Table of Contents
1.0 Agreement
Welcome to the YardSaleSupplies.com
website ("Website", "Service", "Services") owned and operated by ProtoQuest, Inc.
with corporate headquarters at 1812 Chapel Hill Road, Silver Spring, Maryland,
20906-1113.
Please
read this Terms of Use Agreement ("Terms", "Agreement") carefully before continuing
your use of this Website. This Agreement is between you and ProtoQuest, Inc.
("Us", "We"). BY USING, BROWSING, ACCESSING, REGISTERING WITH, OR PURCHASING
FROM THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT,
WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS
TERMS OF USE AGREEMENT. If you do not agree to these Terms, or any subsequent
modifications, you must discontinue your use of any and all of our services.
If you are representing a corporation, limited liability company, partnership,
trust or business entity of any type, you represent that you have the authority
to bind such entity when you use, browse, access, register with, or purchase
from the YardSaleSupplies.com website.
These
Terms apply to the YardSaleSupplies.com website and to the products, services,
resources, information, content and materials provided on it. Because these
Terms form a binding agreement between you and ProtoQuest, Inc., We encourage
you to print them out for your records. The failure of ProtoQuest, Inc. to insist
upon or enforce strict performance of any provision of these Terms, for whatever
reason, shall not be construed as a waiver of any provision or right to do so
at any time. ProtoQuest, Inc. may assign its rights and duties under this Agreement
to any party at any time without notice to you.
In
order to use the YardSaleSupplies.com Service, you must obtain access to the
World Wide Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you must
provide and maintain all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
The
provisions and conditions of these Terms and any notices incorporated herein
by reference represent the entire Agreement between ProtoQuest, Inc., and you,
and supersede any prior agreements or understandings not incorporated in these
Terms. In the event that any inconsistencies exist between these Terms and any
future published Terms of Use, the last published Terms of Use shall prevail.
We
reserve the right to modify, alter, update, or remove portions of these Terms
at any time, so please check these Terms from time to time. ProtoQuest, Inc.
does not and will not assume any obligation to notify you of any changes to
the Terms of Use. Your continued use of the YardSaleSupplies.com website shall
constitute your consent to any changed Terms. If you do not agree with our Terms,
your sole remedy is to discontinue your use of the Website.
ProtoQuest, Inc.
reserves the right, in its sole discretion, to modify, suspend or discontinue
any part of the YardSaleSupplies.com website at any time, with or without notice
to you. ProtoQuest, Inc. shall not be liable to you or any third party for any
claim or cause of action arising out of ProtoQuest, Inc.'s modification, suspension
or discontinuance of any part of the YardSaleSupplies.com website.
The
section titles used in this Terms of Use Agreement are for convenience only
and in no way define, limit, construe or describe the scope or extent of such
section.
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2.0 Minors
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. We strongly
encourage all parents and guardians to monitor their children's Internet use.
Use of the Website by any user shall be deemed to be a representation that the
user is 18 years of age or older.
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3.0 Indemnity
You
agree to indemnify, defend, and hold harmless ProtoQuest, Inc. and our subsidiaries,
affiliates, officers, directors, agents, employees, licensors, distributors,
contractors, suppliers, successors and assigns from and against any and all
claims, actions, losses, liabilities, judgments, related fees and expenses,
demands and damages (including without limitation reasonable attorneys' fees),
made by any third party due to or arising out of or related to your use of the
products or services of the YardSaleSupplies.com website or your violation of
these Terms or the documents it incorporates by reference, or for any content
that is provided by you (or through your User I.D. and/or Password), or your
violation of any law or the rights of a third party, including without limitation
the infringement, by you or any other user of your account, of any intellectual
property or other right of any person or entity.
If
you are a California resident, you waive California 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."
ProtoQuest, Inc. may, at its sole discretion, assume the exclusive defense and control of
any matter subject to indemnification by you. You agree to cooperate with us
in such an event. The assumption of such defense or control by ProtoQuest, Inc.,
however, shall not excuse any of your indemnity obligations.
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4.0 Warranty Disclaimer
THE
PRODUCTS, SERVICES, SOFTWARE, CONTENT, AND MATERIALS THAT YOU ACCESS ON THIS
WEBSITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS AND IS SOLELY
FOR YOUR CONVENIENCE AND INFORMATION ONLY.
PROTOQUEST, INC. MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES, EXPRESS, IMPLIED,
OR STATUTORY, OF ANY KIND WITH RESPECT TO THIS WEBSITE, ITS OPERATION, OR CONTENT.
PROTOQUEST, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
ACCURACY, COMPLETENESS, CURRENTNESS, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PROTOQUEST, INC. EXPRESSLY DISCLAIMS
ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED
THROUGH THIS WEBSITE WILL BE MAINTAINED.
YOU
ACKNOWLEDGE THAT PROTOQUEST, INC. DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS WEBSITE AND
THAT PROTOQUEST, INC. AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO
WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY
OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD
PARTIES THROUGH THIS WEBSITE.
ANY INFORMATION, OPINIONS, ADVICE, PRODUCTS, SERVICES OR OTHER MATERIALS RECEIVED FROM
OR THROUGH THE USE OF THE YARDSALESUPPLIES.COM WEBSITE SHOULD NOT BE RELIED UPON WHEN
MAKING PERSONAL, LEGAL, BUSINESS, FINANCIAL OR OTHER DECISIONS AND IS PROVIDED ON A
BLIND-BASIS, WITHOUT ANY KNOWLEDGE AS TO YOUR INDUSTRY, IDENTITY OR SPECIFIC
CIRCUMSTANCES. SUCH INFORMATION IS NOT INTENDED TO REPLACE THE ADVICE OF APPROPRIATE
AND QUALIFIED PROFESSIONALS. YOU ACKNOWLEDGE THAT PROVIDING SUCH INFORMATION DOES
NOT CONSTITUTE THE RENDERING OF LEGAL, ACCOUNTING, TAX, OR OTHER PROFESSIONAL ADVICE
OR SERVICES AND THAT YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY PROTOQUEST, INC.
OR ITS WEBSITES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS,
MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
YOU EXPRESSLY AGREE THAT
USE OF THE YARDSALESUPPLIES.COM WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE
DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR
SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ALSO UNDERSTAND
AND AGREE THAT 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 SERVICE FOR THE
RECONSTRUCTION OF ANY LOST DATA.
NEITHER
PROTOQUEST, INC., ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR
ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE
MAKE ANY WARRANTY AS TO THE QUALITY, ACCURACY, DEPENDABILITY, CONDITION, SUITABILITY,
COMPLETENESS, RELIABILITY, CURRENTNESS, VALIDITY, OR OTHERWISE OF ANY INFORMATION
CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE,
AND NO WARRANTY THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED,
ERROR-FREE, TIMELY, SECURE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT
THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES. WORMS,
TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES
OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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5.0 Limitation of Liability
YOU EXPRESSLY AGREE THAT
USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT IN
NO EVENT SHALL PROTOQUEST, INC.'S LIABILITY TO YOU, WITH RESPECT TO ANY PRODUCT
OR SERVICE OBTAINED FROM THIS WEBSITE, EXCEED THE PRICE OF THE PRODUCT OR SERVICE
ORDERED. IN NO EVENT SHALL PROTOQUEST, INC., ITS SUBSIDIARIES, DIVISIONS, LICENSORS,
AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, DISTRIBUTORS, AFFILIATES, SUCCESSORS OR ASSIGNS, OR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING YARDSALESUPPLIES.COM
OR RELATED SERVICES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND OR NATURE (INCLUDING, BUT
NOT LIMITED TO (i) DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE, AND (ii) ANY CLAIM ATTRIBUTABLE TO
ERROR, OMISSION, FAILURE OF PERFORMANCE, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, DISCLOSURE OF INFORMATION,
NONDELIVERIES OR MISDELIVERIES OF CONTENT OR EMAIL, UNAUTHORIZED ACCESS TO OR
ALTERATION OF MEMBER INFORMATION, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION,
OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE, OR OTHER INACCURACIES
IN THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECTORY OR EVENT LISTINGS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE) ARISING OUT OF THE USE OF, ATTEMPTED
USE OF, INABILITY TO USE, OR IN CONNECTION WITH THE YARDSALESUPPLIES.COM WEBSITE,
SERVICES, PRODUCTS, TRANSACTIONS, CONTENT, DOWNLOADED INFORMATION OR SOFTWARE,
MATERIALS, THIS AGREEMENT, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE REGARDLESS
OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHER LEGAL BASIS, UNDER ANY THEORY OF LAW OR EQUITY, EVEN IF PROTOQUEST, INC.
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. PROTOQUEST, INC. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES
SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR
USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT
THE DELIVERY OF PRODUCTS AND SERVICES ORDERED THROUGH THIS WEBSITE CANNOT BE
GUARANTEED AND THAT, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE LAW, PROTOQUEST, INC.
WILL HAVE NO LIABILITY FOR OR IN CONNECTION WITH ORDERS THAT ARE DELAYED
OR REJECTED. YOUR USE OF THIS WEBSITE CONFIRMS YOUR AGREEMENT TO ASSUME ANY
AND ALL RISK ASSOCIATED WITH ITS CONTENT AND YOUR RECEIPT AND USE OF ANY SERVICES
OR PRODUCTS OBTAINED THEREFROM, AS WELL AS ANY HARM OR EFFECT ON COMPUTER HARDWARE
OR SOFTWARE. YOU (AND NOT PROTOQUEST, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU AGREE THAT PROTOQUEST, INC.
DOES NOT ENDORSE THE SUBJECT MATTER OF ANY OF ITS LISTS OR ANY OF THE CONTENTS
OF COMMUNICATIONS TRANSMITTED THROUGH ITS YARDSALESUPPLIES.COM WEBSITE. YOU
ALSO AGREE THAT PROTOQUEST, INC. SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU,
OR TO ANYONE, FOR THE STATEMENTS OF ANY OTHER REGISTERED MEMBER(S) OR THIRD
PARTY ON OR ARISING FROM USE OF THE YARDSALESUPPLIES.COM WEBSITE. IF YOU ARE
DISSATISFIED WITH THE YARDSALESUPPLIES.COM WEBSITE, YOUR EXCLUSIVE REMEDY IS
TO DISCONTINUE YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS
OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION
OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, THIS WEBSITE
AND OTHER CONTENT AND MATERIALS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH
JURISDICTIONS, PROTOQUEST, INC.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
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6.0 Information Control
You
acknowledge that We do not pre-screen content, but that We shall have the right
(but not the obligation) in Our sole discretion to refuse, delete, edit, or
move any content that is available via the Service. Without limiting the foregoing,
We shall have the right to reject or remove any content that violates this Agreement
or is otherwise objectionable. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution and common sense when
using our Website. Please note that there are also risks of dealing with foreign
nationals, underage persons or people acting under false pretense.
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7.0 Privacy
ProtoQuest, Inc. is dedicated
to building trust in the Internet by disclosing its information use and collection
practices. Your use of the YardSaleSupplies.com website is subject to the terms
of our current Privacy Policy available at http://www.YardSaleSupplies.com/AboutUs/privacy-policy.php
and is incorporated herein by reference.
We
reserve the right to provide summarized user information for the information
of management, investors, or potential advertisers. ProtoQuest, Inc. may maintain
databases of user information and transaction records of all contacts with users.
All data maintained is the exclusive property of ProtoQuest, Inc.
Third-party
websites linked to the YardSaleSupplies.com website do not fall under the terms
of our Privacy Policy. You should refer to those sites' own privacy policies
to learn how they collect and use information about you. In addition, by using
the YardSaleSupplies.com website, you acknowledge and agree that ProtoQuest, Inc.
may preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (i) comply with any applicable law, regulation, legal process,
or government request; (ii) enforce these Terms Of Use; (iii) respond to claims
that any Content violates the rights of third-parties; (iv) protect the rights,
property, or personal safety of ProtoQuest, Inc., its users, the public, and
others; or (v) comply with any other provision in these Terms.
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8.0 Cookies
"Cookies"
are small encrypted data files that may be written to your hard drive once you
have accessed a website. ProtoQuest, Inc. reserves the right use cookies to
enhance your shopping experience at the YardSaleSupplies.com website. To learn
more about how We protect customer information, please review our Privacy Policy.
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9.0 Notices
Except as explicitly stated
otherwise, any notices shall be given by postal mail to ProtoQuest, Inc. Attn:
Legal Department 1812 Chapel Hill Road, Silver Spring, MD,
20906-1113 (in the case of ProtoQuest, Inc.) or
to the email address(es) you have provided to ProtoQuest, Inc. during the YardSaleSupplies.com
registration process or any subsequent updates to your user information (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(es) provided to ProtoQuest, Inc. during the YardSaleSupplies.com
registration process or any subsequent updates to your user information. In
such case, notice shall be deemed given 3 days after the date of mailing.
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10.0 Severability
You
agree that if any provision of these Terms is held by a court of competent jurisdiction
to be invalid, unlawful, void, or unenforceable in any jurisdiction, then such
provision shall be deemed severable from these Terms in that jurisdiction, and
the remainder of these Terms shall continue in full force and effect. The unenforceability
of any provision in a given jurisdiction shall not make that provision unenforceable
in any other jurisdiction.
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11.0 Intellectual Property
11.1 Copyright
All
content and pages in this Website © 2000-2009 ProtoQuest, Inc. All Rights Reserved.
All
of the material published by ProtoQuest, Inc. on and off the YardSaleSupplies.com
website, including but not limited to articles, text, sale tips, photos, designs,
images, logos, graphics, trade dress, sign and label previews, sign and label
examples, Website software, database contents, bulletin board postings and other
material, as well as the selection, compilation, arrangement and presentation
of such material, and the overall design of the YardSaleSupplies.com website
is owned by ProtoQuest, Inc., or by other information providers who have licensed
their material to ProtoQuest, Inc. for use on this Website and is protected
from unauthorized copying and dissemination by U.S. and international laws and
treaties. Nothing contained in this Website shall be construed as conferring
any, title, license, or right, expressly, by implication, by estoppel or otherwise,
under any of our intellectual property rights, or under any third party's intellectual
property rights through the use of framing or otherwise, except: (i) as expressly
permitted by these Terms and conditions; or (ii) with the prior written permission
of ProtoQuest, Inc. or such third party that may own the trademark or copyright
of information displayed on this Website. You agree that you will cooperate
promptly and completely with any reasonable request by ProtoQuest, Inc. related
to an investigation of infringement of copyright or other proprietary right.
PERMISSIONS
ProtoQuest, Inc. grants you a limited, non-transferable, non-sublicenseable, and non-exclusive
right and license to make personal non-commercial use only of the YardSaleSupplies.com
website by making a single electronic copy on your computer's hard drive, a
single copy on a diskette or a single copy in printed form. Permission is granted
to display, copy, distribute and download the materials on the YardSaleSupplies.com
website for personal, non-commercial and informational use only, provided that
you may not, without the permission of ProtoQuest, Inc. or the respective copyright
owner, (i) copy, publish or post any materials on any computer network or broadcast
or publications media, (ii) modify the materials or (iii) remove or alter any
copyright or other proprietary notices contained in the materials. Any other
copying, redistribution, retransmission, display or publication of any downloaded
information is strictly prohibited without the express written consent of ProtoQuest, Inc. Please note that the permission granted herein terminates automatically
if you breach any of these Terms or conditions.
Except
as expressly provided herein, you agree that you will not use, copy, download,
reproduce, print, republish, perform, alter, modify, create derivative works,
frame, license, sub-license, post, transmit, distribute, commercially exploit,
lease, rent, loan, resell, or publicly display any material from our Website
in any form or by any means in whole or in part without the prior express written
permission of ProtoQuest, Inc. or the appropriate third party. You also agree
that you will not store or archive a significant portion of the content or create
a database using the content. You may use Third Party Content only as expressly
authorized by the applicable owner.
You are not allowed to make
copies of our sign or label examples, our sign or label previews, or the actual
signs and labels We print for any purpose other than obtaining a single copy
of an order you place with the Website. We reserve the right to refuse to print
a sign or label without reason.
DESIGNATED COPYRIGHT AGENT/COPYRIGHT INFRINGEMENT
It
is ProtoQuest, Inc.'s policy to respect the intellectual property of others
and may, at its sole discretion, remove any content that appears to infringe
the copyright or other intellectual property rights of others, and/or terminate
the accounts of users who appear to infringe the intellectual property rights
of others.
If
you believe that any material on this Website infringes on any copyright which
you own or control, or that any link on this Website directs you to another
website that contains material that infringes on any copyright which you own
or control, you may file a notification of such infringement with us to request
that the material removed or otherwise blocked from access. To notify ProtoQuest, Inc. of copyright infringement, you must send written notification to ProtoQuest, Inc.'s
Designated Copyright Agent (as defined below), and include all of the
following:
-
A clear statement identifying the work, or other material believed to be infringed,
or if multiple copyrighted works or materials at a single online site are covered
by a single notification, a representative list of such works at that site;
-
Reasonably sufficient information about the location of the allegedly infringing
material so that We may locate it on the Website.
-
Your name, address, telephone number, and if available, an e-mail address at which you may be contacted.
-
A statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent or the law.
-
A statement by you, under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
-
A physical signature from the copyright owner or authorized representative.
The
written notification must be submitted to the following Designated Copyright Agent
for ProtoQuest, Inc.:
Name:
Neil MacAnanny, Designated Copyright Agent
Mail: 1812 Chapel Hill Road
Silver Spring, MD 20906-1113
E-mail: customerservice@protoquest.com
Phone: 301-438-9273.
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11.2 Trademark Notices
PROTOQUEST, INC.,
YARDSALESUPPLIES.COM, the YardSaleSupplies.com logo,
HELPING YOU HAVE THE MOST ORGANIZED AND STRESS-FREE SALE EVER, TRANSFORMING IDEAS INTO REALITY, the die cut pattern
on our label sheets, and the products and services described on this Website
are trademarks and/or service marks of ProtoQuest, Inc. and/or its licensors
and its suppliers in the United States and/or other foreign countries, and may
not be copied, imitated or used, in whole or in part, without the prior written
permission of ProtoQuest, Inc. In addition, all page headers, custom graphics,
button icons and scripts are service marks, trademarks and/or trade dress of
ProtoQuest, Inc., and may not be copied, imitated or used, in whole or in part,
without the prior written permission of ProtoQuest, Inc. All other company,
product or service names and logos referenced in this Website are used for identification
purposes only and may be the trademarks or service marks of their respective
owners. Nothing on this Website should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademark displayed
on this Website, without the written permission of the trademark owner. Any
rights not expressly granted herein are reserved by ProtoQuest, Inc.
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12.0 Linking to Us
You are granted a limited,
nonexclusive right to create a hyperlink to this Website provided such link
does not portray ProtoQuest, Inc., or any of its products and services in a
false, misleading, derogatory or otherwise defamatory manner. You may not use
a ProtoQuest, Inc. or YardSaleSupplies.com logo or other proprietary graphic
or trademark of ProtoQuest, Inc. to link to this Website without the express
written permission of ProtoQuest, Inc. Contact customerservice@protoquest.com
to obtain written permission to use ProtoQuest, Inc.'s proprietary graphic images
on your site. This limited right may be revoked at any time.
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13.0 Links to Third-Party Sites
This
Website contains links to other websites. You acknowledge and agree that ProtoQuest, Inc. is not responsible for the content of any sites that may be linked to or
from the YardSaleSupplies.com website or any changes or updates to such sites,
or any associated bulletin board or forum. These links are provided for your
convenience only and you access them at your own risk. The material available
on these sites has been produced by independent providers that are not affiliated
with ProtoQuest, Inc. Any opinions or recommendations expressed are solely those
of the independent providers and are not the opinions or recommendations of
ProtoQuest, Inc. We make no representation, claim, or warranty as to the accuracy,
quality, nature, content, reliability, value, integrity, validity, legality,
copyright compliance, decency, completeness or authenticity of the information
or opinions contained in any such linked website or website that links to the
YardSaleSupplies.com website. These links may lead to sites or links that contain
offensive and objectionable content or which may contain dangerous computer
viruses. You acknowledge and agree that ProtoQuest, Inc. 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 the use of or reliance on any content,
goods or services available on or through any linked site. The inclusion of
any link does not imply endorsement by ProtoQuest, Inc. of the linked site or
the products or services contained in it, or any association or affiliation
with their operators. Your access to these linked sites is governed by the terms
of use and policies of those sites, not this Website.
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14.0 Member Account, Password, and Security
A
person who registers with the YardSaleSupplies.com website is called a "Member".
Use of certain features of the YardSaleSupplies.com website may require you
to register as a Member and obtain a password. In return for our enabling you
to use the Website, you agree to: (a) provide true, accurate, current and complete
information about yourself when necessary or as prompted by the Website's registration
form (such information being the "Member Information") and (b) maintain
and promptly update the Member Information to keep it true, accurate, current
and complete. Without limiting other remedies, if you provide any information
that is untrue, inaccurate, not current or incomplete, or We have reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, We have the right to suspend or terminate your account and refuse
any and all current or future use of the YardSaleSupplies.com website (or any
portion thereof). ProtoQuest, Inc. reserves the right to deny in its sole discretion
any user access to the YardSaleSupplies.com website or any portion thereof without
notice. ProtoQuest, Inc. further reserves the right to prohibit, remove or edit
in its sole discretion any content provided or submitted by any user of the
YardSaleSupplies.com website.
As
part of the registration process, you will select a User ID and We will assign
an initial random Password to you. Once selected, the User ID is not editable,
however, you may change your Password once you login with it and edit your member
information by clicking on the Edit Your Information link in the MEMBERS area of
the Website. This link will only be visible while you are logged into the Website.
We strongly suggest that you choose a Password with both numbers and letters
in both lower and upper cases and that you change your password frequently.
Do not use words or information that someone could easily find out about you
including but not limited to your phone number, license plate number, address,
pet name, etc. As a security precaution, you may be automatically logged out
after a period of inactivity on the YardSaleSupplies.com website. You may select
this auto-logout time period in the Edit Your Information area. The selection of
this auto-logout time period is for your convenience only. You are solely responsible
for ensuring that you exit from your account at the end of each session and
for keeping your Password confidential and are fully responsible for any and
all activities that occur under your Password or account. You agree that you
will not assign, lend, disclose or make available your User ID, Password or
accounts to any other person or entity, nor will you use the Password or account
of any other member. You further agree that your User ID and Password(s) are
the property of ProtoQuest, Inc. and to immediately notify ProtoQuest, Inc.
when you know of any unauthorized use of your Password, account, listing created
under your account, or any other breach of security. ProtoQuest, Inc. cannot
and will not be liable for any loss or damage arising from your failure to comply
with this Section.
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15.0 Applicable Law
ProtoQuest, Inc. controls and operates the YardSaleSupplies.com website from its offices
located within the United States. ProtoQuest, Inc. makes no representations
that the content and materials on the Website are legal or appropriate for use
from outside the United States. If you choose to access the Website from other
locations, you do so at your own risk and are responsible for compliance with
any and all local laws. You may not use the Website in violation of U.S. export
laws and regulations.
This
Agreement and any sale(s) resulting from it shall be governed in all respects
by the laws of the State of Maryland as such laws are applied to agreements
entered into and to be performed entirely within Maryland between Maryland residents.
You hereby irrevocably and unconditionally agree to consent and submit to the
personal and exclusive jurisdiction of the courts located within the county
of Montgomery, Maryland over any suit, action or proceeding arising out of these
Terms and conditions. You agree that any claim or cause of action arising out
of your use of the YardSaleSupplies.com website or this Terms Of Use Agreement
must be filed within one year after such claim or cause of action arose or it
shall be forever barred, notwithstanding any statute of limitations or other
law to the contrary.
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16.0 Submitted Information
We
gladly welcome any feedback or other material you submit to ProtoQuest, Inc.
You agree, however, to grant to ProtoQuest, Inc. and its successors and assigns
a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with
the right to sublicense (through multiple tiers), to reproduce, distribute,
transmit, create derivative works of, and publicly display any material, including
but not limited to comments, ideas, concepts, know-how, techniques, notes, messages,
suggestions, questions, ideas, plans, notes, directory listings, drawings, original
or creative materials, and other materials or information such as ideas contained
therein for new or improved products and services ("Material", "Materials")
you provide to Us (such as through posting to public areas, mailing or e-mailing
to ProtoQuest, Inc., etc.) by all means and in any media now known or hereafter
developed. You also represent and warrant that (i) you have all right, title and
interest in, or otherwise have the right to publicly display all Materials that you
provide to Us; (ii) such Material does not infringe, or dilute any third party right;
(iii) and such provided Materials and information are non-confidential and non-proprietary.
You further agree to release, indemnify, and defend ProtoQuest, Inc. and its
suppliers from any claims of alleged or actual infringement, or misappropriation
of any proprietary rights that may result from such implementation or use of
such Material. You also agree to grant to ProtoQuest, Inc. the right to use
your name in connection with the submitted Material as well as in connection
with all advertising, marketing and promotional material related thereto. No
compensation will be paid or due you with respect to ProtoQuest, Inc.'s or its
sublicensee's use of the Materials as licensed above.
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17.0 User Conduct
In
exchange for your use of the Website, you agree to: (i) provide the Website
with current, complete and accurate information about yourself ("Registration
Data"), and (ii) maintain and update your Registration Data as necessary
to ensure that it remains current, complete and accurate. You further agree
and acknowledge that you are solely responsible and liable for all activities
conducted by you in relation to the YardSaleSupplies.com Service, and for any
communications transmitted under your account and hereby agree to release, indemnify,
defend, and save harmless ProtoQuest, Inc. and its suppliers from any claims
arising out of or having to do with any activity conducted by you in relation
to the YardSaleSupplies.com Service.
PROHIBITED CONDUCT
As
a condition to your use of this Website, you warrant to ProtoQuest, Inc. that
you will not:
-
Intentionally or unintentionally violate any applicable local, state, national
or international law, regulation, statute, or ordinance including, but not limited
to any regulations having the force of law while using or accessing the Website
or in connection with your use of the Website, in any manner;
-
Use our Website for any purpose that is unlawful or prohibited by these Terms,
including but not limited to the posting or transmitting of any unlawful, harassing,
tortuous, abusive, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
embarrassing, pornographic, vulgar, racially or ethnically hateful or otherwise
objectionable material; or material that you do not have a right to transmit
under any law or under contractual or fiduciary relationships (including but
not limited to inside information, trade secrets, proprietary, and other confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements); or material which infringes or violates any third
party's copyright, trademark, privacy, or other proprietary or property right;
-
Systematically extract, compile, collect or harvest, through electronic means
or otherwise, any data or data fields, including without limitation, lists,
tips, User IDs, or email addresses, from this Website;
-
Spam the users of this Website by sending Unsolicited Commercial Email (UCE);
-
Upload or disseminate any viruses or other harmful, disruptive or destructive
files; or any content containing nudity or pornographic material of any kind;
-
Disrupt or interfere with another person's use or enjoyment of the YardSaleSupplies.com Service;
-
Use or attempt to use another person's or entity's account;
-
Provide false information on your registration form or impersonate any person
or entity at any point or falsely state or otherwise misrepresent your affiliation
with any person or entity;
-
Post or transmit false, inappropriate, improper, disorderly or excessive messages or information;
-
Incorporate material obtained through the Website into a commercial product
or service or otherwise commercially exploit the contents or software of this
Website in any way;
-
Harm minors in any way;
-
Use any device, software or routine to interfere with or disrupt or attempt
to interfere with or disrupt the proper working of the Website, any transaction
being conducted on the Website, the security of the Website, or the servers
or networks that provide the YardSaleSupplies.com Service or any portion thereof;
-
Take any action that imposes an unreasonable or disproportionately large load
on our server(s) or infrastructure;
-
Attempt to obtain unauthorized access to the Website or portions of the Website
that are restricted from general access;
-
Frame any contents of the YardSaleSupplies.com website within another website;
-
Use any meta tags or any other "hidden text" utilizing a ProtoQuest, Inc. or YardSaleSupplies.com name, trademark or product name;
-
Use any robot, spider, software, automatic device, manual process or similar
data gathering and extraction methods to monitor, copy, or republish any portion
of the YardSaleSupplies.com website;
-
Change any design of an advertiser's banner; or
-
Have any adult or otherwise objectionable content in the sites that link to the Website.
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18.0 Termination
Without
limiting other remedies, you agree that ProtoQuest, Inc. may in its sole discretion
change, terminate, or bar access to your account, related services, or to any
information you have supplied to the YardSaleSupplies.com website for any reason
at any time, with or without cause, and with or without notice to you and without
any liability to you or any third party. Termination will prevent you from using
certain features of the YardSaleSupplies.com website.
In
the event that you are unsatisfied with the services provided by ProtoQuest, Inc. through the YardSaleSupplies.com website, your sole remedy is to terminate
this Agreement.
All
provisions in this Agreement regarding representations and warranties, indemnification,
disclaimers, proprietary rights, licenses you grant to ProtoQuest, Inc., and
limitations on liability shall survive any termination of this Agreement.
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19.0 Terms and Conditions of Sale
The
terms and conditions in this section apply to all purchases made by you through
the YardSaleSupplies.com website. By submitting a product order through our
Website, or by accepting delivery of products shipped by ProtoQuest, Inc., you
accept and agree to be bound by these terms and conditions. These terms and
conditions are subject to change at any time without notice, at ProtoQuest, Inc.'s
sole discretion, and the terms and conditions in effect at the time of
your purchase will bind you.
Prices, Specifications, and Availability.
Prices, specifications, and availability
of products are subject to change without notice.
Due
to the custom nature of many of our products, the prices advertised on this
Website are only for Internet orders where you enter all of the order information
and make payment using your credit card. Phone and mail orders (if accepted - see HOW TO ORDER below) may be subject
to a nominal order processing fee for manual data entry into our system. Our
ordering and production systems have been highly automated with proprietary
software to bring you the lowest possible prices when ordering through the internet.
Advertised prices do not include shipping, handling, or sales tax.
While
ProtoQuest, Inc. attempts to display all products shown on the YardSaleSupplies.com
website in an accurate manner, We are not responsible for any typographical,
photographic or specification errors in product, pricing or offers. Any such
error is subject to correction. Product images are shown for representational
purposes only. If We are unable to provide an actual product image, ProtoQuest, Inc.
reserves the right to use a similar product image. The actual color and
fonts of label and sign products do not appear exactly as shown on the YardSaleSupplies.com
website due to internet limitations, differences in monitor displays and settings,
differences in browser settings, and other factors.
Acceptance of Orders.
ProtoQuest, Inc. reserves the right at any time after receiving your
order to accept or decline your order for any reason. We also reserve the right
to limit quantities on any order. The receipt of an email order confirmation
is simply a recognition that We have received your requested order, and does
not constitute an offer to sell or acceptance of your order by ProtoQuest, Inc.
Shipment of and receipt of payment for goods ordered shall operate as ProtoQuest, Inc.'s
acceptance of your order with respect to those goods actually shipped.
Verification of customer information may be required on any or all orders prior
to acceptance.
Payment Terms.
We gladly accept
Visa and MasterCard through our payment processor, PayPal, for your payment. All payments must be in US Dollars, and
must be received by ProtoQuest, Inc. prior to our acceptance of any order. If
you make a purchase from this Website, your credit card will show a charge from
ProtoQuest, Inc. and NOT YardSaleSupplies.com. YardSaleSupplies.com is not
a company. It is a Website Service owned by the company ProtoQuest, Inc.
Current
billing address and phone information must be included with every order.
ProtoQuest, Inc.
takes credit card information security seriously and uses a variety of
technical solutions to make shopping safe at YardSaleSupplies.com. As a safety
precaution, we do not store unencrypted credit card numbers on our servers. When you place
your order with us, your order will be processed via our secure e-commerce ordering
system that uses Secure Socket Layer (SSL) technology. Our secure server software
encrypts information, ensuring that your transactions stay private and protected.
Please see our Privacy and Security Statement for more information about your
credit card safety.
Shipping and Taxes.
We currently offer shipping via the United States Postal Service
(USPS). Sales tax may be charged depending on the shipping address as required
by law. Separate charges for shipping and taxes, if applicable, will appear
on your order at time of checkout, as well as on the receipt for your
order.
Title.
Title to products and purchased goods passes from ProtoQuest, Inc. to you upon
(i) goods having been paid for by the purchaser, and (ii) shipment of goods
from ProtoQuest, Inc. or its agent. Title to software shall remain with ProtoQuest, Inc.
or its applicable licensor(s), if any.
Return/Refund Policy and Procedure. All label sets, custom signs, and
other custom products may be exchanged for the exact same item only if they
are defective and may not be returned for a refund. Non-custom product returns
will be subject to a restocking fee equal to 15% of the purchase price, unless
the item is defective and exchanged for the exact same item (fee not applicable
in Hawaii). The 15% restocking fee will be assessed at the time of refund or
exchange. Shipping and handling charges will not be refunded. Returns must be shipped in
an "as new", resaleable condition, in original
box and packaging, and with all warranty cards, manuals and accessories (if
any). Any variance from these conditions could result in delay or forfeiture
of your refund.
To
return items purchased from ProtoQuest, Inc., contact our Customer Support Center
at 301-438-9273 within thirty (30) days from the invoice date (same as ship
date) to obtain your Return Authorization (RMA) number and details about your
return process. No refunds or exchanges are allowed after thirty (30) days.
All returns must be accompanied by the original receipt, invoice or packing
slip. RMA numbers are valid for 10 days from date of issuance. We are unable
to accept returns without an RMA number. All returns must be shipped with shipping
and insurance charges prepaid. Shipping and insurance charges are not refunded.
Returns should be shipped to ProtoQuest, Inc., 1812 Chapel Hill Road, Silver Spring, MD,
20906-1113. Write your RMA number on a piece of paper and include
it with your return. Refunds or credits for returned merchandise are issued after receipt and inspection
of returned goods. Refunds on purchases made with a credit card will only be
credited to the same card.
Service and Support.
If you need additional assistance, please call our Customer Support
Center at 301-438-9273.
HOW TO ORDER:
Internet.
Add the items you
would like to purchase to your shopping bag, enter any custom information for the items, and enter
your payment information when prompted. We will send an Order Confirmation e-mail
once We receive your order.
Phone and Mail.
At this time, we are not accepting orders placed through either the telephone or mail. Ordering through the YardSaleSupplies.com
website nearly guarantees that we collect your order information without miscommunication or error. We realize that most of our customers absolutely need their products delivered
without error the first time. If we have to re-ship your order because of misunderstanding a telephone or mail order, your order may arrive after your sale
is over and be useless to you. To prevent this headache, we only allow ordering through the most reliable method - through the YardSaleSupplies.com website.
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