Terms and Conditions of Use

 

The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between you and FES Associates LLC, 5507-10 Nesconset Highway #123, Mount Sinai, NY 11766,  (“uRummage”), operator of uRummage.com (the “Site”).  By using the Site, you agree to be bound by and accept the terms of this Agreement.

 

uRummage may alter the terms of this Agreement from time to time with prior notice to you.  No alteration of this Agreement by you will be binding upon uRummage except as expressly agreed in writing signed by an authorized agent of uRummage.

 

Please read this Agreement carefully.  This Agreement limits uRummage’s liability and may substantively affect your rights.

 

1.  Listing and Non-Listing Site Content

 

            uRummage publishes information provided to it by third parties regarding rummage sales, garage sales, liquidation sales, craft fairs, tag sales, yard sales and the like (“Listings”).  uRummage is not affiliated with any party providing Listings, is not involved in any transactions between users of the Site regarding Listings, and acts only as a venue for Listings.  uRummage does not warrant the truth or accuracy of Listings contained on the Site. 

 

            uRummage uses its best efforts to ensure the accuracy of all information not contained in Listings (“Non-Listing Content”) that is provided by uRummage. 

 

            You agree to release and hold harmless uRummage for any damages arising out of false or inaccurate content contained on the Site, whether such content is contained in Listings or Non-Listing Content.        

 

            uRummage may alter without prior notice to you any Listing which in its opinion is false, inaccurate or materially misleading on its face.  uRummage may remove without prior notice to you any material from any Listing which in its sole opinion is profane or offensive to other users of the Site.

                                                                                               

2.  Offsite Links

 

            The Site may contain links to world wide web content which is not a part of the Site.  You agree and acknowledge that uRummage is not responsible for such content.

 

3.  Use of the Site

 

            You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without uRummage’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in uRummage’s sole discretion, an unreasonable or disproportionately large load on uRummage’s servers or other infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site, except for your own reasonable personal use, without the prior express written permission of uRummage; or (iii) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site.

 

            You agree to use the Site only for lawful purposes, and agree to comply with all applicable laws and regulations in connection with your use of the Site.

 

4.  Termination of Use

 

            uRummage may at its sole discretion terminate or limit your use of the Site for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in uRummage’s sole opinion adversely impacts the operation of the Site.  uRummage may so terminate or limit your use of the Site without prior notice to you.  If such termination or limitation is for reasonable cause, uRummage will not be obligated to refund any fees paid by you.

 

5.  Privacy

 

            uRummage does not distribute, sell or rent your personal information to third parties.  uRummage collects only users’ names, postal and e-mail addresses and a password for the Site.  uRummage uses user-specific and aggregate information only for purposes directly relating to operation of the Site, including but not limited to marketing of the Site. 

                                                                                                           

            uRummage will make its best efforts to maintain all user information securely.  You agree to release and hold harmless uRummage for any damages arising out of any failure of such efforts.

 

6.  Intellectual Property

 

            The Site contains intellectual property that is subject to various protections under applicable state and federal law.  You agree not to violate any valid intellectual property rights in connection with your use of the Site.

 

            “uRummage” and “uRummage.com” are trademarks of FES Associates LLC.  Non-Listing Content and Site layout are copyright FES Associates LLC.  The visual appearance of the Site is protected trade dress of FES Associates LLC under 15 U.S.C. § 1125 et seq.

 

7.  Services

 

            uRummage provides services in connection with the Site, including but not limited to e-mail notifications, image downloading and Listing publication.  uRummage will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses).  You agree to release and hold harmless uRummage for any damages arising out of your use of the Site, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Site.

 

8.  Warranties

 

            URUMMAGE HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE SITE.