Terms and ConditionsShort Version: Be kind, generous, and love your neighbor. Behave yourself. Below is the nitty gritty.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH BOOKOO, INC., AN ILLINOIS CORPORATION, D/B/A Moody Yard Sales ("Moody Yard Sales") OFFERS YOU ACCESS TO OUR SERVICES. BY USING OUR SERVICES AND/OR REGISTERING ON OUR SITE, YOU ARE ACCEPTING THE TERMS OF THIS USER AGREEMENT.
Welcome to the user agreement (the "Agreement" or "User Agreement") for Moody Yard Sales. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of moody.bookoo.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
If you have any questions, please refer to our Frequently Asked Questions or this document.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement before you may become a member of Moody Yard Sales. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Moody Yard Sales user.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall be effective immediately after they are initially posted on the Site. This Agreement is effective upon acceptance in registration for new registering users, and subsequent updates are applicable to all users.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Moody Yard Sales cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners and you acknowledge that by accepting the terms of this Agreement, you are releasing and disclaiming Moody Yard Sales from any and all liability for identity theft and/or related acts of third parties involving your use of this Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Because we are a venue, in the event that you have a dispute with one or more users resulting from any involvement whatsoever with this Site, you release Moody Yard Sales 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.
We do not control the information provided by other 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 accessing links posted to the Site, as well as international trade and foreign nationals. By using this Site, you agree to accept such risks and Moody Yard Sales is not responsible for the acts or omissions of users on the Site.
Without limiting any other remedies, Moody Yard Sales may suspend or terminate your account without notice if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Denial of Service
Moody Yard Sales reserves the right to deny services to any person or entity. We reserve the right to invalidate, delete, and remove accounts and items at any time, and without notice, in the event of fraudulent activities by a user.
Moody Yard Sales works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. Where applicable, rights owners can report listings offering infringing items, and request that such items be removed. Moody Yard Sales will investigate such reports, but by investigating and/or acting on such reports, does not assume any liability for such investigation or action.
Definition. "Your Information" is defined as any information you provide to us or other users in the registration, listing or transaction process, in any public area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. You are responsible for maintaining the confidentiality and integrity of Your Information, and your username and password used in connection with this Site. Accordingly, you agree that you will be solely responsible to Moody Yard Sales for all activities that occur under your password when used in connection with the Site. If you become aware of any unauthorized use of Your Information, you agree to notify Moody Yard Sales immediately in writing.
Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited Listings. Should any of your information or your activities violate this Paragraph, you agree that the damages suffered by Moody Yard Sales may be uncertain and difficult to estimate; therefore, you agree that Moody Yard Sales shall be entitled to recover $500 for each violation by you of this Paragraph or the actual damages suffered by Moody Yard Sales.
You acknowledges and agree that Moody Yard Sales (or Moody Yard Sales's licensors) own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site. Unless you have been expressly authorized to do so in writing by Moody Yard Sales, you agree that in using the Site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Moody Yard Sales, in writing.
Moody Yard Sales may charge a fee to post content or for other features, products, services or licenses. You are responsible to Moody Yard Sales for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize Moody Yard Sales, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees. Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by Moody Yard Sales or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, Moody Yard Sales reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Moody Yard Sales and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Termination/Suspension of Use
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; (d) any activity we deem not to be in compliance with the intended use of the site; or (e) any reason we deem to be in the best interest of the Site.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, 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. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
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 OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to indemnify and hold Moody Yard Sales, its subsidiaries, officers, directors, employees and agents harmless from any claim or demand, including reimbursement of reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, your use of the Site, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
You and Moody Yard Sales are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given to email@example.com (in the case of Moody Yard Sales) or to the email address you provide to Moody Yard Sales during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Moody Yard Sales during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and Moody Yard Sales, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to litigation, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
However, should informal resolution fail, except in matters involving injunctive relief, all disputes concerning this Agreement shall be resolved by neutral arbitration pursuant to the procedures below. The commercial arbitration rules of the American Arbitration Association shall be used, although the parties shall not use the American Arbitration Association to any other extent â and instead will follow the procedures of this Agreement. Such arbitration shall be held in Chicago, Illinois. The award of the arbitrator shall be final and binding upon the parties and enforceable in a court of law.
To commence arbitration proceedings, the party initiating the claim must send the responding party a written notice of the existence and nature of any dispute ("Notice of Dispute"). Within fifteen days after delivery of the Notice of Dispute, the parties in dispute shall each (a) appoint an attorney specializing in commercial law in Illinois for a continuous period immediately preceding the date of delivery of the Notice of Dispute of not less than five years, but who has never represented or acted on behalf of either of the parties and (b) deliver written notice of the identity of such attorney and a true and correct copy of his or her written acceptance of such appointment to the other party. Within fifteen days after such appointment and notice, the appointed arbitrators shall meet and agree to the appointment of a third arbitrator who has been actively engaged in commercial law in Illinois for at least the five immediately preceding years and shall deliver written notice of the identity of such third arbitrator and a true and correct copy of his or her written acceptance of such appointment to each of the parties. If either party fails to appoint an arbitrator as provided in this paragraph, then the arbitrator appointed by the other party shall be the sole arbitrator and shall arbitrate the dispute in accordance with the provisions of this paragraph.
The parties agree to abide by the decision of such arbitration. There shall be no appeal from any decision of the arbitrator(s) other than for fraud and misconduct. The decision of the arbitration shall be in writing. The decision of the arbitrator(s) may be filed with the clerk of one or more courts, state or federal, having jurisdiction over the party against whom the decision is rendered or its property as a basis of judgment and the issuance of execution for collection of any monetary award contained in the decision.
BY EXECUTING THIS AGREEMENT YOU ARE AGREEING TO HAVE ANY DISPUTE CONCERNING THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY EXECUTING THIS AGREEMENT, YOU ARE GIVING UP YOUR JUDICIAL RIGHT TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
YOU HAVE READ AND UNDERSTAND THE ABOVE AND AGREE TO SUBMIT DISPUTES CONCERNING THIS AGREEMENT TO NEUTRAL ARBITRATION.
Notwithstanding the above, with respect to any right or obligation for which there would exist as a matter of law a right to injunctive or similar equitable relief predicated upon a showing of irreparable injury, such matter (including the related legal claim) may be submitted to any court of competent jurisdiction in Illinois. You and Moody Yard Sales agree to submit to the personal jurisdiction of the courts located within the State of Illinois.
This Agreement shall be governed in all respects by the laws of the State of Illinois. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Moody Yard Sales in our sole discretion, 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. Sections entitled Release, License, Access and Interference, Liability Limit, Indemnity and Resolution of Disputes shall survive any termination or expiration of this Agreement. Moody Yard Sales reserves the right to alter this document at any time.
If Moody Yard Sales commences an action, arbitration, or takes any other steps to enforce the terms of this Agreement or for breach by you of any of the terms of this Agreement, then Moody Yard Sales shall be entitled to receive its reasonable attorneys' fees and other costs and expenses incurred in connection with the prosecution or defense of such action.
Animal & Gun Policy
Puppy sales are allowed to be sold up to $50. We recognize that pets need homes, and thus we allow individual adoption postings for under $100 for dogs over one year of age. Anything else that may have the appearance otherwise will likely be flagged and removed. Additionally, stud services are prohibited. All animal sales are forbidden on military bases/posts (it's illegal). The breeding and raising of pets on Government property for the express purpose of profit is prohibited. All pet listings must have prices. If there is no price, then it must explicitly say "FREE". No wanted listings for pets may be posted.
Any questions about these Terms should be directed to us at: firstname.lastname@example.org
Enjoy Moody Yard Sales!