END USER LICENSE AGREEMENT

YARDSALEAGENT.COM ("the Website") and accompanying documentation is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property.  YARDSALEAGENT or its subsidiaries, affiliates, and suppliers (collectively "YARDSALEAGENT") own intellectual property rights in the Website.  The Licensee's ("you" or "your") license to download, use, copy, or change the Website is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement"). 

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE WEBSITE OR BY INSTALLING, USING, OR COPYING THE WEBSITE.  YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO USE THE WEBSITE.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE WEBSITE. 

License Grant

This Agreement entitles you to use the Website.  This Agreement does not permit the making of  copies of the Website, or the copying of the Website on any computers at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers.  For further information regarding licensing of the Website, please contact licensing@yardsaleagent.com.

Restrictions on Transfer

Without first obtaining the express written consent of YARDSALEAGENT, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Website. 

Restrictions on Use

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Website. 

You may not use the database portion of the Website in connection with any software other than the Website. 

Restrictions on Alteration

You may not modify the Website or create any derivative work of the Website or its accompanying documentation.  Derivative works include but are not limited to translations.  You may not alter any files or libraries in any portion of the Website.  You may not reproduce the database portion or create any tables or reports relating to the database portion.   

Restrictions on Copying

You may not copy any part of the Website except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. 

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY YARDSALEAGENT, YARDSALEAGENT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE WEBSITE. 

YARDSALEAGENT makes no warranty that the Website will meet your requirements or operate under your specific conditions of use.  YARDSALEAGENT makes no warranty that operation of the Website will be secure, error free, or free from interruption.  YOU MUST DETERMINE WHETHER THE WEBSITE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY.  YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE WEBSITE TO MEET YOUR REQUIREMENTS.  YARDSALEAGENT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. 

UNDER NO CIRCUMSTANCES SHALL YARDSALEAGENT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE WEBSITE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF YARDSALEAGENT OR ANY OTHER PARTY, EVEN IF YARDSALEAGENT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS YARDSALEAGENT'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. 

Limitation of Remedies and Damages

All limited warranties on the Website are granted only to you and are non-transferable.  You agree to indemnify and hold YARDSALEAGENT harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.  

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of Tennessee, without regard to Tennessee's conflict or choice of law provisions.  

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.  To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.