This TOU describes your rights and responsibilities and what you can expect from the YH Website and Services. Use of the YH Website constitutes your acceptance of and agreement to this TOU.
YH reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOU, at any time and in its sole discretion, by posting a change notice or a new agreement on the YH Website. In the event of substantive changes to this TOU, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the YH Service. Your continued use of the YH Website following posting of a change notice or new TOU on the YH Website will constitute binding acceptance of the changes.
1. The YardHopping.com Service
YardHopping.com provides a number of Internet-based services through the Website. One such service enables users to post information regarding to sales, including without limitation, addresses, photos, descriptions and merchandise (collectively, "Products"). YH allows all users to browse the Website and use the information provided to find the locations of posted sales. YH may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
2. Use of the Web Site and YardHopping.com Service
YH will only knowingly provide the YH Service to parties that can lawfully enter into and form contracts under applicable law. You must be at least 18 years of age. You must comply with all of the terms and conditions of this TOU, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the YH Service and the Website.
2.1 Your License to Use the Web Site and the YH Service.
a. YH solely and exclusively owns all intellectual property and other rights, title and interest in and to the YH Service and Website, except as expressly provided for in these TOU.
b. YH grants you a limited revocable license to access and use the Website and the YH Service for its intended purposes, subject to your compliance with this TOU. If you use the Website in a manner that exceeds the scope of this license or you breach this TOU, YH may revoke the license granted to you.
2.2 Third-Party Services. YH may use third parties to provide certain services accessible through the Website. YH does not control those third parties or their services, and you agree that YH will not be liable to you in any way for your use of such services.
3. General Rules
3.1 Prohibited Use. You may only use the YH Service as expressly permitted by YardHopping.com. You may not cause harm to the Website or the YH Service.
4. Reservation of Rights
4.1 Monitoring. YH reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If YH determines, in its sole and absolute discretion, that you or another YH user breach a term or condition of this TOU, YH may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES. YH PROVIDES THE WEBSITE AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YH DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YH MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOU, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
6. Indemnification You must indemnify and hold YH and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOU through any act or omission. If you have to indemnify YH under this Section, YH will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without YH’s express written permission.