Terms of Use

 

1.  By visiting and/or using this website, nhyardsale.com (the “Website”) which is owned and operated by NH Yard Sale, Inc. (“NHYS”), you signify your agreement to these Terms of Use and the Privacy Policy.  If you do not agree to any of these terms and policies, please do not use the Website.  We may attempt to notify you of major changes made to our Terms of Use, however, we advise you to regularly review the current version. At our discretion, we may revise or modify these Terms of Use and policies at any time, and you agree to be bound by such revisions or modifications.

 

2.  The Website may contain links to third party websites that are neither owned nor controlled by NHYS. As such, we assume no responsibility for the content, policies, or practices of any third party website. By using the Website, you expressly relieve NHYS from any and all liability arising from your use of any third party website.  Accordingly, we suggest that you read the Terms of Use and Privacy Policy of any website that you visit.

 

3.  Some features of the Website require that you create an account. At no time may you use another’s account without permission. When creating your account, it is your responsibility to provide accurate and complete information. Keep your account password secure; you are solely responsible for any activity that occurs on your account. You must immediately notify NHYS of any unauthorized use or breach of security of your account.  Although NHYS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NHYS or others due to such unauthorized use.

 

4.  NHYS hereby grants you permission to access and use the Website as set forth in these General Terms of Use, provided that you agree to not (i) distribute any part of the Website in any medium without prior written authorization from NHYS; (ii) alter or modify any part of the Website, and (iii) use the Website for any commercial use, without prior written authorization from NHYS.  In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use, any other policies and terms NHYS may promulgate from time to time, and all applicable local, national, and international laws and regulations.  NHYS reserves the right to discontinue any aspect of the Website at any time.

 

5. All Website content, including without limitation, the models, photos, graphics, videos, music, sounds, software, interactive features, scripts, text and the like (“Content”) and the logos, service marks, trademarks (“Marks”), are owned by or licensed to NHYS, subject to copyright and other intellectual property rights under law. Website Content and Marks may not be downloaded, reproduced, distributed, transmitted, displayed, licensed, sold or exploited in any way whatsoever for any other purpose without the prior written consent of the respective owners and may be subject to the End User License Agreement www.nhyardsale.com/eula (“EULA”). All rights not expressly granted in and to the Website and the Content are reserved by NHYS.

 

6. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NHYS, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NHYS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; 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 WEBSITE. NHYS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NHYS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

7. IN NO EVENT SHALL NHYS, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V)  ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NHYS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NHYS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF

LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT NHYS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  NHYS makes no representations that the Website is appropriate or available for use in all locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

8. You hereby agree to indemnify, defend, and hold harmless NHYS, it’s officers, directors, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from i) your use of and access to the Website; ii) your violation of any term of these Terms of Use; iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; and iv) any claim that one of your submissions caused damage to a third party. The terms of this section survive any termination of these Terms of Use and your use of the Website.

 

9. You affirm that you are either more than eighteen years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of eighteen, as the Website is not intended for children under eighteen. If you are under eighteen years of age, then please do not use the Website without legal parental or guardian consent.

 

10. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NHYS without restriction.

 

11. You agree that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over NHYS, either specific or general, in jurisdictions other than New Hampshire. These Terms of Use shall be governed by the internal substantive laws of New Hampshire, without respect to its conflict of laws principles. Any claim or dispute between you and NHYS that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New Hampshire. These Terms of Use, together with the Privacy Notice and EULA on the Website and any other legal notices published by NHYS on the Website, shall constitute the entire agreement between you and NHYS concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and NHYS’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. NHYS reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND NHYS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. You agree to pay any and all fees associated with your membership(s) and listing(s). Membership fees and listing fees will be outlined in the page named Help/Fees and are subject to change with or without notice. It is your responsibility to know what the fees are and to determine whether or not to list items on NHYS’s website. You are agreeing that NHYS has the right to assess fees associated with your membership(s) and listing(s) and you agree that NHYS has the right to collect fees from your Paypal account or by whatever means they perceive feasible. You are also agreeing that nonpayment of fees is grounds for termination of your account and may also have legal repercussions.

 

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