iGearList Terms of Use
Agreement**Last updated on 6/2/07** The following is the terms of the agreement between iGearList and the user ("User") of any and all functions, content, features or services (collectively referred to as the "Service" or "Services") on iGearList.com including but not limited to: classifieds (posting, reading, buying and selling), forums, blog, links to other sites, content, and shopping through the iGearList’s affiliate programs. Use of this websites implies your acceptance of the following terms. If you do not agree with the Terms and Conditions of iGearList, please stop using the Services. Please read these terms carefully:
- Introduction User agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, Services and information provided by or through the iGearList ("Site"). This Contract constitutes the entire and only agreement between iGearList and User, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. User agrees to review this Contract prior to usage of the Site any use of the Site shall be deemed acceptance of this Contract. Upon notice published over the Service, iGearList may modify this Contract.
- Privacy and Security Privacy Policy: The full text describing the iGearList Privacy Policy is found on the Privacy Policy page (http://www.igearlist.com/privacypolicy.html). User Responsibility: Your User account is password protected. User agrees to keep his or her password confidential and to notify iGearList within 24 hours of any breach of this Contract or unauthorized use of the password. iGearList does not protect User from unauthorized use of User's password. The User understands that by placing an ad in the iGearList classifieds, the information stated in the ad is public. iGearList is not responsible for any such personal information you post in your ad or elsewhere in iGearList. Please consider this before you post information such as your email address or phone number. iGearList is not responsible for any wanted or unwanted phone calls or emails, or the content of phone calls or emails that you may receive as a result of posting your personal information on iGearList. Security: iGearList takes security precautions to protect our user information and treats this very seriously. We limit the access to your information to those employees who need access to perform their job function such as our customer service personnel or database update maintenance. iGearList cannot guarantee ultimate and complete security of your user name, email and password caused by breaches and systems that are beyond our control. Cookies may be used on our site. Users may optionally use a cookie to remember their password in order to automatically log in to our site. We do not and will not use cookies to collect private information from any user. iGearList reserves the right, and User authorizes iGearList, to the use and assignment of all log information regarding User's use of the Site. See our Privacy Policy for details on how we treat your personal information.
- Copyright The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a User of any such content or any part of the Site is prohibited.
- Content Disclaimers User Content: iGearList bears no responsibility for the classified ads, forum posts, blog comments, or anything else published on iGearList (collectively known as "Content") by the User. iGearList uses a self-publishing system, and does not screen all user Content before it is posted to iGearList.com. All Content posted to iGearList.com is the responsibility of the user who posted the Content and is posted at the user's own risk. By using iGearList you may encounter Content that you find objectionable, offensive, or inappropriate and you agree not to hold iGearList liable. iGearList Content: iGearList reserves the right in its sole discretion to edit, delete or modify any information or content appearing on the Site and to remove any goods and services for sale that are posted by the User, or by iGearList. Upon notice published over the Service, iGearList may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date. Links: This site contains links to other Internet sites. These links are provided as a convenience to you and are are not necessarily endorsements of products or services in such sites, and the information on these sites has not been fully examined and approved by us. These third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies and terms of use different than the terms and policies on iGearList.
- Use of Services Transactions: Any relationship that you develop through iGearList is between you and the other party involved. iGearList is not responsible or liable for any loss or damage from any dealings of any kind. If users of the site, or users and a third party on this site have a dispute, iGearList has no obligation to get involved. If a dispute does arise you hold harmless and indemnify iGearList and everyone involved or associated with iGearList. If you are a California resident you wave Civil Code Section 1542. Posting Content: You must be at least 14 years of age to post a classifieds ad on iGearList. You are solely responsible for the Content that you post on iGearList. By posting Content to any public area of iGearList, you automatically grant, and you represent and warrant that you have the right to grant, to iGearList an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and sublicenses of the foregoing. You must follow all laws (international, federal, state, local, or otherwise) when using iGearList.com and its services. iGearList reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this agreement. Code of Conduct for Content: Do not post Content that:
- Disclaimer of Warranties THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF IGEARLIST, FOR ANY REASON, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. IGEARLIST AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IGEARLIST AND USER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY. All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed.
- Limitations of Liability UNDER NO CIRCUMSTANCES SHALL IGEARLIST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF IGEARLISTHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE IGEARLIST SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE IGEARLIST SITE OR THE SERVICE, FROM INABILITY TO USE THE IGEARLIST SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE IGEARLIST SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE IGEARLIST SITE OR THE SERVICE OR ANY LINKS ON THE IGEARLIST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE IGEARLIST SITE OR THE SERVICE OR ANY LINKS ON THE IGEARLIST SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
- Indemnification User agrees to indemnify, defend and hold iGearList and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a User's violation of this Contract or use of the Site.
- General This Contract shall be treated as though it were executed and performed in Berkeley, California, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California (without regard to conflict of law principles). Any cause of action of User with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Berkeley, California, and User expressly submits to the jurisdiction of said courts and User consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the iGearList is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of iGearList to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- Violation You understand that because damages are often difficult to quantify that if it becomes necessary to pursue any action to enforce these Terms of Use, you will be liable to pay iGearList any and all costs including but not limited to attorneys fees. Otherwise, you agree to pay iGearList's damages, to the extent that actual damages can be reasonably calculated.
- Displays pornographic or sexually explicit material of any kind
- Promotes an illegal or unauthorized copy of another person's copyrighted work - Is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- Harasses or advocates harassment of another person
- Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- Provides instructional information about illegal activities
- Advertises commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, and pyramid schemes Spam: Sending unsolicited emails through the iGearList mailing system is not allowed. Any unauthorized use of iGearList computer systems is not allowed and may be a violation of federal and state laws: Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Violations may result in civil and criminal penalties. Other Malicious Use: Do not interfere with or cause disruption of iGearList Services including servers or networks connected to iGearList Services. Automated generation of Content or use of robots, spiders, site search application, or other devices to retrieve or index any portion of iGearList Services or collect information about users for any unauthorized purposes is prohibited. Transmission of any viruses, worms, defects, or any items of a destructive nature is prohibited. Personal Use Only: The Services and information found on iGearList are intended for your personal, non-commercial use only within the copyright laws and terms set forth on this website. Right to Refuse: iGearList reserves the right in its sole discretion to refuse service at any time. iGearList may review and delete any content or Users that in the sole judgment of iGearList and it's employees violate this Agreement or may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other User(s).