THE FOLLOWING DESCRIBES THE TERMS ON WHICH LOCALLIVINGIN.COM OFFERS YOU ACCESS TO OUR SERVICES. BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
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. LocalLivingIn.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 LocalLivingIn.Com is free. 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. LocalLivingIn.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, LocalLivingIn.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 LocalLivingIn.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 New York resident, you waive New York 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 LocalLivingIn.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 LocalLivingIn.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, LocalLivingIn.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, LocalLivingIn.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:
5.1 You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
5.2 Your Information and your items for sale on LocalLivingIn.Com: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography or, if otherwise harmful to minors, shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this Agreement; (ii) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount; (iii) are concurrently listed for auction on a web site other than GarageSaleHomePage.com's; or (iv) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any: (x) item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or (y) item that is currently on LocalLivingIn.Com's Prohibited Items List, and incorporated herein, which may be updated from time to time.
6. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the LocalLivingIn.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 Garage Sale'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://LocalLivingIn.Com, are incorporated herein by reference.
10. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE LocalLivingIn.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 LocalLivingIn.Com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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 Albany, New York necessary to protect the rights or property of you or LocalLivingIn.Com pending the completion of arbitration.
16. General. This Agreement shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York 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 LocalLivingIn.Com, 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.