Seller's Acceptable Use Policy | GarageSaleDirections.com

Our Acceptable Use Policy

Please read carefully, clicking "I Agree" denotes your agreement to be bound by the terms of this policy.

WEB GARAGE SALES, L.L.C.
TERMS OF USE

1.	PURPOSE

These Terms of Use define the conditions under which Web Garage Sales, L.L.C., a Virginia limited liability company (“WGS”), makes its website available to users and the conditions under which users may have access to and use this website. All connections to this website are subject to compliance with these Terms of Use.

These Terms of Use constitute a legally binding agreement made by and between WGS and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you” or “your”).  These Terms of Use govern your use of this website so please read them carefully.  BY ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.  IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE.

Internet technology and applicable laws, rules and regulations change frequently.  Accordingly, we reserve the right to make changes to these Terms of Use and/or our Privacy Policy at any time. Your continued use of this website constitutes assent to any new or modified provision of these Terms of Use and/or our Privacy Policy that may be posted on the website.

2.	ACCESS TO THIS WEBSITE

Except as expressly provided below, this website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. You must comply with all of the terms and conditions of these Terms of Use, the policies referred to below, and all applicable laws, regulations and rules when you use this website.

We use the means that we believe are reasonable to provide access to this website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of WGS, and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the website service and equipment.  WGS will not be liable for any failure or deficiency in the performance of this website by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to WGS, fire, terrorism, natural disaster or war.

WGS grants users who accept these Terms of Use the right to connect one or more workstations to its website.  Access to the website is by means of the user's computer, connected to a telecommunications network allowing access to this website. The communication protocols used are those currently used by the Internet network. The rights of access to and use of this website are non-exclusive and non-transferable.

3.	SERVICES AND FEES

This website may offer opportunities for you to post content in the form of text and pictures (“Posting”) that may be made available to the public.  When you make a Posting to the website or use any other website services (“Site Features”), you will be subject to any additional guidelines or rules applicable to such Site Features.  Any such additional guidelines or rules are hereby incorporated in these Terms of Use by reference.

When you use certain Site Features, you may be required to register and provide certain information, including your name, email address and other required information, including bank or credit card information.  For verification purposes, WGS may require a One dollar ($1.00) charge to a valid credit card.  This minimal credit card charge will trigger a credit card validation process.  WGS will use the credit card validation process to ensure that the address provided by the website user is the same address that is associated with the credit card the website user provides to WGS.

We do charge fees for posting content on our website and using certain Site Features.  When you post content on our website or use other Site Features that have a fee you will have an opportunity to review and accept the fees that you will be charged based on our Fee Schedule (found on the Web site where any fee may be charged) which may change from time to time.  Changes to our Fee Schedule are effective after we post them on the website.  We may choose to temporarily change the fees for our services for promotional events (for example, free posting days) or new Site Features, and such changes are effective when we post the temporary promotional event or new Site Features on the website.  Unless otherwise stated, all fees are quoted in U.S. Dollars.  You are responsible for paying all fees and applicable taxes associated with the services in a timely manner with a valid payment method.  If your payment method fails or is past due, we may collect fees owed using other collection methods, including retaining collection agencies and legal counsel, and you agree to reimburse us for the any expense associated with such collection methods.

4.	INTELLECTUAL PROPERTY RIGHTS

The contents of this website (including, but not limited to, data, information, design, text, graphics, illustrations, audio clips, video clips, other files, and the selection, arrangement and organization thereof) are owned by WGS, its licensors or other entities and are protected by copyright and other intellectual property rights. The elements presented on this website are liable to modification without notice and are made available without any kind of guarantee, whether express or tacit, and cannot give rise to any rights to compensation. The information and images contained on this website are protected by copyright.

Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited, non-exclusive right to use the content and materials on this website in the normal course of your use of the website. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. WGS will retain ownership of its intellectual property rights and you do not obtain any rights therein by virtue of these Terms of Use or otherwise, except as expressly set forth in these Terms of Use.

None of the contents of this website may be copied, reproduced, published, downloaded, posted, transmitted or distributed in any manner, except in the case of a simple recording of documents on your personal computer for your own use and without any commercial purpose. In this case, you should ensure that the indications of ownership are kept intact.  Modification of the contents or their use with another aim constitutes an infringement of our property rights. It is forbidden to use these contents on another website or in a computer network environment.

Trademarks, service marks, trade names, product names, logos, designs, titles, and words or phrases used on this website, including, without limitation, the mark “Web Garage Sales” and related design marks are owned by WGS, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of WGS.  All other trademarks, trade names and the like that appear on this website are the property of their respective owners.  You may not use any of these trademarks, trade dress, or trade names without express permission.

5.	PROHIBITED CONDUCT

In using this website, you agree that you will not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of this website or any websites linked to it; (iii) interfere with or damage this website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) WGS or create or use a false identity; (v) attempt to obtain unauthorized access to this website or portions thereof that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to this website; (viii) use any meta tags or any other “hidden text” utilizing the WGS name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by WGS; (x) engage in any activity that interferes with any third party’s ability to use or enjoy this website; or (xi) assist any third party in engaging in any activity prohibited by these Terms of Use.

6.	SITE POSTINGS

6.1	Acknowledgments

If you submit any messages, notes, e-mails, descriptions, pictures or other Postings, you are acknowledging that any such Posting (i) is not confidential or proprietary to you or any other person or entity, and does not create any confidential, fiduciary, contractually implied or other relationship between you and WGS or its agents and representatives other than as expressly set forth in this Agreement and (ii) may be used by WGS for any purpose, including for promotional or advertising purposes, in accordance with our Privacy Policy.

You are prohibited from submitting any Posting that: (i) restricts or inhibits any other user from using and enjoying our Sites; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or (viii) constitutes or contains false or misleading statements of fact.

You understand that when using the website, you will be exposed to Postings from a variety of sources, and that WGS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Postings. You further understand and acknowledge that you may be exposed to Postings that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WGS with respect thereto.  WGS is not responsible for any Posting to our website.  Although WGS may monitor and/or review any Posting, WGS is not obligated to do so and WGS assumes no liability or obligation with respect to any Posting.

You acknowledge that any Posting may be used by any third party, and WGS assumes no liability for such disclosures.  Without limiting the generality of the foregoing, in the event that you use the Site Features to exchange information with third parties, you acknowledge that WGS does not control or guarantee the legality, authenticity, accuracy or quality of any information posted by a third party on our website or the use by such third party of any such information.  You are solely responsible for your interactions with other users of the website and any content that you post.  WGS will not be liable for any damage or harm resulting from any content or your interactions with other users of the website.  WGS recommends that you use caution when exchanging information with any person that you interact with on this website.  WGS is not responsible for monitoring any exchange of information between you and any third party and you release us from claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with any exchange of information between you and any third party or any dispute you may have with any third party.  WGS recommends that you do not include any personally identifiable information as part of any Posting.

6.2	License

By submitting a Posting, you are granting WGS a perpetual, worldwide, royalty-free, non-exclusive, sublicenseable and irrevocable right and license to use, copy, reproduce, prepare derivative works based upon, distribute, perform and display such information in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with our Privacy Policy. Without limiting the generality of the foregoing, you agree that WGS may disclose in response to court orders or to law enforcement entities, edit or delete any Posting.  You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

You acknowledge that WGS does not pre-screen Postings, but that WGS and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Posting that is available via the website. By way of example and without limiting the foregoing, WGS and its designees may disable, restrict access to or the availability of, any Posting that (i) violates the terms of these Terms of Use; (ii) constitutes illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing, offensive, objectionable or otherwise inappropriate material; or (iii) is required to be reviewed, monitored, edited or deleted by any court order, or in any governmental, administrative or judicial proceeding. You must evaluate, and bear all risks associated with, the use of any Postings, including any reliance on the accuracy, completeness, or usefulness of such Postings.  WGS assumes no liability for use of any Posting by any third party.

6.3	Use of Posted Content

You may access Postings solely (i) for your information and personal use and (ii) as intended through the normal functionality of the website.

Postings are made available to you for your information and personal use solely as intended through the normal functionality of the website.  Postings are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the website or otherwise as prohibited under these Terms of Use.

7.	PASSWORD AND ACCOUNT SECURITY

7.1	Registration

You may create your own account on the website by completing the online registration process on the website, and must do so if you would like to make a Posting.  In doing so, you must provide us with accurate and complete registration information, and update it if this information changes.  It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into your website account using an old e-mail address, you will not be able to receive messages from us about your Posting or other matters.

7.2	Accounts and Passwords

Following registration, we will create an account for you and assign you, or allow you to select, a password.  You must keep your password confidential.  You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party.  You must notify us immediately if you believe your password may be used by any unauthorized person or entity.  For security purposes, we recommend you change your password often.  Under no circumstance should you respond to a request for your password.  Our employees will never ask for your password.  You must notify us immediately if you receive such a request.  We reserve the right to suspend or terminate your use of the website if we believe that your password is being used without permission or otherwise in a manner that may disrupt the website.

8.	HYPERLINKS

8.1 	Hyperlinks to this website

In order to respect the integrity of this website contents and avoid creating confusion amongst Internet users regarding the origin of the aforementioned contents, the following are forbidden:

•	Extended links which allow Internet users access to pages within this website without first passing through the Home Page of the website or through subsections of the website;
•	Inline links which allow the user to automatically see this website contents at a specific location;
•	Framing links, which enable a page from this website to appear in a frame within the page of the website visited by the user.

The following are permitted:

•	Simple links to the Home Page of this website;
•	Simple links to the home page of the various subsections of this website.

In any event, links from websites containing immoral, violent, pornographic or pedophilic material, websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit, are strictly forbidden.

Under no circumstances shall a hyperlink to this website from the website of a third party imply co-operation between WGS and such third-party website. WGS has no control over third-party websites and therefore assumes no responsibility with respect to contents, products, services, information, hardware or software of websites containing a hyperlink to this website.

8.2 	Hyperlinks to third-party websites

This website may contain links to the websites of WGS partners or to the websites of third party companies.

WGS has no control over these websites and therefore assumes no responsibility with respect to the availability of these websites, their content, advertising material, and the products or services available at or through these websites.  WGS accepts no liability for any direct or indirect damage that may result from a user's visit to the partner or third-party websites, or from the use of the contents and services of theses websites by the user.

9.	PRIVACY POLICY

You agree to the terms of the Web Garage Sale, L.L.C. Privacy Policy [found under the “about US” section of this site], which is incorporated by reference into these Terms of Use.

10. 	REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION

You represent and warrant to WGS that: (i) you have the full power and authority to enter into and perform your obligations under these Terms of Use; (ii) your assent to and performance of your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) you are age 18 or over, able to form a legally binding contract, and these Terms of Use constitute legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of WGS or any third party in your use of the website; and (v) you will comply with all applicable laws, rules and regulations in your use of the website, including these Terms of Use.

You agree to indemnify and hold WGS and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties:  (i) alleging facts or circumstances that would constitute a breach by you of any provision of these Terms of Use or (ii) arising from, related to, or connected with your use of this website.  If you are obligated to provide indemnification pursuant to this provision, WGS may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense.  Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of WGS.

11.	DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

11.1	Disclaimer Of Warranties

WGS PROVIDES THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WGS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE WITH OTHER HARDWARE OR SOFTWARE YOU USE.  WGS HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

WGS reserves the right to modify or correct the contents of its website at any time, without notice. WGS shall not be liable in the event of contamination of your computer equipment as a result of virus propagation or other computer “infections.”  You are responsible for taking all appropriate measures to protect your own data and software from contamination by any viruses circulating via the Internet.

11.2	Exclusion Of Damages

UNDER NO CIRCUMSTANCES SHALL WGS, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THIS WEBSITE OR INFORMATION OBTAINED FROM THIS WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, WHETHER BASED ON CONTRACTUAL LIABILITY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11.3	Limitation Of Liability

IN NO EVENT WILL THE LIABILITY OF WGS ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TERMS OF USE OR THE WEBSITE EXCEED U.S. $1,000.

12.  	TERMINATION

WGS may, in its sole discretion and without any liability change, modify, suspend, make improvements to or discontinue any aspect of the website, temporarily, or permanently, at any time without prior notice.

13.  	JURISDICTION AND APPLICABLE LAW

This Agreement shall be governed, construed and applied in all respects by the laws of the State of Virginia, without regard to any provision governing conflicts of law.  Any dispute arising out of, relating to, or connected with these Terms of Use or your use of the website shall be brought before the federal or state courts located in Virginia.  The use of this website implies your express consent to the personal jurisdiction and venue of such courts.

14.  	WAIVER OF CLASS ACTION RIGHTS; LIMITATION OF ACTIONS

By entering into Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device.  Any claims arising out of, relating to, or connected with these Terms of Use or your use of the website must be asserted individually.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with these Terms of Use or your use of the website must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

15.	CORRESPONDENCE WITH WGS

To correspond with WGS by e-mail, Internet users must fill in the electronic correspondence forms proposed on this website. Our replies to e-mails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies.  Correspondence from WGS to you shall be sent to you at the address provided by you.

16.  	ENTIRE AGREEMENT; SEVERABILITY

These Terms of Use and our Privacy Policy constitute the entire agreement between the parties with respect to the use of the WGS website, superseding all prior or contemporaneous oral or written agreements or understanding with respect to such subject matter.  Except as expressly provided in these Terms of Use, no alteration, amendments or additions hereto shall be binding unless reduced in writing and signed by each party.  If any provision of these Terms of Use is held to be unenforceable or invalid in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provision shall be given full force and effect.

17.  	OTHER PROVISIONS

WGS’ failure to insist upon or enforce strict performance of any provision of these Terms of Use 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 these Terms of Use. WGS may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

18. 	REQUESTS AND ADDRESS

Please send any notices or requests by care of email to:

info@garagesaledirections.com

or to our mailing address:

Web Garage Sales, L.L.C.
25050 Riding Plaza
Suite 130-140
South Riding, VA 20152