THE FOLLOWING DESCRIBES THE TERMS ON WHICH BoneyardMarket.com OFFERS ACCESS TO OUR SERVICES.
This is the User Agreement (the "Agreement") for BoneyardMarket.com (the "Site").
This Agreement describes the terms and conditions applicable to your use of our services available under the
domain and sub-domains of the Site and the general principles for the websites of our
subsidiaries. We may amend this Agreement at any time by posting the amended terms on the Site.
This Agreement may not be otherwise amended except in a writing signed by an authorized representative of
BoneyardMarket.com.
If you do not agree to be bound by the terms and conditions of this Agreement,
do not use or access our services.
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Our services are available only to, and may only be used by individuals who can form legally
binding contracts under applicable law.
Without limiting the foregoing, our services are not available to children
(persons under the age of 18) or to temporarily or indefinitely suspended members.
If you are under the age of 18, you can use this service only in conjunction with,
and under the supervision of your parents or guardians.
If you do not qualify, please do not use the Site.
If you are a business entity, you represent that you have the authority to
bind the entity to this Agreement.
BoneyardMarket.com reserves the right to terminate any member's access to the Site,
for any reason whatsoever. The following types of messages, or links to this type of content,
are not allowed: Pornography, obscenity, racism, violence, pirated programs,
or any other illegal activity.
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When you visit BoneyardMarket.com or send e-mails to us, you are
communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on the Site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
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This Site acts as a venue to allow a user to sell their merchandise.
We are not involved in the actual transaction between Buyers and Sellers.
When you agree to purchase items from a Seller on this Site, the
transaction is processed directly by the Seller, and not by BoneyardMarket.com.
BoneyardMarket.com provides no promotion for the Seller's merchandise.
As a result, we have no control over the quality, safety or legality of the merchandise advertised,
the truth or accuracy of the Listings, the ability of Sellers to sell merchandise,
or the ability of Buyers to pay for items.
In the event that you have a dispute with one or more users,
you release BoneyardMarket.com (and our officers, directors, agents, subsidiaries, joint ventures
and employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such disputes.
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."
We do not control the information provided by users that is made available through our system.
You may find other user's information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and practice safe trading when using the Site.
Please note that there are also risks of dealing with underage persons or people acting
under false pretense. Additionally, there may also be risks dealing with international trade
and foreign nationals. By using the Site, you agree to accept such risks and the Site is
not responsible for the acts or omissions of users on the Site.
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If you purchase or sell items on the Site,
you are obligated to complete the transaction with the other party.
By purchasing merchandise, you agree to be bound by the conditions of sale included in the Seller's
description so long as those conditions of sale are not in violation of this Agreement or unlawful.
By submitting information which indicates that you wish to purchase items on the Site,
you are certifying that you have the legal right to purchase such items.
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We, our subsidiaries, officers, directors, employees and our suppliers provide the Site and
services "as is" and without any warranty or condition, expressed, implied or statutory.
We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any
implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We make no representations or warranties of any kind, expressed or implied,
as to the operation of the Site or the information, content, materials, or products included
on the Site. You expressly agree that your use of the Site is at your sole risk.
We do not warrant that the Site, its servers, or e-mail sent from us are free of
viruses or other harmful components.
We will not be liable for any damages of any kind arising from the use of the Site,
including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
In no event shall we, our subsidiaries, officers, directors, employees or our
suppliers be liable for lost profits or any special, incidental or consequential damages
arising out of or in connection with the Site, our services, or this agreement
(however arising, including negligence).
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You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your breach of this Agreement or the
documents it incorporates by reference, or your violation of any law or the rights of a third party.
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You shall comply with all applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of our service and your purchasing of products and services on the Site.
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You and BoneyardMarket.com are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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All content included on the Site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations, and
software, is the property of BoneyardMarket.com or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on the Site is the exclusive property of BoneyardMarket.com and protected by
U.S. and international copyright laws.
No part of this program may be copied, reproduced, translated, or reduced to any
electronic or machine readable form without the prior written consent of BoneyardMarket.com.
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"BoneyardMarket.com" and other marks indicated on the Site are registered trademarks of
BoneyardMarket.com or its subsidiaries, in the United States and other countries.
All graphics, logos, page headers, button icons, scripts, and service names appearing on the Site
are trademarks or trade dress of BoneyardMarket.com or its subsidiaries.
BoneyardMarket.com's trademarks and trade dress may not be used in connection with any product
or service that is not BoneyardMarket.com's, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits BoneyardMarket.com.
All other trademarks not owned by BoneyardMarket.com or its subsidiaries that appear on the Site
are the property of their respective owners, who may or may not be affiliated with, connected to,
or sponsored by BoneyardMarket.com or its subsidiaries.
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A new user may be invited to use an Evaluation Membership, which is only intended to demonstrate
the features of BoneyardMarket.com.
The Evaluation Membership may be terminated at any time by BoneyardMarket.com, at which time
the user will be unable to access their Administration Website.
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This Agreement shall be governed in all respects by the laws of the State of Nevada
as such laws are applied to agreements entered into and to be performed entirely within California
between California residents. We do not guarantee continuous, uninterrupted or secure access to our
services, and operation of the Site may be interfered with by numerous factors outside of our control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section.
Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with respect to
the subject matter hereof.
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