User Agreement

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User Agreement

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The Disclaimer
Limitation of Liability
Indemnification
Disputes
Use of Site Information
For Sellers
For Buyers
Spam

THE FOLLOWING DESCRIBES THE TERMS IN WHICH EYARDSALE OFFERS YOU ACCESS TO OUR SERVICES.

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below before you use eYardsale.

Each of these policies may be changed from time to time and are effective immediately after we post the changes on the site. In addition, when using the services on the site, you agree that you are subject to any posted policies or rules applicable to service you use through the site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

The Disclaimer

eYardsale is not responsible for any direct, indirect, special, incidental, consequential or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the site or in reliance on the information available on the site, including any personal injury, business interruption, loss of use, lost data, lost profits or any other pecuniary loss, whether in an action of contract, negligence or other tortious action, even if eYardsale has been informed of the possibility thereof.

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 pay for items. We cannot ensure that a buyer or seller will actually complete a transaction.

Sellers and eYardsale are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Because we are a service, in the event that you have a dispute with one or more users, you release eYardsale 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. eYardsale is not responsible for the acts or omissions of its users.

Limitation of liability

In no event will eYardsale be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or delay of such information or service. Even if eYardsale or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service

Indemnification

You agree to indemnify, defend and hold harmless eYardsale.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the service.

Disputes

Disputes between you and eYardsale regarding our site may be reported to Customer Support via the Contact Us link. We encourage you to report all user-to-user disputes to your local law enforcement, or a certified mediation or arbitration entity.

Use of Site Information

You may print and download portions of material from the different areas of the site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

For Sellers

By posting an item to this site the seller further agrees to:

Fees and Services (this will become applicable once the site starts charging fees)

We charge fees for listing items for sale through our site and when you list an item you have an opportunity to review and accept the fees that you will be charged. We may change our fees for our services from time to time. All fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.

Certain taxes and government charges may be payable in relation to the purchase transaction. We accept no responsibility for such taxes and other government charges on transactions on the site.

Listing Description

You must be legally able to sell the item(s) you list for sale on the site. You must describe your item and all terms of sale on the listing page of the site. All listed items must be listed in an appropriate category.

Fraud

Without limiting any other remedies, we 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 the site.

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, anti discrimination 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, (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.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your listing, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause financial loss or legal liability for you, our users or us.

Legal Compliance

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

License

You agree to grant to eYardsale a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site or by e-mail to eYardsale by all means and in any media now known or hereafter developed.

Requests for Removal of Postings

eYardsale occasionally receives requests from people to remove listings, a “report this ad” link is included in every ad. eYardsale reserves the right to address such requests individually, the general approach that eYardsale takes is as follows:

• eYardsale cannot and does not screen anything prior to it being listed.
• eYardsale does review the listings periodically for content
• Upon receipt of a complaint, eYardsale will review the ad and compare it to the restricted activities section outlined in the user agreement. All decisions made by eYardsale are final and there is no appeal process.
• If it is deemed that the listing violates the restricted activities policies, the ad will be removed immediately; the seller will be appropriately warned, suspended or banned from using the services of eYardsale.
• If the ad is not in violation, there will be no further action.

For Buyers

You assume total responsibility and risk for your use of the site and the Internet. eYardsale provides the site and related information “as is” and does not make any express or implied warranties representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the Internet generally, and eYardsale shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided through the service or on the Internet generally. eYardsale does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

You understand further that the pure nature of the Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. eYardsale has no control over and accepts no responsibility whatsoever for such materials.

Use of the Site

You understand that, except for information, products or services clearly identified as being supplied by eYardsale does not operate, control or endorse any information, products or services on the Internet in any way.

Except for eYardsale identified information, products or services, all information, products and services offered through the site or on the Internet generally are offered by third parties, that are not affiliated with eYardsale. You also understand that eYardsale cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

You may report listings that you believe violate the user agreements at any time by using the "report ad to eYardsale” link contained in each posting.

Spam

eYardsale and our users do not tolerate spam. Therefore you are not licensed to add a eYardsale user - even a user who has purchased an item from you - to your mail list (email or physical mail) without their express consent.