Acceptance of Terms
UsedBizStuff, LLC provides its service to you,
subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time
without notice to you. You can review the most
current version of the TOS at any time
by
clicking on the Terns link at the bottom of the
page on this
site, and furthermore, by using and navigating
this site, you agree to these terms and conditions.
In addition, when using particular services, you
shall be subject to any posted guidelines or
rules applicable to such services. All such
guidelines or rules (including but not limited
to our
Privacy Policy are hereby incorporated by
reference into the TOS.
Description of Service
UsedBizStuff, LLC Inc., hereinafter
UsedBizStuff, LLC, currently provides users with
access to a collection of resources, including,
reading and submitting of of classified
advertisements, various communications tools,
forums, shopping and selling services, email
subscriptions, and search services through its
Web sites (hereinafter, the "Service"). You also
understand and agree that the Service may
include advertisements and that these
advertisements are necessary for us to provide
the Service. You also understand and agree that
the Service may include certain communications
from us, such as service announcements,
administrative messages, and our newsletter, and
that these communications are considered part of
using the service. Unless explicitly stated
otherwise, any new features that augment or
enhance the current Service, including the
release of new Web sites, shall be subject to
the TOS. You understand and agree that the
Service is provided "AS-IS" and that
UsedBizStuff, LLC assumes no responsibility for
the timeliness, deletion, incorrect-delivery or
failure to store any user communications or
personalization settings. You are responsible
for obtaining access to the Service and that
access may involve third party fees (such as
Internet service provider or airtime charges).
You are responsible for those fees, including
those fees associated with the display or
delivery of advertisements. In addition, you
must provide and are responsible for all
equipment necessary to access the Service.
Duties of the User
By using the Service, you agree to: (a) provide
true, accurate, current and complete information
about yourself as prompted by the Service's form
or by employees of UsedBizStuff, LLC when in the
normal course of their duties and (b) maintain
and promptly update the the information to keep
it true, accurate, current and complete. If you
provide any information that is untrue,
inaccurate, not current or incomplete, or we
have reasonable grounds to suspect that such
information is so, we have the right to suspend
or terminate your access to the service and
refuse any and all current or future use of the
Service (or any portion thereof).
You also represent that you are not a person
barred from receiving services under the laws of
the United States or other applicable
jurisdiction.
Privacy Policy
Your information is subject to our Privacy
Policy. For more information, see our full
privacy policy.
5. Password Security
For access to some areas of the Service, you may
receive a password and account designation
(usually your email address). You are
responsible for maintaining the confidentiality
of the password and account, and are fully
responsible for all activities that occur under
your password or account. You agree to (a)
immediately notify us of any unauthorized use of
your password or account or any other breach of
security, and (b) ensure that you exit from your
account at the end of each session.
UsedBizStuff, LLC cannot and will not be liable
for any loss or damage arising from your failure
to comply with this Section 5.
User Conduct
You understand that all information, data, text,
software, music, sound, photographs, graphics,
video, messages or other materials ("Content"),
whether publicly posted or privately
transmitted, are the sole responsibility of the
person from which such Content originated. This
means that you, and not UsedBizStuff, LLC, are
entirely responsible for all Content that you
upload, post, email, transmit or otherwise make
available via the Service. While UsedBizStuff,
LLC does offer marginal control over some of the
Content posted via the Service, much of the
content is not controlled and, as such,
UsedBizStuff, LLC does not guarantee the
accuracy, integrity or quality of any Content.
You understand that by using the Service, you
may be exposed to Content that is offensive,
indecent, or objectionable. Under no
circumstances will we be liable in any way for
any Content, including, but not limited to, for
any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a
result of the use of any Content posted,
emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory,
libelous, vulgar, obscene, invasive of another's
privacy, hateful, or racially, ethnically or
otherwise objectionable; that includes personal
or identifying information about another person
without that person's explicit consent; that is
false, deceptive, misleading, deceitful,
incorrectly informative, or constitutes "bait and
switch";
b. harm minors in any way;
c. impersonate any person or entity,
including, but not limited to, a UsedBizStuff employee, sponsors, or advertisers,
or otherwise misrepresent your affiliation with
a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted
through the Service;
e. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make
available under any law or under contractual or
fiduciary relationships (such as inside
information, proprietary and confidential
information learned or disclosed as part of
employment relationships or under nondisclosure
agreements); or that infringes any patent,
trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
f. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," "affiliate
marketing," or any other form of solicitation in
violation of the Computer Fraud and Abuse Act
(18 U.S.C.
� 1030).
g. advertise any illegal services or the sale of any items the sale
of which is prohibited or restricted by
applicable law, including without limitation
items the sale of which is prohibited or
regulated in the United States;
h. intentionally or unintentionally violate any applicable local,
state, national or international law, including,
but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any
rules of any national or other securities
exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the
force of law;
i. provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of
material support or resources) to any
organization(s) designated by the United States
government as a foreign terrorist organization
pursuant to section 219 of the Immigration and
Nationality Act;
j. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any
other computer code, files or programs designed
to interrupt, destroy or limit the functionality
of any computer software or hardware or
telecommunications equipment;
k. repeatedly post the same or similar Content or otherwise impose
an unreasonable or disproportionately large load
on our infrastructure;
l. attempt to gain unauthorized access to UsedBizStuff, LLC computer
systems or engage in any activity that disrupts,
diminishes the quality of, interferes with the
performance of, or impairs the functionality of,
the Service or our websites;
m. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any
requirements, procedures, policies or
regulations of networks connected to the
Service;
n. contact anyone who has asked not to be contacted;
o. "stalk" or otherwise harass another;
p. collect or store personal data about other users;
q. use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from
the Service -- exception is made for Internet
search engines (e.g. Google) and non-commercial
public archives (e.g. archive.org).
You acknowledge that UsedBizStuff, LLC may or
may not pre-screen Content, but that
UsedBizStuff, LLC and its designees shall have
the right (but not the obligation) in their sole
discretion to pre-screen, move, edit, or refuse
any Content that is available via the Service.
Without limiting the foregoing, UsedBizStuff,
LLC and its designees shall have the right to
remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with,
the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge
that you may not rely on any Content created or
made available by UsedBizStuff or submitted to us,
including without limitation information found
in all parts of the Service.
You acknowledge, consent and agree that we may
access, collect, preserve, analyze and disclose
your account information and Content.
You understand that the technical processing and
transmission of the Service, including your
Content, may involve (a) transmissions over
various networks; and (b) changes to conform and
adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software
embodied within the Service may include security
components that permit digital materials to be
protected, and use of these materials is subject
to usage rules set by UsedBizStuff, LLC and/or
content providers who provide content to the
Service. You agree not to attempt to override or
circumvent any of the usage rules embedded into
the Service. Any unauthorized reproduction,
publication, further distribution or public
exhibition of the materials provided on the
Service, in whole or in part, is strictly
prohibited.
Intellectual Property
The Service is protected to the maximum extent
permitted by copyright laws and international
treaties. Content displayed on or through the
Service is protected by copyright as a
collective work and/or compilation, pursuant to
copyrights laws, and international conventions.
Any reproduction, modification, creation of
derivative works from or redistribution of the
Sites or the collective work is prohibited.
Copying or reproducing the sites or any portion
thereof to any other server or location for
further reproduction or redistribution is
prohibited. You further agree not to reproduce,
duplicate or copy Content from the Service, and
agree to abide by any and all copyright notices
displayed on the Service. You may not decompile
or disassemble, reverse engineer or otherwise
attempt to discover any source code contained in
the Service. Without limiting the foregoing, you
agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes,
any aspect of the Service.
UsedBizStuff,
www.UsedBizStuff.com
,
www.UsedBusinessEquipment.com
are trade and service marks of
UsedBizStuff, LLC.
Although UsedBizStuff, LLC does not claim
ownership of content that its users post, by
posting Content to the Service, you
automatically grant, and you represent and
warrant that you have the right to grant, to
UsedBizStuff, LLC an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to
use, copy, edit, perform, display, and
distribute said Content and to prepare
derivative works of, or incorporate into other
works, said Content, and to grant and authorize
sublicenses (through multiple tiers) of the
foregoing.
UsedBizStuff, LLC shall be free to use any
ideas, concepts, know-how or techniques
contained in such information for any purpose
whatsoever including but not limited to
developing, manufacturing and marketing products
or services incorporating such information.
Indemnity
You agree to indemnify and hold UsedBizStuff,
LLC, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and
employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by
any third party due to or arising out of Content
you submit, post, transmit or make available
through the Service, your use of the Service,
your connection to the Service, your violation
of the TOS, or your violation of any rights of
another.
General Practices Regarding Use and Storage
You acknowledge that UsedBizStuff, LLC may
establish general practices and limits
concerning use of the Service, including without
limitation the maximum number of days that email
messages, message board postings or other
uploaded Content will be retained or made
available by the Service, the maximum number of
messages that may be sent from or received by a
user on the Service, the maximum size of any
message that may be sent from or received by an
account on the Service, the maximum disk space
that will be allotted on our servers on your
behalf, and the maximum number of times (and the
maximum duration for which) you may access the
Service in a given period of time. You agree
that UsedBizStuff, LLC has no responsibility or
liability for the deletion or failure to store
any messages and other communications or other
Content maintained or transmitted by the
Service. You acknowledge that we reserve the
right to modify these general practices and
limits from time to time.
Modifications of Service
UsedBizStuff, LLC reserves the right at any time
and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree
that we shall not be liable to you or to any
third party for any modification, suspension, or
discontinuance of the Service.
Termination
You agree that UsedBizStuff, LLC may, under
certain circumstances and without prior notice,
immediately terminate your use of the Service,
any associated email address, and access to the
Service. Cause for such termination shall
include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a
request by you, (d) discontinuance or material
modification to the Service (or any part
thereof), (e) unexpected technical or security
issues or problems, and (f) extended periods of
inactivity. Termination of your use includes (a)
removal of access to all offerings within the
Service, including but not limited to ad
posting, message boards, alerts, (b) deletion of
your password and all related information, files
and content associated with or inside your
account (or any part thereof), and (c) barring
further use of the Service. Further, you agree
that all terminations for cause shall be made in
our sole discretion and that we shall not be
liable to you or any third-party for any
termination of your use or access to the
Service.
Dealings with Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers, businesses, and
individuals found on or through the Service,
including payment and delivery of related goods
or services, and any other terms, conditions,
warranties or representations associated with
such dealings, are solely between you and such
advertiser, business, or individual. You agree
that UsedBizStuff
shall not be responsible or liable for any loss
or damage of any sort incurred as the result of
any such dealings or as the result of the
presence of such advertisers on the Service.
Links to External Content
The Service may provide, or third parties may
provide, links to other World Wide Web sites or
resources. Because we have no control over such
sites and resources, you acknowledge and agree
that we are not responsible for the availability
of such external sites or resources, and does
not endorse and is not responsible or liable for
any Content, advertising, products, or other
materials on or available from such sites or
resources. You further acknowledge and agree
that UsedBizStuff, LLC 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 use of or reliance on any
such Content, goods or services available on or
through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
USEDBIZSTUFF, LLC EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. USEDBIZSTUFF, LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM USEDBIZSTUFF, LLC OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
USEDBIZSTUFF, LLC SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF USEDBIZSTUFF, LLC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT
APPLY TO YOU.
No Third Party Beneficiaries
You agree that, except as otherwise expressly
provided in this TOS, there shall be no third
party beneficiaries to this Agreement.
Notice
UsedBizStuff, LLC may provide you with notices,
including those regarding changes to the TOS, by
either email, regular mail, or postings on the
Service.
General Information
Entire Agreement. The TOS constitute the
entire agreement between you and UsedBizStuff,
LLC and govern your use of the Service,
superseding any prior agreements between you and
UsedBizStuff, LLC.
Choice of Law and Forum.
The TOS
Agreement and the relationship between you and
UsedBizStuff, LLC
shall be governed by, construed and enforced in
accordance with the laws of the Commonwealth of
Virginia, as it is applied to agreements entered
into and to be performed entirely within such
State. Any action you, any third party or
UsedBizStuff, LLC brings to enforce this
agreement or, in connection with, any matters
related to this site shall be brought only in
either the state or Federal Courts located in
Hanover County or Henrico County, Virginia, and
you expressly consent to the jurisdiction of
said courts. If any provision of this agreement
shall be unlawful, void, or for any reason
unenforceable, then that provision shall be
deemed severable from this agreement and shall
not affect the validity and enforceability of
any remaining provisions. This is the entire
agreement between the parties relating to the
matters contained herein and shall not be
modified except in writing, signed by
UsedBizStuff, LLC.
This Agreement shall all be governed and construed in accordance with the laws of Commonwealth of Virginia applicable to agreements made and to be performed in Commonwealth of Virginia. You agree that any legal action or proceeding between UsedBizStuff.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Commonwealth of Virginia and the City of Richmond, Virginia or County of Henrico, Virginia. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. UsedBizStuff.com's failure to insist upon or enforce strict performance of any provision of this Agreement 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 this Agreement. UsedBizStuff.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Waiver and Severability of Terms.
The failure of UsedBizStuff, LLC to exercise or
enforce any right or provision of the TOS shall
not constitute a waiver of such right or
provision. If any provision of the TOS is found
by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the
court should endeavor to give effect to the
parties' intentions as reflected in the
provision, and the other provisions of the TOS
remain in full force and effect.
Statute of Limitations.
You agree that regardless of any statute or law
to the contrary, any claim or cause of action
arising out of or related to use of the Service
or the TOS must be filed within one (1) year
after such claim or cause of action arose or be
forever barred.
The section titles in the TOS are for
convenience only and have no legal or
contractual effect.
Violations
Please report any violations of the TOS by
emailing CustomerService@UsedBizStuff.com