Yard Sale Portal: User Agreement

This User Agreement describes the terms on which Yard Sale Portal^TM offers you access to its web site and services. Please read this agreement carefully. By using our web site and services, you agree to be bound by these terms.

Yard Sale Portal^TM is an interactive online service owned and operated by ADABTEK, Corp.

When accessing the pages or the information contained on the Yard Sale Portal^TM web site, / ("the Site" or "our Site") or by using the Yard Sale Portal^TM services (the "Services") in any manner, you must adhere to the terms of this Agreement. When using particular Yard Sale Portal^TM Services, you may also be subject to additional guidelines or rules which we may post from time to time. In addition, if you arrive at our Site through any of our partners' or affiliates' web sites, you may also be subject to the terms and conditions of that web site. If you do not agree to the terms of this Agreement, please exit the Site immediately, and cease all use of our Services.

You may review a current version of this Agreement at any time by clicking on the User Agreement link at the bottom of any page of the Site.

We reserve the right to make changes to this Agreement or the guidelines or rules incorporated herein, at any time, and we will notify you of any such changes by posting the new Aggreement online. Your continued use of our Site will signify your acceptance of any revised terms to this Agreement. Therefore, you should regularly visit this page to make yourself familiar with our current Agreement. This Agreement may not otherwise be amended, except in writing, by both you and ADABTEK, Corp. Unless otherwise stated, all amended terms to this Agreement shall be effective immediately once notice of those changes is available online.
When listing a sale, you must provide accurate and current information to us. If you provide any information that is false, misleading, inaccurate, not current, or incomplete during listing or otherwise, we may choose to cancel your listing.
We may choose to cancel your listing at anytime at our will.
By listing your sale, you are agreeing that some identifying information such as the physical address of your sale can be shared with others (the public).
You may choose to make your contact information visible to the potential buyers and site visitors when advertising on our web site. This information is derived from the information you provide us when you become a member.
Because verifying the information provided to list a sale is impossible, we cannot and do not guarantee the correctness and accuracy of the information related to the listings.
By listing your sale, you are stating that you have the legal authority to list your sale on our Site.
By listing your sale on our web site, you are agreeing that others (the public) could search our site for your yard sale information.
Our Site and Services may be used only for lawful purposes. You may not use the Site or our Services to transmit, post, distribute, or store any material or conduct any activities in violation of any applicable local, state, provincial, federal, or foreign law or regulation. This includes, without limitation, any unauthorized use or distribution of material protected by patent, copyright, trademark, or other intellectual property right, or the sale or distribution of material that is obscene, defamatory, libelous, constitutes an illegal threat, violates rights of privacy or publicity, or violates export control laws. You agree to comply with any applicable laws, statutes, ordinances and regulations in your use of the Site and our Services. You agree not to use the Site or our Services in any manner that violates or proposes a transaction which, if consummated, would violate any law, statute, ordinance, or regulation, expose ADABTEK, Corp. to civil or criminal liability, or violate this Agreement. You agree that you are solely responsible for obtaining all necessary licenses and permissions necessary for your transactions and for verifying that other Site users with whom you transact do the same. You agree that you will not use any information gained from the Site or our Services, including, without limitation information you learn about any buyer, seller, or other users, for any purpose not necessary to have a sale listing or search a sale on our Site.
You agree not to post any offensive content on the Site or post any links or URL's (web addresses) to sites containing Offensive Content. "Offensive Content" includes, without limitation, words, images, sounds, or other content which: (i) is profane, obscene, or involves pornography; (ii) denigrates people because of their race, religion, country of origin, sexual orientation, or gender; (iii) depicts violent or criminal acts, perpetrators or victims of violence or crime, or seeks to incite violence or crime; (iv) relates or pertains to any "hate group," i.e., groups that are organized in part to promote the oppression of or assert the supremacy of any class of people; or (v) contains defamatory or libelous statements or unlawfully disparaging remarks or threats.
We may employ automated filters and/or manual reviews to screen listings and content, either before those listings and/or content are posted on the Site or at any time thereafter. In the event that ADABTEK, Corp., in its sole discretion, determines that any listing offers for sale any illegal item or service, that any content is Offensive Content, or that any listing or content is otherwise objectionable, ADABTEK, Corp. may refuse to post such listing or content, or may remove such listing or content from the Site.
You agree not to use the Site in any manner which violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights, or other proprietary rights of ADABTEK, Corp. or any third party. You agree not to link to any third party's web site or file on that web site without that party's permission. You agree that you will not use any automatic or manual process to monitor or copy any portion of the Site without our prior written permission.
Without limiting other remedies, we may limit your activity, immediately remove your listings, warn our community or specific users within our community of your actions if (a) you breach this Agreement or the guidelines or rules it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.
You agree that ADABTEK, Corp. is not a party to any negotiations or transactions between the buyers and sellers who use this Site. In the event that you have a dispute with one or more users arising from any communication, negotiation, transaction, or other activities conducted or initiated through the Site or our Services, you release ADABTEK, Corp. and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Your member points could be revoked at any time if we believe that you have violated the user agreement.
You cannot redeem member points for credits, cash, or the like. Once member points are purchased they are not returnable.
We may choose to change the rules governing member points at any time.
RSS (really simple syndication) service is a means by which Yard Sale Portal offers feeds of new listings in XML format ("RSS Content") to visitors to yardsaleportal.com (the "Yard Sale Portal Site") who use RSS aggregators.
RSS is a free service offered by Yard Sale Portal to individuals for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS feeds as provided by Yard Sale Portal, and you may not edit or modify the text, content or links supplied by Yard Sale Portal. To request permission for a particular use not permitted by these Terms of Use, please use the Yard Sale Portal Help Desk system.
The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full listing on the Yard Sale Portal Site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Yard Sale Portal Site web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable Yard Sale Portal Site web page.
ADABTEK, Corp. retains all ownership and other rights in the RSS Content, and any and all Yard Sale Portal logos and trademarks used in connection with the RSS Service. You must provide attribution to the appropriate Yard Sale Portal website in connection with your use of the RSS feeds. If you provide this attribution using a graphic, you must use the appropriate Yard Sale Portal website's logo that we have incorporated into the RSS feed.
Yard Sale Portal reserves the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these User Agreement. ADABTEK, Corp. assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. HIGHER EDUCATION TESTS, CORP. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE, WITH YOUR ENJOYMENT OF THE SITE OR SERVICES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. WE MAKE NO WARRANTY THAT THE SITE OR OUR SERVICES WILL SATISFY YOUR REQUIREMENTS, OR THAT THE AVAILABILITY OF THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES ADABTEK, CORP. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE OR OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SITE OR OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY: IN NO EVENT SHALL ADABTEK, CORP. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS, AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OR LOSS OF DATA, INFORMATION, OR MESSAGES TRANSMITTED THROUGH THE SITE OR OUR SERVICES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR OUR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ADABTEK, CORP. BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR OUR SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, ADVERTENT OR INADVERTENT.
You agree to defend, indemnify and hold ADABTEK, Corp. and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners, and affiliates harmless from and against any and all claims made by or liabilities to any third party resulting from any activities conducted under Your Listing, your use or misuse of the Site or our Services, including, but not limited to, posting content on the Site, entering into transactions with other Site users, contacting others as a result of their posting(s) on the Site, infringing a third party's intellectual property or other rights, failing to deliver goods or payment to other Site users or otherwise breaching this Agreement.
Any notices given pursuant to this Agreement that are directed to ADABTEK, Corp. shall be sent by U.S. Mail to: ADABTEK, Corp., P.O. Box 582, Clarksville MD 21029, U.S.A., Attn: Legal. Any notice from ADABTEK, Corp. that is directed to you shall be delivered to the mailing address or email address you provided us when registering for our services. Notice shall be deemed given twenty four (24) hours after email is sent or, in the case of notice sent via U.S. Mail, three (3) business days after the date of mailing. We may also give notice of changes to this Agreement or other matters related to Yard Sale Portal^TM by displaying notices on the Site.
It is the express intent of the parties that this Agreement and any related documents shall be written and executed in the English language.
In addition, other rules and guidelines posted throughout the Site may govern your activities and use of our Services.