permitted under this Section), you and Dialist agree to first attempt to resolve any dispute through good-faith negotiations.
A party intending to assert a claim shall first provide written notice describing the nature of the dispute and the relief sought. The parties shall use commercially reasonable efforts to resolve the dispute through good-faith negotiations for a period of thirty (30) days following receipt of that notice before initiating arbitration or legal proceedings, unless immediate injunctive or other emergency relief is reasonably necessary. Any applicable limitation period is suspended while this process is pending. Where Dialist does not respond within thirty (30) days of receiving the notice, the claimant may proceed immediately. Dialist’s undertaking to pay arbitration fees under the US Consumer Arbitration provision applies where the claimant has first completed this process.
These Terms describe different dispute-resolution tracks depending on whether you deal with Dialist as a business user (including dealers and other approved marketplace professionals) or as an individual consumer. If you are an individual consumer resident in Canada, this Section does not require you to arbitrate any dispute and does not waive your right to bring or join a class, collective or representative proceeding. You may bring your claim before a court of competent jurisdiction in your province or territory, or in arbitration if you prefer. For greater certainty under section 11.1 of the Consumer Protection Act (Quebec), CQLR c. P-40.1, Dialist does not require a consumer within the meaning of that Act to refer any dispute to arbitration, does not restrict that consumer’s right to bring a dispute before a court, does not prohibit that consumer from bringing a class action, and does not deprive that consumer of the right to be a member of a group bringing a class action; and no part of the “Binding Arbitration” or “Class Action Waiver” provisions of this Section forms part of Dialist’s agreement with such a consumer. Nothing in this Section requires binding arbitration, or waives your right to bring or join a class, collective, or representative proceeding, to the extent that mandatory law applicable to you, including the Consumer Protection Act, 2002 (Ontario) or any successor legislation, the Consumer Protection Act (Quebec), the equivalent consumer-protection legislation of any other Canadian province or territory, or any other law that renders a pre-dispute arbitration agreement or class-action waiver unenforceable against a consumer, prohibits or restricts that requirement or waiver. This provision applies only where a law renders a pre-dispute arbitration agreement or class-action waiver unenforceable against you. It does not apply merely because you have a claim under a consumer-protection statute, and for the avoidance of doubt it does not apply by reason of any claim under the New Jersey Consumer Fraud Act, which does not render a pre-dispute arbitration agreement unenforceable. Where this provision does apply to you, you may bring your claim in a court of competent jurisdiction, or in arbitration if you prefer, and this Section does not limit any right that law gives you to commence or join a class, collective, or representative proceeding.
PLEASE READ THIS SECTION CAREFULLY. BY AGREEING TO ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO SUE IN COURT AND YOUR RIGHT TO A TRIAL BEFORE A JUDGE OR JURY, EXCEPT AS EXPRESSLY PRESERVED IN THIS SECTION.
Except as otherwise provided in this Section (including the “Consumers Who Are Not Required to Arbitrate” provision above) or where prohibited by applicable law, any dispute, controversy, claim, or cause of action arising out of or relating to these Terms, the Services, any Product, any transaction, or the relationship between you and Dialist, whether based in contract, tort, negligence, statute, equity, or any other legal theory, shall be resolved exclusively by final and binding arbitration.
Except as provided in the “US Consumer Arbitration” provision below, the arbitration shall be seated in Toronto, Ontario, Canada, conducted in the English language, and administered in accordance with the arbitration rules of the ADR Institute of Canada, Inc. (“ADRIC”) then in effect, or, if ADRIC is unavailable or no longer administers such proceedings, under another nationally or internationally recognized arbitration framework selected by Dialist that provides substantially similar consumer protections and procedures.
The arbitrator shall have exclusive authority to determine all issues relating to the interpretation, applicability, enforceability, validity, and scope of this arbitration agreement, including any claim that all or part of these Terms is void or unenforceable.
The arbitrator may award any remedy available under applicable law that could have been awarded by a court of competent jurisdiction, subject to the limitations and exclusions contained in these Terms. The arbitrator shall determine the allocation of arbitration costs, administrative fees, and reasonable legal fees in accordance with applicable law and the applicable arbitration rules. If you are an individual using the Services primarily for personal, family, or household purposes and the arbitration is seated in Canada under this Section, Dialist will pay all ADRIC filing, administrative, and arbitrator fees other than a filing fee comparable to the applicable court filing fee in your province of residence.
If you are an individual residing in the United States and using the Services primarily for personal, family, or household purposes, and the “Consumers Who Are Not Required to Arbitrate” provision above does not exempt you from arbitration, then, notwithstanding the Binding Arbitration provision above, any arbitration between you and Dialist will instead be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Consumer Due Process Protocol then in effect. Dialist will pay all AAA filing, administrative, and arbitrator fees other than the portion of the filing fee allocated to individual claimants under the AAA fee schedule applicable to the arbitration, whether that is the Consumer Arbitration Rules fee schedule or the Consumer Mass Arbitration fee schedule then in effect. Each party remains responsible for its own legal fees except where a statute or the arbitrator’s award provides otherwise. The arbitration will be conducted by a single, neutral arbitrator, and the format and location of any hearing will be determined in accordance with the AAA Consumer Arbitration Rules. This provision is intended to be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.
You may opt out of the Binding Arbitration, US Consumer Arbitration, and Class Action Waiver provisions of this Section by sending written notice to legal@dialist.com (or such other address as Dialist designates in the Services) within thirty (30) days of the date you first became subject to these Terms (or, for existing users, within thirty (30) days of the effective date of this arbitration provision). Your notice must include your name, the email address associated with your Account, and a clear statement that you decline to be bound by the arbitration and class-action-waiver provisions of these Terms. If you timely opt out, neither you nor Dialist will be required to arbitrate disputes with the other, and any dispute between you and Dialist will instead be resolved in a court of competent jurisdiction, applying the governing law identified in the “About These Terms” section. If you are an individual using the Services primarily for personal, family, or household purposes, that includes the courts of the place where you are habitually resident. Opting out of arbitration does not affect any other provision of these Terms, including the Informal Dispute Resolution provision above, which continues to apply.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY. YOU AND DIALIST WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE PARTY IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION OR OTHER CONSOLIDATED MULTI-PARTY PROCEEDING. NOTHING IN THIS WAIVER PREVENTS YOU FROM BRINGING AN INDIVIDUAL CLAIM IN ARBITRATION AT THE SAME TIME AS, OR COORDINATED WITH, OTHER INDIVIDUAL CLAIMANTS, AND NOTHING IN THIS WAIVER LIMITS ANY RIGHT YOU HAVE TO SEEK STATUTORY PENALTIES, MULTIPLIED DAMAGES, LEGAL FEES OR COSTS ON YOUR OWN BEHALF. THIS WAIVER APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND DOES NOT APPLY TO ANY CLAIM BROUGHT BY A CONSUMER PROTECTED UNDER THE “CONSUMERS WHO ARE NOT REQUIRED TO ARBITRATE” PROVISION ABOVE. THIS WAIVER DOES NOT APPLY TO ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF THAT CANNOT LAWFULLY BE WAIVED UNDER APPLICABLE LAW, INCLUDING UNDER CALIFORNIA LAW; ANY SUCH CLAIM SHALL BE DETERMINED IN ARBITRATION UNLESS APPLICABLE LAW REQUIRES OTHERWISE, AND SHALL BE STAYED PENDING THE ARBITRATION OF ANY REMAINING CLAIMS.
If any part of this Class Action Waiver is found to be unenforceable as to a particular claim or a particular party for any reason, then (a) the unenforceable portion will be severed, (b) any remaining individual claims will continue in arbitration under this Section, and (c) the claim or claims found not subject to the Class Action Waiver will proceed in a court of competent jurisdiction, on an individual basis unless applicable law requires otherwise, and not in arbitration.
If twenty-five (25) or more individual arbitration demands of a substantially similar nature are filed against Dialist by or with the assistance of the same law firm, group of law firms, or organization within a period of thirty (30) days, the AAA shall administer those demands in batches of up to one hundred (100) demands per batch, administered concurrently, with a single arbitrator appointed for each batch. Fees are payable under the AAA fee schedule applicable to the arbitration, and Dialist will request that the AAA administer each batch as a single case for fee purposes to the extent that schedule permits. Demands not assigned to an initial batch are assigned to subsequent batches administered in sequence.
The applicable limitation period, and any deadline under these Terms, is tolled for every demand subject to this provision from the date it is submitted to the AAA until it is resolved or withdrawn.
A decision in any individual demand binds only the parties to that demand. No claimant is bound by a decision in another claimant’s demand, and no claimant’s recovery is reduced, delayed or conditioned by reason of another claimant’s claim.
After the first two batches have been decided, either party may require that all remaining demands be submitted to a single global mediation before a mediator jointly selected by the parties, with Dialist paying the mediator’s fees. Where a demand is not resolved in that mediation within ninety (90) days, it proceeds to arbitration in the ordinary course.
Any claimant may opt out of this Coordinated Filings procedure (a “Batch Opt-Out”, which is separate from the Arbitration Opt-Out described above) by written notice to Dialist within forty-five (45) days of filing their demand, in which case that claimant’s demand is administered individually under the AAA Consumer Arbitration Rules.
Nothing in this Section prevents either party from:
a. seeking temporary, preliminary, interlocutory, or permanent injunctive or equitable relief from any court of competent jurisdiction where reasonably necessary to protect intellectual property rights, confidential information, proprietary technology, marketplace integrity, preserve assets, prevent fraud, or prevent irreparable harm, without waiving the obligation to arbitrate the underlying dispute; or
b. seeking recognition, enforcement, confirmation, or execution of an arbitration award in any court of competent jurisdiction.
Either party may elect to have a claim that falls within the jurisdiction of a small claims court determined by that court instead of by arbitration. An election must be made by written notice to the other party before an arbitrator has been appointed. Once made, the claim shall proceed in that court on an individual basis and shall not be arbitrated.
The law governing these Terms and any dispute arising from or relating to these Terms or the Services is set out in the “About These Terms” section above. Where the “US Consumer Arbitration” provision applies, this arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16; in every other case it is governed by the law identified in that section. This choice of law does not deprive you of any protection to which you are entitled under mandatory provisions of the law of the country or state in which you are habitually resident, where applicable conflict-of-laws rules require that such protection apply notwithstanding this choice of law.
The Services are available to users in many countries. Nothing in these Terms is intended to, or does, exclude, limit, or override any right or remedy that applicable mandatory law grants to you and that cannot be waived or limited by agreement, including consumer-protection, warranty, and dispute-resolution rights under the law of your country, state, or province of habitual residence. Where such mandatory law applies to you and conflicts with a provision of these Terms, that provision applies to you only to the extent permitted by that law, and the remainder of these Terms continues in full force and effect. If you are uncertain whether a particular provision applies to you, contact Dialist using the information in the “About These Terms” section.
The parties acknowledge and agree that any arbitration award rendered pursuant to this Section shall be final and binding upon the parties and may be recognized, confirmed, and enforced by any court of competent jurisdiction to the fullest extent permitted by applicable law and any applicable international treaty or convention governing the recognition and enforcement of arbitral awards.
This Section shall survive the suspension, termination, expiration, or cancellation of these Terms, your Account, or your use of the Services.
Dialist shall not be liable for any delay, interruption, or failure to perform all or any portion of the Services where it results from circumstances beyond Dialist’s reasonable control. These include natural events and severe weather, epidemics and public health emergencies, war, terrorism or civil unrest, labour disputes, governmental action or changes in law, utility, telecommunications or internet failures, cyberattacks, and failures or disruptions affecting third-party service providers, payment processors, carriers, or customs authorities.
During any Force Majeure event, Dialist may suspend, delay, modify, or limit the Services to the extent reasonably necessary and shall resume normal operations as soon as reasonably practicable.
Except as expressly provided in these Terms, these Terms are solely for the benefit of Dialist and the applicable user and do not confer any rights, remedies, or benefits upon any other person or entity.
Unless the context otherwise requires, references in these Terms to the singular include the plural and vice versa, references to one gender include all genders, and the words “including,” “include,” and similar expressions shall be deemed to mean “including without limitation.”
You represent, warrant, and agree that your access to and use of the Services complies with all applicable export control laws, economic sanctions, trade restrictions, and similar laws applicable to you. You shall not use the Services in violation of any applicable sanctions, embargoes, export controls, or other legal restrictions, nor permit any other person to do so through your Account.
Dialist’s failure or decision not to enforce any provision of these Terms, or its decision to permit or overlook any particular conduct on one or more occasions, shall not create any obligation to continue permitting such conduct in the future, shall not establish any course of dealing, custom, or practice, and shall not limit Dialist’s ability to enforce these Terms or exercise any of its rights or remedies at any time.
By creating an Account, accessing, or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, together with the Privacy Policy, the Secure Checkout & Return Policy, the Dealer Agreement (where applicable), and all other applicable Dialist agreements and policies incorporated by reference.
Questions about these terms? legal@dialist.com
