GarageSaleHomePage.Com User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH GARAGESALEHOMEPAGE.COM OFFERS YOU ACCESS TO OUR SERVICES. BY PRESSING THE "Agree" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
Welcome to GarageSaleHomePage.Com Inc.'s User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at GarageSaleHomePage.com. By clicking the "I Accept" button, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions or have any questions that our User Agreement Frequently Asked Questions (at http://GarageSaleHomePage.com/help/basics/f-agreement.html) or our User Agreement Revision Frequently Asked Questions (at http://pages-new. GarageSaleHomePage.Com/help/community/png-user.html) cannot answer, please contact agree-questions@ GarageSaleHomePage.Com.GarageSaleHomePage.Com reserves the right to amend this Users Agreement at any time by posting the amended terms on our User Agreement portion of the site. The amended terms shall automatically be effective 30 days after they are initially posted on our site. This Users Agreement may not be otherwise be amended, except with a written agreement approved by GarageSaleHomePage.Com and their customer. This agreement was revised on September 19, 1999.
1. Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. GarageSaleHomePage.Com may refuse our services (such as, but not limited to listings, chats, and posting) to anyone at any time, in our sole discretion.
2. Fees. Registration for GarageSaleHomePage.Com is free. Our Fees and Credit Policies for selling items on GarageSaleHomePage.Com are available at http://GarageSaleHomePage.com/help/sellingfees.html, and are incorporated herein by reference. Unless otherwise stated, all fees and posting amounts are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur. We may in our sole discretion add, delete or change some or all of our services, to include posting, at any time.
3. GarageSaleHomePage.Com is Only a Venue. Our site acts as the venue for sellers to post products that they wish to sell. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have agreed to purchase. Also you most consider the risks of dealing with foreign nationals, underage persons or people acting under false pretense.. Because user authentication on the Internet is difficult, GarageSaleHomePage.Com cannot and does not confirm that each user is who they claim to be. Therefore, because you must be careful in dealing with other users to avoid fraud, we have established a user-initiated Respond/Response system to help you evaluate who you are dealing with. We strongly encourage that you to communicate directly with a trading partner to help you evaluate with whom you are dealing. Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release GarageSaleHomePage.Com (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ¤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." For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution -- and common sense -- when using our site.
4. Listing and Selling. Listings are text descriptions, graphics and pictures on GarageSaleHomePage.com's web site supplied by you that either; (a) textually describe the item you are listing for auction, or (b) link to the text, graphics and picture(s) describing the item you are listing for sale. You may post on GarageSaleHomePage.com's site either or both of these listing types, provided that you place such listings in an appropriate category. Without limiting any other remedies, GarageSaleHomePage.Com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site. Without limiting other remedies, GarageSaleHomePage.Com will suspend or terminate your account if you repeatedly infringe third party intellectual property rights..
5. Your Information. Your information includes any information you provide to us or other users during the registration, purchasing or listing products, in any public message area (including the Caf. or the Respond/Response area) or through any email feature (defined herein as "Your Information"). With respect to Your Information:
6. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the GarageSaleHomePage.Com site or any transactions being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
7. Respond/Response. You may not take any actions which may undermine the integrity of the Respond/Response system, such as: leaving positive Respond/Responce for yourself using secondary User IDs or third parties; leaving negative Respond/Responce for other users using secondary accounts or third parties (Respond/Responce bombing); or leaving negative Respond/Responce if a user fails to perform some action that is outside the scope of the auction (Respond/Responce extortion). If you receive a negative Respond/Responce rating that GarageSaleHomePage.Com believes to be detrimental to the working of our site we reserve the right to suspend your registration and user rights.
8. Suspension. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current GarageSale's, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
9. Privacy. Our then-current privacy policies, available at http://www.GarageSaleHomePage.com/help/privacy.html, are incorporated herein by reference.
10. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE GarageSaleHomePage.Com WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
11. Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
12. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your GarageSale, purchase and sale of items.
13. No Agency. You and GarageSaleHomePage.Com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
14. Notices. Except as explicitly stated otherwise, any notices shall be given by email to agree-questions@GarageSaleHomePage.Com.com (in the case of GarageSaleHomePage.Com) or to the email address you provide to GarageSaleHomePage.Com during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage pre-paid and return receipt requested, to the address provided to GarageSaleHomePage.Com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
15. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Jose, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or GarageSaleHomePage.Com may seek any interim or preliminary relief from a court of competent jurisdiction in San Jose, California necessary to protect the rights or property of you or GarageSaleHomePage.Com pending the completion of arbitration.
16. General. This Agreement shall be governed in all respects by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
17. Disclosures. The services hereunder are offered by GarageSaleHomePage.Com, Inc.,
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
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