GarageSale.com

2/22/12 EST

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Terms and Conditions

	GARAGESALE.COM USER AGREEMENT AND PRIVACY POLICY 1. GENERAL: GarageSale.com provides a forum for classified advertising and online auctions to enable buyers and sellers of goods and services to locate one another, negotiate and consummate transactions. GarageSale.com is neither a buyer nor a seller of any goods or services and GarageSale.com does not conduct any investigation as to the accuracy or any posting, the quality, safety or value of any goods or services posted, the legal authority or any seller to sell any advertised goods or services. All parties who use GarageSale.com must conduct their own independent inquiry as to each of the foregoing. Further, to the extent that parties use GarageSale.com as purchasers or sellers, GarageSale.com expressly warns that such parties are responsible for reporting and paying all sales, use and other taxes associated with such transactions and such parties must exercise caution in connection with any transactions including in connection with in person meetings, as garage sale.com makes no inquiry or investigation into the background of any individual who may use GarageSale.com as a purchaser or seller. GarageSale.com and makes no representation or warranty and expressly disclaims any such representations and warranty as to any such individual’s suitability as a purchaser or seller. which may affect or relate to the safety of any person and/or premises arising from or related to the use of GarageSale.com. 2. TERMS: Specific fees for services and terms of use are set forth in the fee schedule link. 3. AFFILIATE PROGRAM: Each user is eligible to be an affiliate. An affiliate may receive a fee for directly referring user to the GarageSale.com if such users purchase or sell goods or services on the Site. In addition, the initial user may be eligible for fees if persons referred by a direct referral of such user purchases or sells goods or services on the Site. Among the conditions, to being an affiliate and receiving a fee for referrals, the user may be required to provide information (including social security number, name and address) to permit GarageSale.com to report fees paid to the appropriate federal, state and local taxing authorities) 4. ACCEPTANCE OF TERMS Before you may become a member or affiliate of GarageSale.com, you must read and accept all of the terms in, and linked to, this User Agreement and Privacy Policy. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use GarageSale.com sites or services, or when you use the tools we make available to interact with GarageSale.com sites, affiliates and services. If you use another GarageSale.com site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some GarageSale.com sites, services, and tools may have additional or other terms that we provide to you when you use those sites, services, or tools. GarageSale.com provides a collection of online resources, including classified ads, and various advertising services, and affiliate relationships (referred to hereafter as "the Service"). By using the Service in any way, you are agreeing to comply with the terms of this agreement. In addition, when using particular GarageSale.com services, you agree to abide by any applicable posted guidelines for all GarageSale.com services, which may change from time to time. Should you object to any terms or conditions herein, any guidelines, or any subsequent modifications thereto or become dissatisfied with GarageSale.com in any way, your only recourse is to immediately discontinue use of GarageSale.com. GarageSale.com has the right, but is not obligated, to strictly enforce the terms of this agreement through self-help, community moderation, active investigation, litigation and prosecution. Please note that headings are for reference purposes only and do not limit the scope or extent of such section. 5. MODIFICATIONS TO THIS AGREEMENT We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. This agreement shall not be modified except in writing as posted on the GarageSale.com site. 6. CONTENT You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that GarageSale.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the GarageSale.com site and Content available through the Service may contain links to other websites, which are completely independent of GarageSale.com. GarageSale.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will GarageSale.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that GarageSale.com does not pre-screen or approve Content, but that GarageSale.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the terms herein or for any other reason. You further understand and agree that GarageSale.com is not responsible for any errors or omissons in any content. 7. GOODS AND SERVICES You understand that GarageSale.com is neither a buyer nor a seller of any goods or services. All representations as to the goods and services being advertised on, transmitted through, or linked from the Service, including, without limitation, the quality, safety, value, authenticity and title to any goods are the sole responsibility of the person from whom such Content originated. You understand that GarageSale.com does not control, and is not responsible for screening any goods or services and that by using the Service, you may be exposed to goods and services that are not as posted and that may be dangerous or cause injury. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including the purchase and use of any goods and services, any in person meetings with other users of GarageSale.com and that you may not rely on said Content, and that under no circumstances will GarageSale.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. 8. THIRD PARTY CONTENT, SITES, AND SERVICES The GarageSale.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of GarageSale.com, including web sites, directories, print newspaper and classified services, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. GarageSale.com enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them. You agree to use user information only for: GarageSale.com transaction-related purposes that are not unsolicited commercial messages; using services offered through GarageSale.com (such as escrow, shipping, and fraud complaints), or other purposes that a user expressly chooses. Your User ID is displayed throughout GarageSale.com (and so available to the public), and is connected to all of your GarageSale.com activity. Other people can see your bids, purchases, items for sale, and storefronts. Notices sent to other community members about suspicious activity and policy violations on our sites refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your GarageSale.com activities. If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from GarageSale.com may also be visible to other individuals who use the computer after you. YOU AGREE THAT GARAGESALE.COM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THIS SITE, OR BETWEEN USERS AND ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT GARAGESALE.COM IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE GARAGESALE.COM, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND / OR OUR SERVICE. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Buyers and sellers share the responsibility for making sure purchases facilitated by GarageSale.com are hassle-free. 9. NOTIFICATION OF CLAIMS OF INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify GarageSale.com. Please provide us with the following Notice: a) Identify the material on the GarageSale.com site that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. GarageSale.com will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA). 10. PRIVACY AND INFORMATION DISCLOSURE You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. We may collect and store the following personal information: email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers; transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account); shipping, billing and other information you provide to purchase or ship an item; correspondence through our sites, and correspondence sent to us; other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information; additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list); information from other companies, such as demographic and navigation data; and other supplemental information from third parties. Your use of the GarageSale.com website or the Service signifies acknowledgement of and agreement that GarageSale.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the terms of this agreement; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of GarageSale.com, its users or the general public. We may use your personal information to: provide the services and customer support you request; resolve disputes, collect fees, and troubleshoot problems; tell you about our services and those of our corporate family, and compare information for accuracy, and verify it with third parties. Such information will be disclosed in accordance with applicable laws and regulations. You acknowledge that personal information may further be shared with: Affiliates and agents of GarageSale.com; Third party providers of services such as PayPal and credit card companies; Federal, state and local tax authorities; Third parties to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications; Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards); Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service); Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history; Those individuals as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, state, zip code, country, phone number, email address and company name; Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.) Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent, although we may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. We use your information only as described in this agreement. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. This Privacy Policy describes how we handle your personal information for our services on the GarageSale.com website. It applies generally to the GarageSale.com website. Some GarageSale.com-related websites may be governed by separate privacy policies. Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. GarageSale.com does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. You can see, review and change most of your personal information by signing on to GarageSale.com. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our user agreement, and take other actions otherwise permitted by law. Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your GarageSale.com password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify GarageSale.com and change your password. If you object to your information being transferred or used in this way please do not use our services. We use third parties to verify and certify our privacy policy. Privacy Notice: Our website uses "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety. A few important things you should know about cookies are that: We offer certain features that are available only through the use of cookies. We use cookies to help identify you and maintain your signed-in status. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services. You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.) 11. CONDUCT The GarageSale.com website, services and tools are intended for use only by those 18 years of age and older, whom are able to form legally bounding contracts. As such individual, you further hereby agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates any federal, state, or local laws, third party rights or our policies; e) that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); f) that includes personal or identifying information about another person without that person's explicit consent; g) that is false, deceptive, misleading, deceitful, or misinformative h) that copies, modifies or distributes rights or content from the GarageSale.com site, or infringes any patent, trademark, trade secret, copyright or other proprietary rights or content of any party, including GarageSale.com, that you do not have a right to make available under any law or under contractual or fiduciary relationships; i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the site which are not designated for such purposes; or emailed to site users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. k) that includes links to commercial services or web sites, except as allowed in "services"; l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; n) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: p) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; q) "stalk" or otherwise harass anyone; r) collect personal data about other users for commercial or unlawful purposes; s) use automated means, including spiders, scrapers, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by GarageSale.com; t) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; u) post the same item or service in more than one classified category or forum, or in more than one metropolitan area, or in an inappropriate category or area on our site; v) attempt to gain unauthorized access to GarageSale.com's computer systems through bypassing our robot exclusion headers or other measures used to restrict access to the sites, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the GarageSale.com website, manipulates the price of any item or interferes with other users’ listings; w) use any form of automated device or computer program that enables the submission of postings on GarageSale.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; y) fail to deliver payment for items purchased by you, or fail to deliver items purchased from you, unless the seller has materially changed the item’s description, or unless the buyer fails to meet the posted terms; or z) export or re-export GarageSale.com’s tools, except in compliance with export control laws. You also may not transfer your GarageSale.com’s user ID to another party without our consent. 12. POSTING AGENTS A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on GarageSale.com 's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from GarageSale.com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from GarageSale.com. 13. NO SPAM, SPYWARE OR SPOOFING POLICY We and our users do not tolerate spam. Make sure to set your GarageSale.com communication preferences so we communicate to you as you prefer. You are not licensed to add other GarageSale.com users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses. You understand and agree that sending unsolicited email advertisements to GarageSale.com email addresses or through GarageSale.com computer systems, which is expressly prohibited by these terms. Any unauthorized use of GarageSale.com computer systems is a violation of these terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. 14. PAID POSTINGS We do charge fees for using services, such as listing items, running banner ads, posting content and consummating auction sales. The fee is set forth in the separate fees schedule. We also may charge a fee for processing ads for publication of content with third parties. Each party posting Content to the Service is responsible for said Content and compliance with the terms of this agreement. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the terms of this agreement. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time after we provide you with at least 14 days' notice by posting the changes on the GarageSale.com site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)] 15. LIMITATIONS ON SERVICE You acknowledge that GarageSale.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that GarageSale.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that GarageSale.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that GarageSale.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 16. ACCESS TO THE SERVICE GarageSale.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by GarageSale.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings, or which is in the business of providing classified ad listing services. GarageSale.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only. You may also create a hyperlink to the home page of GarageSale.com sites so long as the link does not portray GarageSale.com in a false, misleading, derogatory, or otherwise offensive matter. GarageSale.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website, or view postings through third party software aggregators. GarageSale.com permits you to display, excerpt from, and link to the RSS feeds on your personal website, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ' GarageSale.com’ as the source, (d) your use or display does not suggest that GarageSale.com promotes or endorses any third party ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden GarageSale.com 's systems. GarageSale.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of authorized access granted to you by GarageSale.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from GarageSale.com. 17. TERMINATION OF SERVICE GarageSale.com and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue GarageSale.com sites, services, or tools. You agree that GarageSale.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if GarageSale.com believes that you have acted inconsistently with the letter or spirit of the terms of this agreement. Further, you agree GarageSale.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of this agreement. 18. PROPRIETARY RIGHTS The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright, pursuant to copyrights laws, and international conventions. Any reproduction, modification, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of GarageSale.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of GarageSale.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although GarageSale.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to GarageSale.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content, the right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant GarageSale.com all rights necessary to prohibit any subsequent aggregation, display, copying, or exploitation of the Content on the Service by any party for any purpose. For the convenience of sellers, we may offer catalogs of stock images, descriptions, and product specifications that are provided by third parties (including GarageSale.com users). You may use catalog content solely in connection with your GarageSale.com listings during the time your listings are on GarageSale.com 's sites. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all GarageSale.com policies. The catalogs may include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings). 19. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE GARAGESALE.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE GARAGESALE.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GARAGESALE.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GARAGESALE.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GARAGESALE.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GARAGESALE.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GARAGESALE.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GARAGESALE.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GARAGESALE.COM SITE OR THE SERVICE. YOU FURTHER AGREE AND UNDERSTAND THAT CERTAIN TRANSACTIONS POSTED ON GARAGESALE.COM MAY INVOLVE IN PERSON MEETINGS AT PRIVATE RESIDENCES, OR OTHER LOCATIONS AND THAT ANY AND ALL SUCH MEETINGS ARE ENTIRELY AT THE RISK OF SUCH PROSPECTIVE PURCHASERS AND SELLERS. GARAGESALE.COM AND THE SERVICE DO NOT MAKE ANY REPRESENTATION TO EITHER PURCHASERS OR SELLERS AS TO THE SAFETY OF ANY SUCH PERSON OR AS TO THE SAFETY OF ANY LOCATION WHERE GOODS OR SERVICES MAY BE SOLD. ALL PARTIES ARE EXPRESSLY ADVISED TO USE CAUTION WHEN VISITING ANY LOCATION AND WHEN PERSONS ARE VISITNG AN ADVERTISED LOCATION. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 20. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL GARAGESALE.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GARAGESALE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GARAGESALE.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GARAGESALE.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE GARAGESALE.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GARAGESALE.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GARAGESALE.COM SITE OR THE SERVICE OR ANY LINKS ON THE GARAGESALE.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GARAGESALE.COM SITE OR THE SERVICE OR ANY LINKS ON THE GARAGESALE.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU WILL NOT HOLD GARAGESALE.COM RESPONSIBLE FOR OTHER USERS' CONTENT, ACTIONS, OR INACTIONS, ITEMS THEY LIST OR THEIR DESTRUCTION OF ALLEGEDLY FAKE ITEMS. YOU ACKNOWLEDGE THAT WE ARE NOT A TRADITIONAL AUCTIONEER. INSTEAD, OUR SITES ARE VENUES TO ALLOW ANYONE TO OFFER, SELL, AND BUY JUST ABOUT ANYTHING, AT ANYTIME, FROM ANYWHERE, IN A VARIETY OF PRICING FORMATS AND LOCATIONS, SUCH AS STORES, FIXED PRICE FORMATS, AND AUCTION-STYLE FORMATS. WE ARE NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. WHILE WE MAY HELP FACILITATE THE RESOLUTION OF DISPUTES THROUGH VARIOUS PROGRAMS, WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF USERS’ CONTENT OR LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION OR RETURN AN ITEM. FOR CERTAIN CATEGORIES, A BID OR OFFER INITIATES A NON-BINDING TRANSACTION REPRESENTING A BUYER’S SERIOUS EXPRESSION OF INTEREST IN BUYING THE SELLER’S ITEM. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools. Some jurisdictions do not allow the disclaimer of warranties, the limitations of liability or the exclusion of damages, so such disclaimers, limitations and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. 21. INDEMNITY You agree to indemnify and hold GarageSale.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the terms of this agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another. 22. TAXES All users and affiliates should consult with a tax advisor as to the tax consequences of any transaction, including the purchase or sale of goods and services or the receipt of a referral fee. Sales, use and income taxes may become due as a result of any or all of the foregoing. GarageSale.com makes no warranty or representation as to any tax treatment to any users or affiliates and unless expressly provided for in a sale, GarageSale.com does not collect or remit or withhold any taxes for any users of the GarageSale.com site 23. GENERAL INFORMATION The terms of this agreement constitute the entire agreement between you and GarageSale.com and govern your use of the Service, superceding any prior agreements between you and GarageSale.com. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. The terms of this agreement and the relationship between you and GarageSale.com shall be governed by the laws of the State of New York. You and GarageSale.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Westchester, New York. The failure of GarageSale.com to exercise or enforce any right or provision of the terms of this agreement shall not constitute a waiver of such right or provision. If any provision of the terms of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of the agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the terms of this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 24. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the terms of this agreement immediately to GarageSale.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for GarageSale.com to pursue legal action to enforce these terms, you will be liable to pay GarageSale.com the following amounts as liquidated damages, which you accept as reasonable estimates of GarageSale.com ' damages for the specified breaches of these Terms: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay GarageSale.com one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures. b. If GarageSale.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay GarageSale.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access GarageSale.com in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to GarageSale.com email addresses or through GarageSale.com computer systems, you agree to pay GarageSale.com twenty five dollars ($25) for each such email. d. If you post Content in violation of the terms of this agreement, other than as described above, you agree to pay GarageSale.com one hundred dollars ($100) for each Item of Content posted. In its sole discretion, GarageSale.com may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Service in violation of the terms of agreement, in addition to any liquidated damages under clause (d), you agree to pay GarageSale.com one hundred dollars ($100) for each and every Item you post in violation of the terms of agreement. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the terms of agreement) agrees to pay GarageSale.com an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the terms of agreement. f. If you aggregate, display, copy, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these terms without GarageSale.com 's express written permission, you agree to pay GarageSale.com three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay GarageSale.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these terms, GarageSale.com retains the right to seek the remedy of specific performance of any term contained in these terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these terms, or any combination thereof. 24. NOTICE AND RESOLUTION OF DISPUTES WITH GARAGESALE.COM If a dispute arises between you and GarageSale.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GarageSale.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into under New York law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against GarageSale.com must be resolved exclusively by a state or federal court located in Westchester County, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Westchester County, New York for the purpose of litigating all such claims or disputes. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Except as explicitly stated otherwise, legal notices shall be served on GarageSale.com at the contact address provided on the website (in GarageSale.com’s case) or to the email address you provide to GarageSale.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the GarageSale.com is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. All claims you bring against GarageSale.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, GarageSale.com may recover attorneys' fees and costs up to $1000, provided that GarageSale.com has notified you in writing of the improperly filed claim, and you have failed to properly withdraw the claim.
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