USA, Nationwide - Labor Tap

1. ACCEPTANCE OF TERMS AND CONDITIONS

Sell-A-Thingy.com and its related domain names are an online resource provided by Zabidz, LLC, a Tennessee Limited Liability Company, doing business since January 2006, (referred to hereafter as "Sell-A-Thingy"). This online resource consists of a collection of classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using any particular Sell-A-Thingy services, you agree to abide by any applicable posted guidelines for all Sell-A-Thingy services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Sell-A-Thingy in any way, your only recourse is to immediately discontinue use of Sell-A-Thingy' online resources.

2. AGREEMENT MODIFICATIONS

Sell-A-Thingy reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. BASIC AD, AD UPGRADES, PAYMENTS & REFUNDS

Sell-A-Thingy offers its basic classified ad (referred to hereafter as "Basic Ad") for FREE. This Basic Ad runs for the duration of 45 days and allows a title of 80 characters in length and a description 10,000 characters in length. There are options for upgrading the title and ad for a small fee. Before upgrades are applied to a Basic Ad, payment must be made to and received by Sell-A-Thingy using its chosen payment processor, Paypal an Ebay Company. NOTE: Sell-A-Thingy does not have access to your Paypal account, credit card or other financial information. This type of information is only stored by Paypal on their servers and service. For payment processing or related question contact Paypal directly. In any case that requires Sell-A-Thingy to cancel an ad in accordance with this TOU or you cancel an ad yourself at your own discretion THERE ARE ABSOLUTELY NO REFUNDS GIVEN FOR UPGRADE FEES PAID.

4. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Sell-A-Thingy does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Sell-A-Thingy site and Content available through the Service may contain links to other websites, which are completely independent of Sell-A-Thingy. Sell-A-Thingy makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other Websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Sell-A-Thingy be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Sell-A-Thingy does not pre-screen or approve Content, but that Sell-A-Thingy shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

5. CONDUCT

By using the Service you agree not to post, email, or otherwise make available Content

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) contact anyone who has asked not to be contacted; c) "stalk" or otherwise harass anyone; d) collect personal data about other users for commercial or unlawful purposes; e) that is pornographic or depicts a human being engaged in actual sexual conduct that Sell-A-Thingy in its own opinion deems to be sexual content. f) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; g) that impersonates any person or entity, including, but not limited to, a Sell-A-Thingy employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); h) that includes personal or identifying information about another person without that person's explicit consent; i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Sell-A-Thingy sites which are not designated for such purposes; or emailed to Sell-A-Thingy users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. m) that advertises any illegal service or the sale of any items the sale ofwhich is prohibited or restricted by any applicable federal, state and local laws. n) that contains software viruses or any other computer code, files orprograms designed to interrupt, destroy or limit the functionality of anycomputer software or hardware or telecommunications equipment; o) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negativelyaffects other users' ability to use the Service; or p) that employs misleading email addresses, or forged headers or otherwisemanipulated identifiers in order to disguise the origin of Contenttransmitted through the Service. q) use automated means, including spiders, robots, crawlers, data miningtools, or the like to download data from the Service - unless expresslypermitted by Sell-A-Thingy; r) post non-local or otherwise irrelevant Content, repeatedly post thesame or similar Content or otherwise impose an unreasonable ordisproportionately large load on our infrastructure; s) post the same item or service in more than one classified category orforum, or in more than one metropolitan area; t) attempt to gain unauthorized access to Sell-A-Thingy' computer systems orengage in any activity that disrupts, diminishes the quality of, interfereswith the performance of, or impairs the functionality of, the Service or theSell-A-Thingy website; or

6. RELEASE

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Because Sell-A-Thingy is not involved in the actual transaction between Homeowners and Home Service Pros, you agree that Sell-A-Thingy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Sell-A-Thingy is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Sell-A-Thingy, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. 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 the release, which, if known by him must have materially affected his settlement with the debtor."

7. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Sell-A-Thingy email addresses or through Sell-A-Thingy computer systems, which is expressly prohibited by these TOU, will use or cause to be used servers located in Tennessee. Any unauthorized use of Sell-A-Thingy computer systems is a violation of the TOU and certain federal and state laws, including without limitation the 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. Such violations may subject the sender and his or her agents to civil and criminal penalties.

8. PRIVACY AND INFORMATON DISCLOSURE

Sell-A-Thingy has established a Privacy Policy to explain to users how their information is collected and used. Your use of the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Sell-A-Thingy may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Sell-A-Thingy, its sers or the general public.

9. SERVICE LIMITATIONS

You acknowledge that Sell-A-Thingy may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Sell-A-Thingy has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Home Service lassifieds reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Sell-A-Thingy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. LICENSE TO ACCESS THE SERVICE

Sell-A-Thingy grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Sell-A-Thingy. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

11. RSS FEEDS

Sell-A-Thingy offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Sell-A-Thingy permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'Sell-A-Thingy' as the source, (d) your use or display does not suggest that Sell-A-Thingy promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Sell-A-Thingy' Systems. Sell-A-Thingy reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

12. LINKING

Sell-A-Thingy permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Sell-A-Thingy to do so. You may also create a hyperlink to the home page of Sell-A-Thingy sites so long as the link does not portray Sell-A-Thingy, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

13. REVOCATION OF LICENSE TO ACCESS THE SERVICE

Use of the Service beyond the scope of authorized licensed access granted to you by Sell-A-Thingy outlined in paragraphs 11, 12, and 13 immediately terminates said permission or license granted in paragraph 11.

14. COMMERCIAL LICENSE TO ACCESS THE SERVICE

In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Sell-A-Thingy.

15. CONTENT LICENSE

Although Sell-A-Thingy does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Sell-A-Thingy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Sell-A-Thingy all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

16. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Sell-A-Thingy. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Sell-A-Thingy, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

17. TERMINATION OF THE SERVICE

You agree that Sell-A-Thingy, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Sell-A-Thingy believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Sell-A-Thingy shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 5 and 9-22 shall survive termination of the TOU.

18. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SELL-A-THINGY SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SELL-A-THINGY SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SELL-A-THINGY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SELL-A-THINGY SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SELL-A-THINGY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SELL-A-THINGY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SELL-A-THINGY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SELL-A-THINGY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SELL-A-THINGY SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

19. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SELL-A-THINGY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SELL-A-THINGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SELL-A-THINGY SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SELL-A-THINGY SITE OR THE SERVICE, FROM INABILITY TO USE THE SELL-A-THINGY SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SELL-A-THINGY 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 SELL-A-THINGY SITE OR THE SERVICE OR ANY LINKS ON THE SELL-A-THINGY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SELL-A-THINGY SITE OR THE SERVICE OR ANY LINKS ON THE SELL-A-THINGY 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.

20. INDEMNITY

You agree to indemnify and hold Sell-A-Thingy, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

21. GENERAL

The TOU constitute the entire agreement between you and Sell-A-Thingy and govern your use of the Service, superseding any prior agreements between you and Sell-A-Thingy. The TOU and the relationship between you and Sell-A-Thingy shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Sell-A-Thingy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Davidson, Tennessee. The failure of Sell-A-Thingy to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.