Description of the Site.
Toolzdo.com directly connects users with local individuals or businesses to rent, swap, or give away items. The Site acts as a facilitator of rental services between those of its Users desiring to provide rental of a listed product to other Users and those Users seeking to rent such a product. The Site provides an electronic web-based platform for exchanging information between renters of products. The Site does not represent either party in specific transactions and does not charge any commissions from completing such transactions. As a result, the Site does not control and is not liable to or responsible for the quality, safety, legality, or availability of said products offered for rental on the Site, or the ability of either party to complete a rental transaction. Registered Members are solely responsible for all of the terms and conditions of the transactions conducted on, through, or as a result of use of the Site, including, but not limited to, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation, and storage. Use of the Site is free, and does not require registration; however the Site offers additional benefits to "Free Registered Members", including, but not limited to, searching the entire Toolzdo inventory of offered items; uploading to the Site items for private inventory or public display; offering to rent, swap, share, and give away items; and viewing and participating in community applications. Free Registered Members also have full access to "public" items, and limited access to items designated "private" by the item owner; and may display and edit descriptions, specifications, and images, list one rental or swap item; and upload unlimited items for private inventory or as FREE Items. Free Registered Members may become "Exclusive Members" by upgrading to a paid premium membership with additional benefits, including but not limited to viewing and instantly requesting any item from the entire inventory of items on the Site; and displaying and editing descriptions, specifications, and images; listing multiple rental or swap items, based on the listing plan that they select; and uploading unlimited items for private inventory or as FREE Items. All Registered Members (both "Free Registered Members" and "Exclusive Members", hereinafter referred to jointly as "Registered Members") may communicate with other Registered Members, create an individual profile, and be allowed to list rental items on the Site.
- 1. Modification. We may modify this Agreement from time-to-time and such Modification shall be effective upon posting on the Site. Your continued use of this website after posting of a revised Agreement signifies your acceptance of it. Therefore, it is important that you review this Agreement regularly to remain abreast of any changes. The Effective Date of this Agreement is February 10, 2009.
- 2. Eligibility. Use of this website and Membership registration is void where prohibited by law. By registering for Membership in the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information by promptly notifying us of any change in such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your profile and listings may be deleted and your Membership terminated without warning if we believe that you have failed to meet the above-stated eligibility requirements. If the Registered Member is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business (not a branch or regional office) of such business entity; and (c) all other information submitted to us during the registration process is true, accurate, current, and complete.
- 3. Term, Termination, and Cancellation. This Agreement, and any posted revisions, shall remain in full force and effect while you are a Registered Member. You may terminate your Membership at any time, for any reason. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. We reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. We reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated this Agreement.
- 4. Fees. You acknowledge that we reserve the right to charge fees for the use of any portion of the Site and to change the amount of such fees (if any) from time-to-time in our discretion. If we terminate your Membership because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of such fees or payments (if any). We also reserve the right to change or modify any benefits associated with the payment of such fees, from time-to-time, in our discretion. We may, at our discretion, add or delete features and services.
- 5. Password. Upon becoming a Registered Member, you will be asked to choose a password. You agree not to use the account, username, or password of any other Registered Member at any time. You are entirely responsible for maintaining the confi dentiality of your password, and agree not to disclose your password. You agree to notify us immediately if you suspect any unauthorized account use or access to your password. You are solely responsible for any and all use of your account, whether or not authorized by you. You authorize us to accept any use of the Site through your account as being used by you, or someone authorized to act for you, and agree to be liable for any Member Content posted using your account and for any transactions associated with your account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you. You hereby agrees that we shall not be liable for any loss or damages arising from the your failure to comply with this paragraph.
- 6. Unauthorized Use by Registered Members. We reserve the right to take appropriate legal
action for any illegal or unauthorized use of the Site, whether by Registered Members or other
Users. Use of our Site is for noncommercial purposes only.
- 6.1. Commercial Content and Spamming. We reserve the right, in our sole discretion, to remove commercial content posted by Registered Members. Illegal and/or unauthorized use of the Site, including collecting usernames, user IDs, and/or e-mail addresses of Registered Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of, or linking to, the Site is prohibited and may result in termination of Membership privileges.
- 6.2. Feedback System. Registered Members hereby agree not to undermine the integrity of the Site's feedback system, including, but not limited to leaving unwarranted negative feedback for Registered Members or leaving positive feedback for their own accounts through secondary Registered Member IDs or third-parties.
- 7. Modifications to the Site. We reserve the right, from time-to-time, to modify, discontinue, restrict, or block access to, all or part of the Site, temporarily or permanently, without notice. We may, temporarily or permanently, modify or remove part or all of your Member Content from the Site, at any time, without notice. Such actions on our part will not result in any liability to you, or any third-party, or affect our license to Member Content. Member Content is any content of any nature, submitted or uploaded to the Site by any Registered Member, including but not limited to, rental listings, contact information, personal information, photographs, pictures, sound recordings or movies, in any digital or computer file format. We assume no responsibility for the deletion of or failure to store your Member Content. We further reserves the right to introduce new features, functionalities or applications to the Site or to future versions of the Site. All new features, functionalities, applications, Modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by us.
- 8. Licensing Rights of Member Content
- 8.1. Your Rights. We do not claim any ownership rights in any content, including but not limited to, text, files, images, photos, video, audio, music, works of authorship, applications, or any other materials (collectively referred to as "Member Content") that you post on the Site; you continue to retain any such rights that you may have in your Member Content, subject to the limited license below.
- 8.2. Limited License. By displaying or publishing ("posting") any Member Content on the Site, you hereby grant us a limited license to use, modify, transmit, delete from, add to, publicly perform, publicly display, reproduce, distribute, and create derivative works from such Member Content solely on the Site. The license you grant us is nonexclusive (meaning that you are free to license your Member Content to anyone else in addition to us), fully-paid and royalty-free (meaning that we are not required to pay you for the use of such Member Content on the Site), sub-licensable (through unlimited levels of sublicense), and worldwide. You also hereby waive any moral rights you may have in such Member Content under the laws of any jurisdiction.
- 8.3. Representations & Warranties. You represent and warrant that: (a) you own, or have all necessary rights to post, the Member Content posted by you on the Site, and (b) such posting does not violate the privacy rights, publicity rights, copyrights, contract rights, moral rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Member Content posted by you on or through the Site.
- 9. Protection of Site Content. Our Site Content is protected by copyright, trademark, patent, trade secret, and other laws. We hereby grant you a limited, revocable, non-transferable, nonsublicensable, nonexclusive license to reproduce and display such Content (excluding any software code) solely for your personal, noncommercial use in connection with viewing and/or using our website. Except as provided within this Agreement, you may not copy, modify, reproduce, translate, publish, broadcast, transmit, distribute, perform, display, sell, or prepare derivative works of any Content appearing on or through the Site. Etoolbay, Inc. is the sole owner or lawful licensee of all the rights to the Site. The Site embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site shall remain with Etoolbay, Inc. or its affiliates. All rights not otherwise claimed under this Agreement or by Etoolbay, Inc. are hereby reserved. "ETOOLBAY", "TOOLZDO", and "TOOLZDO.COM" and related icons and logos are trademarks or service marks of Etoolbay, Inc. and are protected under applicable copyright, trademark, and other intellectual property laws. The unauthorized copying, Modification, use or publication of these marks is strictly prohibited.
- 10. Content Posted by Registered Members, Site Monitoring.
- 10.1. We reserve the right, in our sole discretion, to reject, refuse to post, or delete any content for any or no reason, including Member Content that, in our sole judgment, violates this Agreement, or which may be offensive, illegal, or violate the rights of any person or entity, or harm or threaten the safety of any person or entity, without prior notice or explanation to you, and without liability to us.
- 10.2. We assumes no responsibility for monitoring the Site for inappropriate content posted by Registered Members or for inappropriate conduct by Registered Members. We do not endorse, verify, or otherwise certify the contents of any comments or other material or information made by any Registered Member. Registered Members are solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information posted by them. If, at any time, we choose in our sole discretion, to monitor the Site, we nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of any Registered Member submitting any such Member Content, nor will such exercise of discretion create or impose any continuing responsibility or obligation on our part to monitor the Site. All members are encouraged to review our Community Guidelines (insert hyperlink).
- 10.3. Use of E-Mail and Instant Messaging Services. Registered Members may not use any e-mail account or Instant Messaging service provided by the Site for spam; spim; chain letters; the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, defamatory, threatening, or otherwise objectionable material of any kind or nature; or to distribute, transmit, or circulate any unsolicited advertising or promotional information. We reserve the right to suspend or terminate a Registered Member's e-mail or Instant Messaging privileges at any time, for any reason.
- 10.4. Use of Discussion Boards on the Site. The Site provides discussion boards to promote and encourage open, honest, and respectful communication among Registered Members. Registered Members are prohibited from using the discussion boards as a marketing. Under no circumstances will we 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 the discussion boards by Registered Members.
- 11. Prohibited Content. You agree not to post to the Site any prohibited Member
Content. We reserve the right to (1) investigate and take appropriate legal action against
anyone who, in our sole discretion, violates this provision; (2) remove such offending
content from the Site; and (3) terminate the Membership of such violators. Prohibited
content includes, but is not limited to, Member Content that, in our sole judgment:
- 11.1. consists of any item that is restricted or prohibited by a federal, state or local law in any jurisdiction, regardless of whether you reside in that jurisdiction. Our Site functions as a worldwide marketplace; thus the rental or posting of items may be prohibited by laws outside of the jurisdiction where you reside
- 11.2. consists of offers to buy or sell items through our Site, or offers to rent items you do not own; or involves commercial activities and/or sales without our prior written consent
- 11.3. is false, misleading, tortious, defamatory, libelous, vulgar, or obscene
- 11.4. is harmful threatening, abusive, harassing, hateful, or racially, religiously, ethnically, or otherwise objectionable; or promotes racism, bigotry, hatred, or physical harm against any group or individual
- 11.5. is sexually or violently exploitative; or contains nudity, excessive violence, offensive subject matter, or hyper links to an adult website; while we realize that standards to evaluate pornography and obscenity are by their nature subjective, nonetheless we reserve the right to act as the sole arbiter of what material falls within this category
- 11.6. violates the privacy rights, moral rights, publicity rights, copyrights (including, but not limited to, unauthorized, pirated, duplicated, backup, bootleg copies of software programs, video games, music, movies, television programs, photographs or other protected works), trademark rights (including, but not limited to the listing of counterfeits, nonlicensed replicas, or unauthorized items, such as counterfeit designer garments, watches, handbags, sunglasses, or other accessories), contract rights, trade secrets, or any other rights of any person or entity
- 11.7. consists of descramblers, smart cards, smart card programmers, hardware or software DSS emulators, or other items that can be used to gain unauthorized access to television programming (such as satellite and cable TV), Internet access, telephone, data or other protected, restricted, or premium services
- 11.8. consists of drugs (legal or illegal), drug paraphernalia, or prescription veterinary products and drugs
- 11.9. consists of fi rearms, ammunition, or weapons of any kind, including, but not limited to hand guns, rifl es, knives, stun guns, BB guns, pellet guns, air guns, assault weapons, grenades, replica or imitation weapons
- 11.10. furthers or promotes illegal activities, or 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
- 11.11. solicits personal information from anyone under 18; or solicits passwords from other Registered Members, or personally identifi able information from other Users (whether or not they are Registered Members)
- 11.12. consists of data or information obtained through access that was not authorized by the owner of the data or information, including, but not limited to, information obtained by hacking or unauthorized access to a computer in violation of the Computer Fraud and Abuse Act, and mailing lists that contain personally identifi able information including names, addresses, phone numbers, fax numbers and email addresses
- 11.13. consists of services to be performed by a human being or group of human beings, including, but not limited to, job postings, medical or healthcare services, offers of child labor, or offers of prostitution or sexual services (including, but not limited to phone sex, escort, or massage)
- 11.14. constitutes fake identification cards or articles of clothing or identification that claim to be, or appear similar to, official government uniforms, including, but not limited to, law enforcement badges or official law enforcement equipment
- 11.15. constitutes hazardous or dangerous materials, including, but not limited to, explosives, radioactive materials, flammable gases, liquids and solids, and toxic substances
- 11.16. consists of offers to rent any animal or livestock
- 11.17. attempts to solicit business from any Users in connection with a commercial activity that competes with the Site or links directly or indirectly to any Website that competes with the Site
- 11.18. links directly or indirectly to any Website that offers goods or services that violate any law or regulation or would be otherwise prohibited under this Agreement
- 12. Prohibited Activities. We reserve the right to investigate and take appropriate legal action against
anyone who, in our sole discretion, violates this provision, including without limitation, reporting
such individuals to law enforcement authorities. Prohibited activity includes, but is not limited to:
- 12.1. listing an item that does not exist or is otherwise not available for rental, including, but not limited to, listing an item you do not own or do not have the right to rent to others
- 12.2. fraudulently listing or misrepresenting an item; or failing to indicate truthfully all specific terms, features, and characteristics of the rental item essential for making a an informed decision; or listing an item in an inappropriate category
- 12.3. listing contact details with the intent to enable Users to establish direct contact with a lister outside of the Site (e.g., name, phone & fax numbers, e-mail, website URLs, or links to social networks), whether, including, but not limited to, in the description, special instructions, deposit, terms of the rental item. or member profile announcement, causes, or tags
- 12.4. failing to reply promptly to rental agreements made with other Registered Members
- 12.5. criminal or tortious activity
- 12.6. spamming (Registered Members may not use any e-mail account, Instant Messaging service, or any other communication service provided by the Site to spam; in order to protect Registered Members from such advertising or solicitation, we reserve the right to restrict the number of e-mails that a Registered Member may send in any 24-hour period. If you breach this Agreement and send unsolicited bulk e-mail, instant messages or other unauthorized commercial communications of any kind through our services, you acknowledge that you will have caused substantial harm to us, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay us $50 for each individual unsolicited e-mail or other unauthorized commercial communication that you send through our services)
- 12.7. advertising to, or solicitation of, any Registered Member to buy or sell any products or services through the unauthorized or impermissible use of the Site
- 12.8. transmitting or using malware, viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network
- 12.9. actual or attempted circumvention or Modification of any security technology or software that is part of the Site; or interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site; or altering information on or obtained from the Site
- 12.10. using any automated means (for example, robot, spider, scraper) to extract data or gather or use information from the Site (for example, e-mail addresses) or transmit any unsolicited advertising or spam
- 12.11. copyright, trademark, or patent infringement; or theft of trade secrets
- 12.12. covering or obscuring the banner ads on any page of the Site, including, but not limited to, your personal profile page
- 12.13. framing any part of the Site or otherwise making it appear as if you have a relationship with us, or that we have endorsed you or your website, unless you have written permission from us to do so
- 12.14. impersonating or attempting to impersonate another Registered Member, person, or entity; or using the account, username, or password of another Registered Member at any time; or disclosing your password to any third-party or permitting any third-party to access your account; or impersonating any other person or entity, including impersonating an employee or consultant of the Site
- 12.15. using the Site in a manner inconsistent with any and all applicable laws and regulations.
- 13. Copyrights / Intellectual Property. We respect the intellectual property of others, and require
that our Registered Members do likewise. You may not upload, embed, post, e-mail, transmit, or
otherwise make available any material that infringes any copyright, patent, trademark, trade secret,
or other proprietary or intellectual property rights of any person or entity. We reserve the right to
terminate the Membership of infringers.
If you believe that your work has been posted on the Site in a manner constituting copyright infringement and you want us to take down or disable the infringement, please notify us at the address below by providing our copyright agent with the following information in writing: (1) identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (2) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (for example, providing the URL(s) of the claimed infringing material); (3) your contact information (address, phone number, and e-mail address); (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (6) the physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee. This information requested is intended to conform substantially to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A). Any notification by a copyright owner or a person authorized to act on the copyright owner's behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon Etoolbay, Inc. actual knowledge of facts or circumstances from which infringing material or acts are evident.
Our designated agent to receive notification of claimed infringement can be reached at: Copyright Agent, Etoolbay, Inc., 4921 NW 48th Ave., Coconut Creek, FL 33073.
- 16. Disclaimers. You hereby agree that in no event shall we be liable to you or any third parties
for any inability to use the Site, whether due to disruption, changes to or termination of the Site
or otherwise (including, but not limited to: forces or causes beyond our control; Internet failures;
computer, telecommunications or any other equipment failures; electrical power failures; strikes,
labor disputes, riots, insurrections, or civil disturbances; shortages of labor or materials; fires,
flood, storms, explosions, and other Acts of God; war, governmental actions, orders of domestic
or foreign courts or tribunals or non-performance of third parties), or any delays, inaccuracies,
errors or omissions with respect to any communications or transmission or delivery of all or any
part thereof, or any damage (direct, indirect, consequential, or otherwise) arising from the use of
or inability to use the Site. Under no circumstances shall we be responsible for any loss or damage,
including personal injury or death, resulting from use of the Site, from any Registered Member
Content posted on the Site, or from the conduct of any Users of the Site, whether online or offline,
including, but not limited to, any harm that may result from the rental of products listed on the Site.
We expressly disclaim any warranty of fi tness for a particular purpose or non-infringement.
- 16.1 Registered Member E-Mail Accounts and Instant Messaging Services. A web-based e-mail account with limited storage space, and/or Instant Messaging service may be assigned to the Registered Members to send or receive email. Registered Members shall be responsible for all uses and the content of all the messages communicated through such e-mail account or Instant Messaging service, as well as the consequences of any such communications. While we make available to our Registered Members e-mail accounts and/or Instant Messaging services in order for Registered Members to communicate with one another, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or loss of any communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software; or for failure of any e-mail due to technical problems or traffic congestion on the Internet or on any portion of the Site.
- 16.2 Customer Support. We are under no obligation to provide customer support. However, if we do, in our sole discretion, choose to provide customer support, that exercise of discretion shall not create any obligation to provide ongoing support or to provide additional support in the future. All information and/or other content posted on the Site or otherwise provided by the Site's service team is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice, or a legal opinion. Registered Members are encouraged to seek independent professional advice in such situations.
- 17. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU
AGREE THAT NEITHER TOOLZDO.COM, ETOOLBAY, INC., NOR THEIR SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND
SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE
LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS,
LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL, OR ANY
OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR
PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL
THE AGGREGATE LIABILITY TO YOU OF TOOLZDO.COM AND ETOOLBAY, INC., AND
THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE ARE NOT LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR RESULTING FROM ANY GOODS OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- 18. Disputes Between Members. In the event that any Registered Member has a dispute with any party to a transaction, such Registered Member agrees to release and indemnify us (and our agents, affiliates, directors, officers, and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental, or consequential damages) arising out of or in connection with such transaction. You acknowledge that you are fully assuming the risks of any transactions entered into with other Registered Members of this Site, including, but not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. You agree that we shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of, or in connection, with such transactions.
- 19. Disputes Between Yourself and Etoolbay, Inc. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within the State of Florida to resolve any dispute arising out of this Agreement or use of the Site. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
- 20. Indemnification. You agree to indemnify and hold harmless us, our affiliates, and respective officers, directors, agents, attorneys, partners, and employees, from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Site in violation of this Agreement, and/or any breach of your representations and warranties set forth in this Agreement, and/or if any Content that you post on or through the Site causes us to incur liability. In the event that you and any User have a mutual dispute arising from any transaction conducted through our Site, such you agree to release and indemnify us (and our affiliates, and respective officers, directors, agents, attorneys, partners, and employees) from all claims, demands, actions, proceedings, costs, expenses, and damages (including but not limited to, any actual, special, incidental, or consequential damages) arising out of or in connection with such transaction.
If you have any questions regarding this Agreement, please contact us at: Etoolbay, Inc., 4921 NW 48th Ave., Coconut Creek, FL 33073.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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