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THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU WILL BE GRANTED ACCESS TO THE EXCHANGE SERVICES OF GENTLY-USED.COM

Welcome to the User Agreement (the "Agreement" or "User Agreement") for Gently-Used.com. The laws and regulations of the State of California and the United States govern the terms of this Agreement.

This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.Gently-Used.com. If you do not agree to be bound by these terms and conditions, do not use or access our services.

If you have any questions, please contact gentlyused@e-worksmedia.com

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, the Terms of Use and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Gently-Used.com We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and Websites referred to in this document, as they may contain further terms and conditions that apply to you.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site.

This Agreement is effective upon acceptance in registration for new registering users, and is effective on August 15, 2004.

1. Membership Eligibility is Limited to Age 18 and Older.
Our services are available only to, and may only be used by individuals who are age 18 or older. Our services are not available to children (persons under the age of 18) or emancipated minors. Breach of this requirement will result in temporarily or indefinitely suspended membership in Gently-Used.com.
If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Gently-Used.com account (including feedback) and User ID may not be transferred or sold to another party.
2. Fees and Services.
We do not accept payment for goods from Buyers or Sellers, or intervene in disputes between Buyers and Sellers.
3. Gently-Used.com is a venue only.
Gently-Used.com is a venue for advertising only used baby, child or maternal goods. We are not involved in the actual transaction between Buyers and Sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of Sellers to offer items or the ability of Buyers to receive the goods. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the Seller to the Buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which the Seller transfers legal ownership of an item upon physical delivery of the item to the Buyer.
4. Identify Verification.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Gently-Used.com cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
5. Release.
Because we are a venue, in the event that you have a dispute with one or more users, you release Gently-Used.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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."
6. Information Control.
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Gently-Used.com is not responsible for the acts or omissions of users on the Site.
7. Sales Transactions.
Seller's Responsibilities
Once a Seller opens an account, you are bound to accept the sales transaction as posted. Gently-Used.com is not responsible for any agreements regarding price or shipping between the Seller and Buyer.

Seller is responsible for notifying Gently-Used.com if the goods advertised are sold through another venue and requesting that the goods be removed from Gently-Used.com.

Buyer's Responsibilities
By clicking on the acceptance button on the Exchange Shopping Cart, Buyer agrees to be bound by the conditions of exchange included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless the Seller and the Buyer agree otherwise in a separate written agreement, the Buyer will become the item's lawful owner at the price agreed upon and with physical receipt of the item from the Seller, in accordance with Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2). Exchanges are not retractable unless a clear typographical error has been made, you cannot authenticate the Seller's or Buyer's identity; or when the Seller does not conform to the terms of delivery agreed upon for the item. Once delivered, the sale is final.

Gently-Used.com is not responsible if items listed for sale are no longer available, are not in good working order, for variations in price resulting from agreements made between Buyer and Seller outside of the terms listed on Gently-Used.com, or for resolving any disputes that arise between Buyer and Seller.
8.

Listing Goods for Sale.
You must be legally able to sell the item(s) you list for exchange on the Site, implying that you are currently the true and rightful owner of the goods. You must describe your item and all terms of exchange on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the exchange of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical

9. Fraud.
Without limiting any other remedies, Gently-Used.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site
10. Your Information.
Definition. "Your Information" is defined as any information you provide to us or other users in the registration or exchange process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
11. Information About Others.
As a user of this Site, you agree not to disclose any information that is part of Your Information about an exchange partner to any third party for marketing purposes.
12. Restricted Activities.
Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Your goods and listings may not link directly or indirectly or include descriptions of goods or services that are prohibited under this Agreement or that you do not have a right to link to or sell. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
13. License.
You license Gently-Used.com to post your listing solely to enable to use the information you supply us with, so that we are not violating any rights you might have in that information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Gently-Used.com will only use Your Information in accordance with our Privacy Policy.
14.

Access and Interference.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Gently-Used.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior written permission of Gently-Used.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

15. Cancellation of Membership.
Without limiting other remedies, we may limit your activity, immediately remove your exchange requests or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
16. Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle.
17. No Warranty.
THE OFFICERS, DIRECTORS, SUPPLIERS AND EMPLOYEES OF GENTLY-USED.COM PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS 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.
18. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS 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 $100. 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.
19. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, 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.
20. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your exchange of goods, listing, solicitation of offers to exchange and shipping.
21. No Agency.
You and Gently-Used.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
22. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Gently-Used.com, 41750 Rancho Las Palmas Drive, Building D, Suite 1, Rancho Mirage, CA 92270 or to the Site user at the address provided in the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Gently-Used.com in Your Information. In such case, notice shall be deemed given 3 days after the date of mailing.
23. Resolution of Disputes between Buyers and Sellers.
Gently-Used.com disclaims any responsibility for resolving disputes between Buyers and Sellers of goods to be exchanged. All exchange agreements are made at your own risk. Buyers and Sellers must resolve disputes independently of Gently-Used.com.
24. Resolution of Disputes with Gently-Used.com.
You agree that any disputes with Gently-Used.com regarding the Site must be resolved by binding arbitration. Administered by the American Aribitration Association or JAMS according to their recent applicable rules, or in mediation provided by any other mutually agreed upon ADR provider. Any judgment or agreement reached shall be binding on both parties. Any judgment on the award rendered by an arbitrator may be entered in any court having jurisdiction over the dispute. If any disputes cannot be resolved through mediation, each party will be responsible for his or her own attorney's fees as required to complete the process of binding arbitration.
25. Any terms of this agreement that are found invalid or unenforceable by a court of law having jurisdiction shall not affect the rest of the agreement. That provision shall be struck and the rest of the agreement shall remain in effect. This agreement shall be governed by the laws of the State of California.
26. Gently-Used.com does not guarantee uninterrupted or secure access to our services, and operation of this Site may be interrupted or interfered with by factors outside our control.
27.

This Agreement shall be considered set forth in its entirety. No oral agreements or writings other than those named in this document shall be considered part of this Agreement.

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