Terms and Conditions of Use, effective February 1, 2013
You must register with the Site in order to access certain features. You will choose a user name and a password through the Site’s registration process and are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
The information and opinions expressed in for-sale listings, blogs, bulletin boards, chat rooms or any other forums available on the Site are not those of the Company. We make no representations regarding any such user-submitted information or opinions and we have no obligation to monitor the user-submitted listings, information and opinions on the Site. However, we reserve the right to take down, edit and/or refuse to post any user-submitted material to the Site that we deem inappropriate or in violation of the Agreement and/or terminate or suspend Site access of any user in our sole discretion.
The Site and all materials available on it are the property of the Company or its licensors and are protected by copyright, trademark and other intellectual property laws. We provide the Site solely for your individual use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of the Company’s or its licensors’ intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents available for download for your use.
By posting or submitting any material (including, without limitation, text, photos and videos) onto or through the Site for any reason, you are representing that the information or material is truthful, that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. You grant us, or anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform or display the material in whole or in part.
The Site contains materials that are derived in whole or in part from material created and/or supplied by the Company, other users and other sources and is protected by, without limitation, copyright and trademark laws. You should assume that everything you see or read on the Site is copyrighted material unless it is expressly stated otherwise, and that nothing may be used except as expressly provided in this User Agreement without the prior written permission of the Company.
Pursuant to the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. The Copyright Agent is Nathan Benjamin and can be reached at email@example.com. If you believe that your work has been copied on the Site in a manner that constitutes infringement of your valid copyright, please submit the following information to the Company Copyright Agent:
The following activities are expressly prohibited from the Site:
Virtual Market Place
By participating in the Site’s virtual marketplace, you agree to the following representations and conditions.
The Company does not possess, offer, own, or hold any merchandise that is posted for sale on its website. The Company’s virtual marketplace serves as a venue for users to offer various items for sale and for customers to purchase such items.
By listing items for sale on the Site, you represent and warrant the following:
By purchasing items through the Site, you represent and warrant the following:
Federal and State Laws
When using the Site, on the Site or in any other media selected by the Company, the User must obey all applicable federal, state and local laws. The Site was created and will be operated from the United States. Any use of this site that violates any applicable laws will be grounds for discontinuing the User’s rights to access the Site.
Your Access to Information of Other Users
When you provide your information to other users, we cannot guarantee the privacy or security of your information. We encourage you to request and evaluate the privacy and security policies of your trading partner before entering into a transaction. As such, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions. To the extent that you are a recipient of information from other users of the Site at any time, you agree to use user information only for: engaging in transactions on the Site, expressly excluding the dissemination of unsolicited commercial messages; using any ancillary services offered through the Site, or as expressly authorized by the user.
Third Party Listings
The listing of any third party professional or other goods or services provider on the Site is provided solely as a convenience for the User. The Company’s listing of any third party does not create a partnership or affiliation with the third party. The Company’s listing of any third party does not constitute sponsorship or endorsement of these professionals or service providers. You shall make a competent consumer decision before employing the services of any listed third party professional or service provider. You bear all risk associated with the employing of any third party and obtaining their goods or services.
Disclaimer of Warranties
The information and services offered on or through the Site and any referenced third-party sites are provided “as-is” and without warranties of any kind, either express or implied. This includes listings of any third-party goods or services provider included in the site. Any third-party goods or services provider is supplied as a convenience to the user and does not constitute sponsorship, affiliation, partnership or endorsement. The Company disclaims all express and implied warranties to the fullest extent of the law, included but not limited to implied warranty of merchantability, non-infringement and fitness for a particular purpose. We do not warrant or make any representations regarding the use or the results of the use of the Site and materials on the Site in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Limitation of Liability
The liability of the Company, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the use of the site, or the rendition of services obtained through the site, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net total cost (excluding taxes and freight) for such products or services provided by the Company. In no event will we be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages for any use of the Site, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on the user’s information handling system or otherwise, even if the company is expressly advised on the possibility of such damages.
You agree to indemnify the Company and its affiliates, employees, agents, representatives and third party service providers. You agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: claims by the other party in a sale transaction facilitated by the Site, submissions, unauthorized use of material obtained through the Site or breach of this Agreement.
The Company may cancel or terminate the User’s right to access or use any part of the Site at any time without notice. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User’s account and/or give rise to civil action against the User. The disclaimers herein and all restrictions on the User regarding information downloaded or obtained from the Site shall survive any cancellation or termination of the User’s right to use the Site.
If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
Because public networks, such as the internet, occasionally experience disruptions, we cannot guarantee the Site will be available 100 percent of the time. Although we strive to provide the most reliable website possible, interruptions and delays in accessing the Site are unavoidable and we disclaim any liability for damages resulting from such problems.
Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current or error-free. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Kansas, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the Johnson County Kansas District Court or the United States District Court for the District of Kansas.