eBabyYardSale.com is providing users with a free marketplace to buy and sell new or used baby items. Users must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for users access to the Internet, and (3) pay any fees relate with such connection.
 

The site is provided by eBabyYardSale.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, eBabyYardSale.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. eBabyYardSale.com shall have no liability for any interruptions in the use of this Website. eBabyYardSale.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
 

eBabyYardSale.com SHALL NOT be liable for any damages whatsoever, and in particular eBabyYardSale.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if EBABYYARDSALE.COM has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
 

eBabyYardSale.com is Only a Venue: Our Site acts as an open marketplace for users to buy, sell and negotiate the purchase and sale of goods with other users. eBabyYardSale.com provides only a service and is not involved in any transaction between buyers and sellers who use our Site and does not handle any goods physically. Based on same basic online verification, eBabyYardSale.com may identify some accounts as verified or unverified; however, we do not confirm the identity of our users, nor the accuracy of any listings posted on the Site. As a result, eBabyYardSale.com does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, eBabyYardSale.com does not guarantee the ability or intent of users to fulfill their obligations in any transactions. You are solely responsible for assessing the truthfulness of any buyer or seller with whom you deal, and for evaluating the accuracy of any listing posted on the Site. You agree that eBabyYardSale.com has no liability for any misrepresentation, incomplete statement or failure to disclose by any user, or for any claims arising from a transaction initiated through the Site.
 

User agrees to indemnify and hold eBabyYardSale.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of users use of the Service, the violation of this Agreement, or infringement by user, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
 

You may browse the Site for free and without registering. However, you must register as a member ("Registration") to post an ad on our Site. All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify eBabyYardSale.com of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of eBabyYardSale.com.
 

You must have the legal authority to sell the goods you are listing on our Site. You must accurately describe your item and all terms of transaction in your listing. If another user buys your item (accepts your offer), you are legally obligated to complete the transaction unless (i) the transaction is prohibited by law or this Agreement, (ii) the buyer materially modifies the terms and conditions of his or her offer, or (iii) a typographical error exists in the listing information which materially affects the terms of sale. Any listed item which is an imitation, replica, or facsimile must use the terms "imitation" or "replica" in both the title and description of the listing. Your listing title and description should never confuse buyers as to the authenticity of the item. In addition, if your item is pictured with a trademarked logo, it must be produced by that company. Images of authentic items are not permitted when selling replicas. Your pictures must be of the item you are selling. In short, be up front about the nature of the goods you are selling, and make sure your listing title is not confusing to buyers.
 

As a potential buyer, you agree to contact the seller or poster on eBabyYardSale.com only if you are interested in the posting. You agree not to contact the poster for any other reason including to conduct any spam or fraudulent activity.

In order to maintain a consistent user experience, eBabyYardSale.com prohibits the inclusion of offsite web URLs in postings on eBabyYardSale.com.
 

eBabyYardSale.com reserves the right to modify or discontinue the Service with or without notice to the Member. eBabyYardSale.com shall not be liable to Member or any third party should eBabyYardSale.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that eBabyYardSale.com not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
 

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members or Non-Members to review said privacy policies of third-parties' sites.
 

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While eBabyYardSale.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

eBabyYardSale.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
 

You agree that eBabyYardSale.com is not a party to any negotiations or transactions between the buyers and sellers who use its Site. In the event that you have a dispute with one or more users arising from any communications, negotiations, transactions, or other activities conducted or initiated through the Site or our Services, you release eBabyYardSale.com and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known or 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 Section 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 this release, which if known by him must have materially affected his settlement with the debtor."
 

Our website is operated and provided in the State of Maryland. As such, we are subject to the laws of the State of Maryland, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Maryland.
 

Members and Non-Members assume all knowledge of applicable law and is responsible for compliance with any such laws. Members and Non-Members may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Members and Non-Members further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 eBabyYardSale.com, will all rights reserved, or is the property of eBabyYardSale.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of eBabyYardSale.com is strictly prohibited. Members and Non-Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of eBabyYardSale.com.

eBabyYardSale.com may not be used in connection with any product or service that is not provided by eBabyYardSale.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits eBabyYardSale.com.

All other trademarks displayed on eBabyYardSale.com's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with eBabyYardSale.com.
 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, eBabyYardSale.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail

P.O. 1165
Owings Mills, MD 21117

By Email: info@eBabyYardSale.com

 

eBabyYardSale.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, eBabyYardSale.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by eBabyYardSale.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member and Non-Member. Member and Non-Member agrees that by accepting this Terms of Use Agreement, Member and Non-Member is consenting to the use and disclosure of their personally identifiable information and other practices.