|
Acceptance of Terms
UsedBizStuff, LLC provides its
service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to
you. You can review the most current version of the TOS at any
time
by
clicking on the Terns link at the bottom of the page on this
site, and furthermore, by using and navigating this site, you
agree to these terms and conditions.
In addition, when using
particular services, you shall be subject to any posted
guidelines or rules applicable to such services. All such
guidelines or rules (including but not limited to our
Privacy Policy
are hereby incorporated by reference into the TOS.
Description of Service
UsedBizStuff,
LLC Inc., hereinafter UsedBizStuff, LLC, currently provides
users with access to a collection of resources, including,
reading and submitting of of classified advertisements, various
communications tools, forums, shopping and selling services,
email subscriptions, and search services through its Web sites
(hereinafter, the "Service"). You also understand and agree that
the Service may include advertisements and that these
advertisements are necessary for us to provide the Service. You
also understand and agree that the Service may include certain
communications from us, such as service announcements,
administrative messages, and our newsletter, and that these
communications are considered part of using the service. Unless
explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new Web
sites, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that UsedBizStuff, LLC
assumes no responsibility for the timeliness, deletion,
incorrect-delivery or failure to store any user communications
or personalization settings. You are responsible for obtaining
access to the Service and that access may involve third party
fees (such as Internet service provider or airtime charges). You
are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you
must provide and are responsible for all equipment necessary to
access the Service.
Duties of the User
By using the
Service, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
form or by employees of UsedBizStuff, LLC when in the normal
course of their duties and (b) maintain and promptly update the
the information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not
current or incomplete, or we have reasonable grounds to suspect
that such information is so, we have the right to suspend or
terminate your access to the service and refuse any and all
current or future use of the Service (or any portion thereof).
You also represent that you are not
a person barred from receiving services under the laws of the
United States or other applicable jurisdiction.
Privacy Policy
Your information is
subject to our Privacy Policy. For more information, see our
full privacy policy.
Password Security
For access to
some areas of the Service, you may receive a password and
account designation (usually your email address). You are
responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a)
immediately notify us of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session.
UsedBizStuff, LLC cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
User Conduct
You understand
that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such
Content originated. This means that you, and not UsedBizStuff,
LLC, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the
Service. While UsedBizStuff, LLC does offer marginal control
over some of the Content posted via the Service, much of the
content is not controlled and, as such, UsedBizStuff, LLC does
not guarantee the accuracy, integrity or quality of any Content.
You understand that by using the Service, you may be exposed to
Content that is offensive, indecent, or objectionable. Under no
circumstances will we be liable in any way for any Content,
including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service
to:
a. upload,
post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, libelous, vulgar, obscene, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable; that includes personal or identifying information
about another person without that person's explicit consent;
that is false, deceptive, misleading, deceitful, incorrectly
informative, or constitutes "bait and switch";
b. harm
minors in any way;
c. impersonate
any person or entity, including, but not limited to, a
UsedBizStuff employee, sponsors, or advertisers, or otherwise
misrepresent your affiliation with a person or entity;
d. forge
headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload,
post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements); or that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
f. upload,
post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes,"
"affiliate marketing," or any other form of solicitation in
violation of the Computer Fraud and Abuse Act (18 U.S.C.
�
1030).
g. advertise
any illegal services or the sale of any items the sale of which
is prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated in
the United States;
h. intentionally
or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the
force of law;
i. provide
material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United
States government as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act;
j. upload,
post, email, transmit or otherwise make available any material
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;
k. repeatedly
post the same or similar Content or otherwise impose an
unreasonable or disproportionately large load on our
infrastructure;
l. attempt
to gain unauthorized access to UsedBizStuff, LLC computer
systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the
functionality of, the Service or our websites;
m. interfere
with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service;
n. contact
anyone who has asked not to be contacted;
o. "stalk"
or otherwise harass another;
p. collect
or store personal data about other users;
q. use
automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from the Service --
exception is made for Internet search engines (e.g. Google) and
non-commercial public archives (e.g. archive.org).
You acknowledge that UsedBizStuff,
LLC may or may not pre-screen Content, but that UsedBizStuff,
LLC and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, move, edit,
or refuse any Content that is available via the Service. Without
limiting the foregoing, UsedBizStuff, LLC and its designees
shall have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created or made available by
UsedBizStuff or submitted to us, including without limitation
information found in all parts of the Service.
You acknowledge, consent and agree
that we may access, collect, preserve, analyze and disclose your
account information and Content.
You understand that the technical
processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
You understand that the Service and
software embodied within the Service may include security
components that permit digital materials to be protected, and
use of these materials is subject to usage rules set by
UsedBizStuff, LLC and/or content providers who provide content
to the Service. You agree not to attempt to override or
circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in
whole or in part, is strictly prohibited.
Intellectual Property
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 as a collective work and/or
compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of
derivative works from or redistribution of the Sites or the
collective work is prohibited. Copying or reproducing the sites
or any portion thereof to any other server or location for
further reproduction or redistribution is prohibited. You
further agree not to reproduce, duplicate or copy Content from
the Service, 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.
UsedBizStuff,
www.UsedBizStuff.com
are trade and service marks of UsedBizStuff, LLC.
Although UsedBizStuff, LLC does not
claim ownership of content that its users post, by posting
Content to the Service, you automatically grant, and you
represent and warrant that you have the right to grant, to
UsedBizStuff, LLC an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, edit, perform,
display, and distribute said Content and to prepare derivative
works of, or incorporate into other works, said Content, and to
grant and authorize sublicenses (through multiple tiers) of the
foregoing.
UsedBizStuff, LLC shall be free to
use any ideas, concepts, know-how or techniques contained in
such information for any purpose whatsoever including but not
limited to developing, manufacturing and marketing products or
services incorporating such information.
Indemnity
You agree to
indemnify and hold UsedBizStuff, LLC, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your
violation of any rights of another.
General
Practices Regarding Use and Storage
You acknowledge that UsedBizStuff,
LLC may establish general practices and limits concerning use of
the Service, including without limitation the maximum number of
days that email messages, message board postings or other
uploaded Content will be retained or made available by the
Service, the maximum number of messages that may be sent from or
received by a user on the Service, the maximum size of any
message that may be sent from or received by an account on the
Service, the maximum disk space that will be allotted on our
servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a
given period of time. You agree that UsedBizStuff, LLC has no
responsibility or liability for the deletion or failure to store
any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
we reserve the right to modify these general practices and
limits from time to time.
Modifications of Service
UsedBizStuff,
LLC reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that we
shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Service.
Termination
You agree that
UsedBizStuff, LLC may, under certain circumstances and
without prior notice, immediately terminate your use of the
Service, any associated email address, and access to the
Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you,
(d) discontinuance or material modification to the Service (or
any part thereof), (e) unexpected technical or security issues
or problems, and (f) extended periods of inactivity. Termination
of your use includes (a) removal of access to all offerings
within the Service, including but not limited to ad posting,
message boards, alerts, (b) deletion of your password and all
related information, files and content associated with or inside
your account (or any part thereof), and (c) barring further use
of the Service. Further, you agree that all terminations for
cause shall be made in our sole discretion and that we shall not
be liable to you or any third-party for any termination of your
use or access to the Service.
Dealings with Advertisers
Your
correspondence or business dealings with, or participation in
promotions of, advertisers, businesses, and individuals found on
or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between you and such advertiser, business, or individual.
You agree that UsedBizStuff shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such
advertisers on the Service.
Links to External Content
The Service may
provide, or third parties may provide, links to other World Wide
Web sites or resources. Because we have no control over such
sites and resources, you acknowledge and agree that we are not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge
and agree that UsedBizStuff, LLC shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through
any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a. YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. USEDBIZSTUFF, LLC
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. USEDBIZSTUFF,
LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
c. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
d. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM USEDBIZSTUFF, LLC OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT USEDBIZSTUFF, LLC SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF USEDBIZSTUFF, LLC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
No Third Party Beneficiaries
You agree that,
except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
Notice
UsedBizStuff,
LLC may provide you with notices, including those regarding
changes to the TOS, by either email, regular mail, or postings
on the Service.
General Information
Entire Agreement.
The TOS constitute the entire agreement between you and
UsedBizStuff, LLC and govern your use of the Service,
superseding any prior agreements between you and UsedBizStuff,
LLC.
Choice of Law and Forum.
The TOS Agreement and the relationship between you and
UsedBizStuff, LLC
shall be governed
by, construed and enforced in accordance with the laws of the
Commonwealth of Virginia, as it is applied to agreements entered
into and to be performed entirely within such State. Any action
you, any third party or UsedBizStuff, LLC brings to enforce this
agreement or, in connection with, any matters related to this
site shall be brought only in either the state or Federal Courts
located in Hanover County or Henrico County, Virginia, and you
expressly consent to the jurisdiction of said courts. If any
provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity
and enforceability of any remaining provisions. This is the
entire agreement between the parties relating to the matters
contained herein and shall not be modified except in writing,
signed by UsedBizStuff, LLC.
This
Agreement shall all be governed and construed in accordance with
the laws of Commonwealth of Virginia applicable to agreements
made and to be performed in Commonwealth of Virginia. You agree
that any legal action or proceeding between UsedBizStuff.com and
you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in Commonwealth
of Virginia and the City of Richmond, Virginia or County of
Henrico, Virginia. Any cause of action or claim you may have
with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or
cause of action is barred. UsedBizStuff.com's failure to insist
upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this
Agreement. UsedBizStuff.com may assign its rights and duties
under this Agreement to any party at any time without notice to
you.
Waiver and Severability of Terms.
The failure of UsedBizStuff, LLC to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
Statute of Limitations.
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 TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the TOS are
for convenience only and have no legal or contractual effect.
Violations
Please
report any violations of the TOS by emailing
CustomerService@UsedBizStuff.com |
