The www.GarageSaleCow.com Web Site also known as Garage Sale Cow, (the "Site") is
an online information service provided by Garage Sale Cow ("www.GarageSaleCow.com
"), subject to your compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SITE. WWW.GARAGESALECOW.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by copyright and trademark laws. The
owner of the copyrights and trademarks are www.GarageSaleCow.com, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to www.GarageSaleCow.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit to any public
areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to www.GarageSaleCow.com by all means and in any media now known or hereafter developed.
You also grant to www.GarageSaleCow.com the right to use your name in connection
with the submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You agree that
you shall have no recourse against www.GarageSaleCow.com for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
Publications, products, content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of www.GarageSaleCow.com. Other product
and company names mentioned in the Site may be the trademarks of their respective
2. Use of the Site.
You understand that, except for information, products or services clearly identified
as being supplied by www.GarageSaleCow.com, www.GarageSaleCow.com does not operate,
control or endorse any information, products or services on the Internet in any
way. Except for www.GarageSaleCow.com- identified information, products or services,
all information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with www.GarageSaleCow.com
You are responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
BY USING GARAGESALECOW.COM YOU AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE OR OLDER.
WWW.GARAGESALECOW.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND WWW.GARAGESALECOW.COM SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. WWW.GARAGESALECOW.COM DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. WWW.GARAGESALECOW.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WWW.GARAGESALECOW.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF WWW.GARAGESALECOW.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, WWW.GARAGESALECOW.COM LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
www.GarageSaleCow.com makes no representations whatsoever about any other web site
which you may access through this one or which may link to this Site. When you access
a non-www.GarageSaleCow.com web site, please understand that it is independent from
www.GarageSaleCow.com, and that www.GarageSaleCow.com has no control over the content
on that web site. In addition, a link to a www.GarageSaleCow.com web site does not
mean that www.GarageSaleCow.com endorses or accepts any responsibility for the content,
or the use, of such web site.
www.GarageSaleCow.com does not sell information to third parties. The Site may use
cookies and similar tools to customize the advertising content you receive. The
site may also collect information to be used for statistical and advertising purposes.
Unless opted out, all users are automatically enrolled in our website email. These
emails include but not limited to; newsletters, updates, and events.
You agree to indemnify, defend and hold harmless www.GarageSaleCow.com, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing the
5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of www.GarageSaleCow.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
6. Term; Termination.
This Agreement may be terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 7 (Miscellaneous)
shall survive any termination of this Agreement.
7. Violation of Terms.
a. If you post a sale that is knowingly false, fictitious, or without the resident
of addresses consent you agree to pay GarageSaleCow five hundred U.S. Dollars in
damages per incident.
b. Anyone using GarageSaleCow sale data without expressed written permission will
agree to pay a monthly data usage fee of three thousand U.S. Dollars.
c. If you post a sale containing abusive, threatening, harassing, defamatory, pornographic,
or inappropriate content you agree to pay GarageSaleCow one thousand U.S. Dollars
in damages per incident.
This Agreement shall all be governed and construed in accordance with the laws of
The United States of America applicable to agreements made and to be performed in
The United States of America. You agree that any legal action or proceeding between
www.GarageSaleCow.com and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a court of competent jurisdiction
sitting in Warren County, Ohio. 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. www.GarageSaleCow.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. www.GarageSaleCow.com may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any spamming, inappropriate illegal images, illegal activity, or misuse of the www.GarageSaleCow.com
website will absolutely not be tolerated and legal action will be taken against
those offenders. Any rights not expressly granted herein are reserved.