Terms and Conditions
Welcome to the user agreement (the "Agreement" or "User Agreement")
for City Yard Sales. This Agreement describes the terms and conditions applicable
to your use of our services available under the domain and sub-domains of lejeuneyardsales.com
(the "Site"). If you do not agree to be bound by the terms and conditions
of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained
in this User Agreement before you may become a member of City Yard Sales. We
strongly recommend that, as you read this User Agreement, you also access and
read the information contained in the other pages and websites referred to in
this document, as they may contain further terms and conditions that apply to
you as a City Yard Sales user.
We may amend this Agreement at any time by posting the amended terms on the
Site. Except as stated below, all amended terms shall be effective immediately
after they are initially posted on the Site. This Agreement is effective upon
acceptance in registration for new registering users, and subsequent updates
are applicable to all users.
Identity Verification
We use many techniques to verify the accuracy of the information our users provide
us when they register on the Site. However, because user verification on the
Internet is difficult, City Yard Sales cannot and does not confirm each user's
purported identity. We encourage you to communicate directly with potential
trading partners. You may also wish to consider using a third party escrow service
or services that provide additional user verification.
Release
Because we are a venue, in the event that you have a dispute with one or more
users, you release City Yard Sales 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.
Information Control
We do not control the information provided by other users that is made available
through our system. You may find other user's information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common sense, and practice safe
trading when using the Site. Please note that there are also risks of dealing
with underage persons or people acting under false pretense. Additionally, there
may also be risks dealing with international trade and foreign nationals. By
using this Site, you agree to accept such risks and City Yard Sales is not responsible
for the acts or omissions of users on the Site.
Fraud
Without limiting any other remedies, City Yard Sales may suspend or terminate
your account if we suspect that you (by conviction, settlement, insurance or
escrow investigation, or otherwise) have engaged in fraudulent activity in connection
with the Site.
Denial Of Service
City Yard Sales reserves the right to deny services to any person or entity.
We reserve the right to invalidate, delete, and remove accounts and items at
any time.
Copyright Infringement
City Yard Sales works to ensure that listed items do not infringe upon the copyright,
trademark or other rights of third parties. Where applicable, rights owners
can report listings offering infringing items, and request that such items be
removed.
Personal Information.
Definition. "Your Information" is defined as any information you provide
to us or other users in the registration, listing or transaction process, in
any public area or through any email feature. You are solely responsible for
Your Information, and we act as a passive conduit for your online distribution
and publication of Your Information.
Restricted Activities
Your Information (or any items listed) and your activities on the Site shall
not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the
sale of counterfeit or stolen items; (c) infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy; (d) violate any law, statute, ordinance or regulation (including,
but not limited to, those governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising); (e) be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or
contain child pornography or, if otherwise adult in nature or harmful to minors,
shall not be posted anywhere on City Yard Sales and shall not be distributed
to people legally permitted to receive such content; (g) contain any viruses,
Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; (h) create
liability for us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions
of goods or services that: (aa) are prohibited under this Agreement; (bb) you
do not have a right to link to or include. Furthermore, you may not list any
item on the Site (or consummate any transaction that was initiated using our
service) that could cause us to violate any applicable law, statute, ordinance
or regulation, or that violates our current Prohibited, Questionable and Infringing
Items.
License
Solely to enable City Yard Sales to use the information you supply us with,
so that we are not violating any rights you might have in that information,
you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right to exercise the copyright, publicity,
and database rights (but no other rights) you have in Your Information, in any
media now known or not currently known, with respect to Your Information. City
Yard Sales will only use Your Information in accordance with our Privacy Policy.
Interference
You agree that you will not use any robot, spider, scraper or other automated
means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not: (i) take any action that imposes,
or may impose in our sole discretion an unreasonable or disproportionately large
load on our infrastructure; (ii) copy, reproduce, modify, create derivative
works from, distribute or publicly display any content (except for Your Information)
from the Site without the prior expressed written permission of City Yard Sales
and the appropriate third party, as applicable; (iii) interfere or attempt to
interfere with the proper working of the Site or any activities conducted on
the Site; or (iv) bypass our robot exclusion headers or other measures we may
use to prevent or restrict access to the Site.
Breach
Without limiting other remedies, we may limit your activity, immediately remove
your item listings, warn our community of your actions, issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to provide
our services to you if: (a) you breach this Agreement or the documents it incorporates
by reference; (b) we are unable to verify or authenticate any information you
provide to us; or (c) we believe that your actions may cause financial loss
or legal liability for you, our users or us.
Privacy
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent and we only use your information
as described in the Privacy Policy. We view protection of users' privacy as
a very important community principle. We understand clearly that you and your
information is one of our most important assets. We store and process your information
on computers located in the United States that are protected by physical as
well as technological security devices. If you object to your Information being
transferred or used in this way please do not use our services.
No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND
OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY 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 that vary from state to state.
Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Indemnity
You agree to indemnify and hold us harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your breach of this Agreement or the documents it incorporates by reference,
or your violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our service and your listing,
purchase, solicitation of offers to purchase, and sale of items.
No Agency
You and City Yard Sales are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given to info@cityyardsales.com
(in the case of Lejeune Yard Sales) or to the email address you provide to City
Yard Sales during the registration process (in your case). 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 prepaid and return receipt requested, to the address provided
to City Yard Sales during the registration process. In such case, notice shall
be deemed given 4 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and City Yard Sales, our goal is to
provide you with a neutral and cost effective means of resolving the dispute
quickly. Accordingly, you and City Yard Sales agree that any claim or controversy
at law or equity that arises out of this Agreement or our services ("Claims")
shall be resolved in accordance with one of the subsections below or as otherwise
mutually agreed upon in writing by the parties. Before resorting to these alternatives,
we strongly encourage you to first contact us directly to seek a resolution
and we will consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation, as an alternative to litigation.
Binding Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) where
the total amount of the award sought is less than $10,000, you or City Yard
Sales may elect to resolve the dispute through binding arbitration conducted
by telephone, on-line and/or based solely upon written submissions where no
in-person appearance is required. In such cases, the arbitration shall be administered
by the American Arbitration Association or JAMS in accordance with their applicable
rules, or any other established ADR provider mutually agreed upon by the parties.
Any judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.
Court
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction
located in ???? or where the defendant is located (in our case ????, and in
your case your home address or principal place of business). You and City Yard
Sales agree to submit to the personal jurisdiction of the courts located within
????.
Alternative Dispute Resolution
Alternatively, City Yard Sales will consider use of other alternative forms
of dispute resolution, such as binding arbitration to be held in ???? or another
location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between
the parties must be resolved using the dispute resolution mechanism that is
selected in accordance with this Section by the first party to file a Claim.
Should either party file an action contrary to this Section, the other party
may recover attorneys' fees and costs up to $1000, provided that the party seeking
the award has notified the other party in writing of the improperly filed Claim,
and the other party has failed to withdraw the Claim.
General
This Agreement shall be governed in all respects by the laws of the State of
North Carolina as such laws are applied to agreements entered into and to be
performed entirely within North Carolina between North Carolina residents. We
do not guarantee continuous, uninterrupted or secure access to our services,
and operation of the 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. You agree that this Agreement and all incorporated agreements may
be automatically assigned by City Yard Sales in accordance with the Section
entitled "Notices", in our sole discretion, 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. Sections entitled Fees and Services
with respect to fees owed for our services, as well as Release, License, Access
and Interference, Liability Limit, Indemnity and Resolution of Disputes shall
survive any termination or expiration of this Agreement.
Disclosures
The services here under are offered by City Yard Sales.
Disputes
Disputes between you and City Yard Sales regarding our services may be reported
to Customer Support by e-mailing info@cityyardsales.com. We encourage you to
report all user-to-user disputes to your local law enforcement, postmaster general,
or a certified mediation or arbitration entity.
Animal & Gun Policy Retail pet sales are prohibited. Adoption fees less-than
$100 are permissible. Guns sales strictly prohibited.
Contact Us
Any questions about these Terms should be directed to us at: info@cityyardsales.com.
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