1. Copyright Rights
Materials in this website are copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by United States and International Copyright Laws, and may not be copied, reprinted, published, re-engineered, translated, hosted, or otherwise distributed by any means without explicit permission.
2. Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos and designs of all 127YardSale.com or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to 127YardSale.com, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent, copyright or trademark of 127YardSale.com or any third party.
3. Modification of This Agreement
This Service contains links to third party web sites. These linked sites are not under the control of 127YardSale.com nor is 127YardSale.com responsible for the contents of these linked sites, or any subsequent links to additional sites or a linked web site. 127YardSale.com includes these links as a convenience for site users. The inclusion of any link does not imply any association, partnership, affiliation or endorsement of any kind.
You are required to comply with applicable federal, state, municipal and local laws, rules, regulations, ordinances and judicial decisions, including without limitation all licensing requirements in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from 127YardSale.com. As a condition of your use of the Service, you represent and warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
6. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Service that:
- (a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant 127YardSale.com the rights and licenses set forth in Section 8 of this Agreement;
- (b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant 127YardSale.com the rights and licenses set forth in Section 8 of this Agreement;
- (c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- (d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law as determined by 127YardSale.com in its sole discretion;
- (e) is sexually-explicit;
- (f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
- (g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
- (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Service, or for purposes of registering for any promotions offered through the Service;
- (b) delete or revise any material or other information of any other user of the Service;
- (c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
- (d) take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure;
- (e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site;
- (f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the Service to harvest or otherwise collect information from the Service to be used for any commercial purpose;
- (g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
- (h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
- (a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
- (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- (c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Service;
- (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
127YardSale.com may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
127YardSale.com reserves the right (but does not have the obligation) to review postings on its Service, to remove any postings, and to terminate your ability to post to the Service at any time without notice, in its sole discretion. 127YardSale.com also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You are responsible for, and assume all liability associated with, any material you make available or transmit through the Service, whether through chat rooms, messages boards or other forums, including liability for claims of infringement, libel and slander. You may not post, transmit through or otherwise make available on or through the Service (i) any material that violates or infringes in any way upon the rights of others, that is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of 127YardSale.com any advertising or any solicitation with respect to products or services (unless posted in an area specifically designated for that purpose). Although 127YardSale.com does not and cannot review every message posted on or transmitted through the Service, 127YardSale.com shall be under no obligation to permit any material posted or transmitted to remain on the Service, and may remove from, or refuse to display on the Service any material that 127YardSale.com, in the exercise of their sole discretion, believes violates this Agreement.
8. License Granted
By posting or submitting Your Content to this Service, you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by 127YardSale.com will not infringe or violate the rights of any third party or violation applicable law.
9. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please contact 127YardSale.com.
10. Registration, Username, Password, Security.
(a) Registration. Registration may be required for the use of certain portions of the Service. Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any 127YardSale.com registration agreement conflict with the terms of this Agreement, the registration agreement shall control.
(b) Your User Identity. Your username and password will be your identity for purposes of interacting with Service and other users through the Service.
(c) User Name, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Service. You shall immediately notify 127YardSale.com if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Service. In the event of such loss, theft, or unauthorized use, 127YardSale.com may impose on you, at 127YardSale.com' sole discretion, additional security obligations.
(d) Security Breaches and Revision. If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief 127YardSale.com. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS." 127YardSale.com MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. 127YardSale.com DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 127YardSale.com DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY 127YardSale.com OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
127YardSale.com MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
13. Limitation of Liability
IN NO EVENT WILL 127YardSale.com OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE, OR ON ANY WEBSITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. IN NO EVENT SHALL 127YardSale.com OR ITS AFFILIATES OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF THE 127YardSale.com OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
127YardSale.com RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SERVICE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF 127YardSale.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 127YardSale.com's LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL 127YardSale.com's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
Upon a request by 127YardSale.com, you agree to indemnify and hold harmless 127YardSale.com and its respective subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through this Service, your use of the Service, your violation of this Agreement or your violation of any rights of another.
15. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the appropriate District with jurisdiction in the State of Tennessee located in Bledsoe County or, for matters not susceptible of adjudication in the federal courts, the State or Local courts of the State of Tennessee located in Bledsoe County, in all disputes arising out of or relating to the use of this Service.
16. United States Jurisdiction
The Service is operated in the United States of America. We do not represent that content or materials presented on the Service are appropriate or available for use in other locations. If you access the Service from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Service.
17. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and 127YardSale.com and governs your use of this Service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and 127YardSale.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Service changes to this Agreement, or by a subsequent writing signed by 127YardSale.com.
18. No Waiver
The failure of 127YardSale.com to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
19. No Professional Advice
The information contained in this site is provided "as is" and without warranties of any kind either expressed or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and/or non-infringement. Any information supplied by any employee or agent of 127YardSale.com, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. 127YardSale.com makes no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Service, and 127YardSale.com will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
127YardSale.com does not warrant or represent the information contained on this site as accurate, reliable, or that the site will be free from errors or viruses.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 127YardSale.com as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of 127YardSale.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by 127YardSale.com with respect to such use. But generally it will not be 127YardSale.com's practice or policy to voluntarily turn over any information about, relating to, or concerning any registered member of 127YardSale.com unless required to do so by a court of law. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
127YardSale.com reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of this Service, with or without notice and with or without cause. Termination of your access to this Service means the revocation of the limited and temporary license and permission to use the software and other resources of the Service granted to you under this Agreement by 127YardSale.com. The provisions of this Agreement will survive the termination of your access to the Service and of this Agreement.
23. Notice - Yard Sale Nation LLC
Yard Sale Nation LLC, located at 10372 Brockdell Rd, Pikeville, TN is a registered LLC with the State of Tennessee and hereby notices all users of "the service" that it wholly owns the subsidiary doing business as (DBA), universal resource locator 127YardSale.com (the "Service").
Limitation of Liability:
IN NO EVENT WILL YARD SALE NATION LLC OR ITS MEMBERS, AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE or any other unrelated Yard Sale Nation LLC activity , OR ON ANY WEBSITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. IN NO EVENT SHALL Yard Sale Nation LLC OR ITS AFFILIATES OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF THE Yard Sale Nation LLC OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Per it's controlling legal authority Yard Sale Nation LLC has with "the service" it maintains and herein reserves the right to utilize its financial or other services to proporgate the relationship with 127YardSale.com. As appropriate, user's of "the service" may see "Yard Sale Nation LLC" appearing on credit charges and on other documents.