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TERMS AND CONDITIONS By registering as a member of this web site, you agree to the following terms and conditions: Application. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.cyclematters.com ("the Site"). If you object to the terms and conditions of this Agreement, please refrain from utilizing our services because this agreement is a waiver of any and all right to sue us for damages incurred as a result of your use of the Site. Binding Effect. You are deemed to have read and accepted all of the terms and conditions contained in this Member Agreement and Privacy Policy, before you became a member of the the Site. Changes to this Agreement. From time to time, we may amend this Policy by posting the amended terms on the Site. New terms will be effective immediately. If you have opted to receive such notices, you will also receive a notice of policy changes via email. This agreement is effective as of November 1, 2008. Membership. Use of the Site is restricted to individuals that are 18 years of age or older. Individuals under the age of 18 may use the Site with the supervision of a parent or guardian. Members who are eligible to use the Site are hereinafter referred to as "Eligible Members". Members may request removal of their name and personal information from the Site at anytime. Cycle Matters, LLC will attempt to honor all such requests as expeditiously as possible. Site Fees. Any eligible person may browse and utilize the Site at no charge. Members may upgrade any postings they place on the Site in order to receive added benefits as described on the Site. Fees and Services. Eligible Members may browse the Site at no charge. Eligible Members who wish to upgrade postings they publish on the Site are subject to applicable fees outlined within the corresponding section of the Site. Non-Involvement in Disputes. Neither Cycle Matters, LLC, nor any of its Site partners are brokers, agents or auctioneers. We provide software to enable individuals to place advertisements and other postings of products, services and events in an automated and efficient manner. To that extent, you should treat us no differently than you would a newspaper service. We are a medium by which you may interact with and conduct transactions between Eligible Members. We will not become involved in any dispute between Eligible Members.Cycle Matters, LLC will not resolve any disputes between members. Members are responsible for all dispute resolution and engage in transactions and sales at their own risk. Cycle Matters, LLC will facilitate resolution of disputes by providing information to interested parties upon request. No Warranty on Items or Listings. We do not warrant the quality, appropriateness or legality of an item, service or event posted for sale on this site. In addition, we do not warrant the accuracy or truth of any listing in our service. Waiver and Release. Member hereby waives and releases any and all claims, demands, causes of action or rights to sue for damages against Cycle Matters, LLC and its Site partners (including each party's officers, directors, subsidiaries, joint ventures and employees) for the actions of Eligible Members, whether or not in connection with a transaction hosted on this web site. Cycle Matters, LLC hereby disclaims any and all warranty, whether express or implied, in connection with your use of this web site to perform classified ad or auction transactions. If you are a California resident, you waive any rights you may have under California Civil Code 1542, which provides that: "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." Member Ratings or Speech. Neither Cycle Matters, LLC nor its Site partners have control over ratings provided by Eligible Members. You may disagree with such ratings or find them inappropriate. This is a risk you take by participating in the member services of the Site. By using the Site, you agree to accept these risks and understand and agree that neither Cycle Matters, LLC nor its Site partners are responsible for the statements, acts, allegations or omissions of Eligible Members made on the Site. Notwithstanding the foregoing, Cycle Matters, LLC employs a staff of moderators who will take steps to maintain decorum in certain sections of the Site. You agree not to take any actions that are calculated to or would forseeably compromise the value and integrity of our member rating system. If your feedback rating is negative, your membership may be suspended or revoked in our sole discretion. Listing and Selling. By listing an item, service or event on the Site, you are warranting that you have legal title or legal authority to sell the item contained in the listing. Listings must comply with the applicable listing rules for advertising. The listing rules are incorporated herein by reference as if fully set forth herein. Misconduct and Fraud. Cycle Matters, LLC will not tolerate fraud in the Site. Even the appearance of impropriety can disrupt the integrity of the Site. Accordingly, any Eligible Member we suspect of engaging in fraudulent conduct (whether or not we prove such conduct) may have their listings removed (with NO REFUND) and/or have his/her account suspended or revoked. Fraud or misconduct shall be deemed to include (but shall not be limited to) the items specified in each applicable area of the Site or the general rules set forth below: Misrepresentation within the context of any listing, communication or transaction - Transactional interference - Fee avoidance - Fraud of any type - Breach of contract - Sale of counterfeit or stolen items - Harassment of members - Libelous or slanderous communication - Posting of obscene content - Infringement of any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy - Violation of any law of the United States or of any of its constituent states. Cycle Matters, LLC may, in its sole discretion, take whatever action it deems necessary to maintain the propriety and integrity of the Site, even if such action includes suspension or permanent revocation of your privileges here. YOU DO NOT HAVE THE LEGAL RIGHT TO PARTICIPATE ON THIS SITE. YOU HAVE A PRIVILEGE AND A LICENSE, WHICH MAY BE REVOKED AT ANY TIME. Outages. We do not warrant or guarantee uninterrupted access to our services. Indeed, our site will be taken offline briefly for routine maintenance and/or backup regularly and in cases beyond our control, for periods of time we are not able to estimate. Nonetheless, we do promise to make reasonable efforts to bring our services back online as soon as possible after any planned or unplanned outage. Limited License. To enable us to provide services to you without fear of suit for doing so, you hereby grant Cycle Matters, LLC and its Site partners a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right to use, publish and transmit your personal information within the limitations set forth herein. We will only use your personal information in accordance with the herein. PRIVACY SECTION Your privacy is paramount to us. We do not transmit, sell, rent or otherwise disseminate your personal information to third parties for any purpose without your approval. Stored Information & Non-Disclosure. Cycle Matters, LLC owns and operates the service that you are using. Any personal information we collect during the course of your visits to our service ("Personal Information") is used solely to provide you the services we offer in the most efficient and effective manner. We do not use Personal Information for any purpose other than to provide you the highest quality service while you are visiting our web site. Personal Information is stored on separate secure database servers protected by measures (including encryption and Secure Sockets Layers) designed to offer the highest levels of security. By providing your Personal Information, you consent to our use of same, but for the sole purpose of providing you with the services you request or authorize on the site. In addition, we may use "aggregate data" that we collect anonymously from our entire user base (e.g. the percentage of users from California) in order to generate marketing and demographic information. Nothing in this policy prohibits our use of aggregate data, provided that no information unique to any specific user is utilized without the user's specific consent. Cookies and Other Tracking Mechanisms In order to provide you with a seamless experience, we utilize cookie and session tracking technology, which allows you to move from page to page without having to login each time you view another page. In addition, this information allows us to pre-populate fields and in general make your browsing experience more friendly. We do not track your browsing outside of our web site or for any other purpose than to provide you with marketplace services. Use of Your Information by Other Members - Risk & Punishment In the ordinary course of business in our marketplace, you will be given communication access to other members. In addition, with respect to classified ads and closed auctions, you will be privy to other members' Personal Information to a limited extent. By registering with us, you understand that there are risks in providing your Personal Information to any individual with whom you have had limited or even extensive dealings. You also understand and agree that neither Cycle Matters, LLC, nor its Site partners have any liability whatsoever for the acts of other members in connection with their use of your Personal Information. If you are wary of other members having access to your information upon conclusion of an auction or during the course of negotiating a transaction, you should not use this service. Cycle Matters, LLC and its partners offer this service as a mechanism and marketplace through which legally consenting adults may conduct business at their own risk. Notwithstanding the foregoing, Cycle Matters, LLC has developed and will continue to develop and provide safeguards for its members. Cycle Matters, LLC encourages use of a reputable escrow agent in connection with high-dollar sales. For additional information about ways to safeguard your Personal Information and transactions, refer to our Buyer and Seller Resources page. By registering with this site, you agree to use other members' Personal Information solely for the purpose of conducting transactions related to merchandise offered in the Site unless otherwise authorized by the member whose information you are using. Under no circumstances are you permitted to utilize member information or contact links to solicit or otherwise harass fellow members. Under no circumstances may any member "spam" any other member. Failure to abide by this provision may result in a suspension or permanent revocation of your account. Maintain & Safeguard Your Account Information You are fully responsible for all charges, bids, offers and other actions that occur while logged in to the site, whether or not you choose to share your login information with any third party. DO NOT give out your username or password to anyone. Make sure your information is up to date. If you sell items in our marketplace, ensure that your credit card information is current. Failure to do so could result in service interruption and possible disruption of an in-process auction. You are responsible for maintaining your account information using the "My Account" button on the Site. For security reasons, we will generally NOT respond to emails requesting updates of personal account information. At your request, we will deactivate your account. Simply send an email to "deactivate@cyclematters.com". Changes to our Policy From time to time, we may amend this Policy by posting the amend terms on our web site. New terms will be effective immediately. If you have opted to receive such notices, you will also receive a notice of policy changes via email. Underage Users Persons under the age of 18 may not become registered members of the Site. Individuals under the age of 18 must be supervised by a parent or guardian. Disputes Cycle Matters, LLC will not resolve any disputes between members. Members are responsible for all dispute resolution and engage in auctions and sales at their own risk. Cycle Matters, LLC will facilitate resolution of disputes by providing information to interested parties upon request. Member hereby waives any and all claims, causes of action or rights to sue Cycle Matters, LLC or its partners for the actions of other members, whether or not in connection with a transaction hosted on this web site. Cycle Matters, LLC hereby disclaims any and all warranty, whether express or implied, in connection with your use of this web site to perform transactions. No Warranty. Cycle Matters, LLC, OUR Site PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES AND OUR SUPPLIERS (COLLECTIVELY, "PROVIDERS") PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. Limitation of Liability. IN NO EVENT SHALL PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN CONNECTION WITH THE ACTION GIVING RISE TO LIABILITY, AND (B) $150. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Indemnity. You agree to indemnify and hold Providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. No Agency. You and Providers are independent contractors. As such,no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notices. Except as explicitly provided to the contrary, any notices to Cycle Matters shall be given by postal mail to Cycle Matters, LLC, P.O. Box 270684, Lousville, Colorado 80027or to support@cyclematters.com. Notices to you shall be delivered in accordance with your opt-in preferences to the email address you provide in your account. Resolution of Disputes. All disputes between you and Cycle Matters, LLC (or any of the Site partners) that cannot be resolved through ordinary business means, ("Claims") shall be resolved through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. The arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event that either party seeks redress in a court of competent jurisdiction, venue shall be laid in the county in which the defendant resides. By bringing an action in court, you agree to submit yourself to the personal jurisdiction of the Courts of the State of Colorado. This Agreement shall be governed in all respects by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.