User Agreement
Last Updated: November 15, 2007

Welcome to iReuse. The following User Agreement (the "Agreement" or "User Agreement") for iReuse LLC ("iReuse") describes the terms and conditions applicable to your use of our services available under the domain www.iReuse.com or any sub domain of iReuse Sites (the "Site"). Please read the terms and conditions set forth in this Agreement very carefully. Your use of any part of the Site will constitute your agreement to comply with these terms and conditions as well as the iReuse Privacy Policy. If you post an item to the iReuse system you also agree not to post any item listed on the iReuse Prohibited Items list. If you do not agree with the following terms and conditions or any of the related Policies or Agreements in their entirety, do not use or access the Site. If you believe that any content on the Site (including, without limitation, specific items posted on the Site, content associated with a specific item, or the activity or another user of the Site) violates any of the following terms and conditions or any of the related Policies or Agreements in their entirety, please E-Mail support@ireuse.com immediately.

If you have any questions regarding this User Agreement, please E-Mail support@ireuse.com . In order to become a registered User you must read, agree with, and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy.

1. Definitions
   
   In the terms "User", "you", and "your" refer to the individual or organization that uses the iReuse Site or becomes a registered User and the terms "iReuse", "we", "us", and "our" will refer to iReuse LLC. "Terms", "Terms and conditions", or "TOS" refer to the terms and conditions contained in this User Agreement. "Poster", "Seller" or "donor" refer to the individual or organization which is posting an item on the iReuse Site through the iReuse Marketplace, the iReuse Now tool, or using any other iReuse service to remove surplus material. "Taker" or "Buyer" refer to the individual or organization which has agreed to take an item from a Poster for the agreed upon price set by the Poster which may either be a fixed price or for free.
   
   
2. Right of Modification
   
   iReuse reserves the right to change, revise or modify the User Agreement or any of the related Policies or Agreements at any time and at its sole discretion by posting the amended terms on the Site. The date of the most recent revisions will appear on the applicable document. All changes to this User Agreement or related Agreements and the Privacy Policy shall be effective immediately upon posting of the revisions on the Site. Your continued use of the Site will signify your acceptance of the revised terms and conditions, Privacy Policy, and related Agreements. If you do not accept the revised terms and conditions, Privacy Policy, or related Agreements, your sole and exclusive remedy is to discontinue using the Site. The latest terms of service, Privacy Policy, and related Agreements will be posted on the Site, and you should always review them prior to using the Site. iReuse reserves the right, in its sole discretion, to modify or discontinue the Services, for any reason, without notice.
   
   
3. User Eligibility
   
   Our services are available only to, and may only be used by individuals who can form and perform under legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended iReuse Users. If you are 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 iReuse account and User Name may not be transferred or sold to another party. If you are registering as a business entity, nonprofit, or any other organization, you represent that you have the authority to bind the entity to this Agreement.
   
   
4. Fees and Services
   
   Becoming a registered User is free, creating a wishlist is free, and searching for available items is free. Posting items on the Site or using one of the various iReuse services such as iReuse Now or iReuse Connect may have a fee associated with it to use the service. You may find most service rates available on the Site or by contacting an iReuse customer service representative. You may request additional information and support from an iReuse customer service representative by emailing support@ireuse.com . We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service or enhance our existing service, the fees for that service are effective at the launch of the new service or at the launch of the new enhancements.
   
   
5. iReuse Services
   
   iReuse is not an Auctioneer. The Site acts as a venue to allow anyone to sell, give away, get rid of, take, and buy just about anything, at anytime, from anywhere, in a fixed price, bid, or donation format. We are not involved in the actual transaction or exchange between Posters and Takers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, your personal safety during an item exchange, the ability of Posters to post items or the ability of Takers to take items. We cannot ensure that a Taker or Poster will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the Poster to the Taker, 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 legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
   
   
6. Identity 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, iReuse cannot and does not confirm each User's purported identity. We encourage you to communicate directly with other Site Users through E-Mail or the tools available on the Site.
   
   iReuse does not verify whether a User is a charitable nonprofit, whether any nonprofit related information provided by a User is accurate, or if any User can provide a financial or tax benefit for a charitable donations. Any Poster is solely responsible for identifying and taking advantage of any potential tax benefits resulting from the donation of items to charity. iReuse is not responsible for providing any tax advice and iReuse will not be liable for any tax related information provided by iReuse or any other party. Prior to confirming any charitable donation you must ensure that the recipient of such items is able to provide you with any and all documentation and material to utilize for tax purposes.
   
   
7. Release
   
   Because we are a venue, your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that iReuse shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. In no event will iReuse be liable to you or any third party for loss of profits, loss of business, loss of use, loss of data, interruption of business, cost of procurement of substitute goods and services, or for any special, consequential, exemplary or incidental damages, arising out of or related to the use of iReuse services, however caused, and whether arising under contract, tort (including negligence) or any other theory of liability.
   
   In the event that you have a dispute with one or more Users, you release iReuse (and our officers, directors, agents, subsidiaries, joint ventures, partners 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."
   
   
8. Information Control
   
   We do not control the information provided by other Users that is made available through our service. You understand that all User information, postings, messages, questions, answers, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all User information, items or Content that you post, e-mail or otherwise make available via the Service. You understand that iReuse does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. 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. Furthermore, the iReuse Site and Content available through the Service may contain links to other websites, which are completely independent of iReuse. iReuse makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Site. Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will iReuse 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 any Content posted, e-mailed or otherwise made available via the Service. You acknowledge that iReuse does not pre-screen or approve Content or postings, but that iReuse shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content or posting that is available via the Service, for violating the letter or spirit of the Terms of this Agreement or for any other reason. By using this Site, you agree to accept such risks and iReuse is not responsible for the acts or omissions of users on the Site.
   
   
9. Taking an item
   
   

   As a Taker, you are obligated to complete the transaction with the Poster if you commit to taking a particular item or multiple items through the iReuse system and a poster commits to selling or giving you a particular item or multiple items. By selecting to take an item you agree to be bound by the conditions for taking a particular item included in the item's description so long as those conditions are not in violation of this Agreement or unlawful. Unless you and the Poster agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the Poster, in accordance with Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2). Offers are not retractable except in exceptional circumstances, such as: when the Poster materially changes the item's description after you agree to take the item; a clear typographical error is made; you cannot authenticate the Poster's identity; or when the Poster does not confirm your commitment to taking the item. If you choose to take mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items.
   
   Communication with the Poster. Once you, as the Taker, commit to taking an item posted on iReuse by another User, you and/or the Poster will be provided with the necessary information in order to coordinate payment if necessary as well as how to coordinate the item exchange date, time, and location with the Poster. If you request an item as a Taker on the iReuse site, the Poster will receive your request and will be provided with your request details and e-mail address for that particular request . The Poster will then be responsible for selecting the Taker of their choice and coordinating the payment if necessary and a mutually agreed upon item exchange location, date, and time directly with the Taker designated by the Poster to take their item.

   
   

10. Posting and Selling
    
    10.1 Posting Description- You must be legally able to sell or give away the item(s) you list on the Site. You must describe your item and all terms required for another User to request the item on the posting page of the Site. Your postings may only include text descriptions, graphics, pictures and other content relevant to the sale or donation of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.
    
    10.2 Binding Sale or donation- If you receive at least one offer at or above your stated price for an item you are obligated as the Poster to complete the transaction with the Taker who offered to take your item, unless there is an exceptional circumstance, such as: (a) the Taker fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the Taker's identity.
    
    10.3 Communication with a Taker- Once a User requests to take your item posted on iReuse, you will be provided a notice of the request for your item along with additional information to coordinate payment if necessary as well as how to coordinate the item exchange date, time, and location. If your item was posted for free, or for sale where the proceeds from the sale are going to you directly, then you will be provided with the User name and E-Mail address of the Taker in order to coordinate the payment if necessary and item exchange directly with the Taker.
    
    10.4 Fraud- Without limiting any other remedies, iReuse 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.

    
    

    10.5 Manipulation- Neither you, Poster nor Taker may manipulate the price of any item nor may you interfere with other user's listings or transactions.

    
    
11. Your Information

    
    11.1 Definition- "Your Information" is defined as any information you provide to us or other users in the registration, buying or listing process, item request process, in any public message area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

    
    11.2 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, antidiscrimination 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; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a web Site other than iReuse's (this does not prevent linking to or advertising an iReuse item from another web Site); or (dd) you do not have a right to link to or include. 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 Items list.
    
    11.3 License- Solely to enable iReuse 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. iReuse will only use Your Information in accordance with our Privacy Policy.

    
    
12. 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 iReuse 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 expressed written permission of iReuse 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.

    
    

13. Breach
    
    Without limiting other remedies, we may limit your activity, immediately remove your item postings or purchase offers, warn our group of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your User account 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.

    
    

14. 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 group principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at Privacy Policy. If you object to Your Information being transferred or used in this way please do not use our services.

    
    

15. No Warranty
    
    WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, GROUPS, COMMUNITIES, PARTNERS AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, GROUPS, COMMUNITIES, PARTNERS AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    
    
16. Limitation of Liability
    
    IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, GROUPS, COMMUNITIES, PARTNERS 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, GROUPS, COMMUNITIES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $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.
    
    
17. Indemnity
    
    You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees, communities, partners, and groups, 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.
    
    
18. Legal Compliance
    
    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your posting, purchase, taking, donating, solicitation of offers to purchase, and sale of items.
    
    
19. No Agency
    
    You and iReuse are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
    
    
20. Notices
    
    Except as explicitly stated otherwise, any notices shall be given by postal mail to iReuse Attn: iReuse Legal Department, PO Box 2358, Sausalito, CA 94966-2358 (in the case of iReuse) or to the e-mail address you provide to iReuse during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to iReuse during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
    
    
21. Resolution of Disputes
    
    In the event a dispute arises between you and iReuse, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and iReuse agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through direct negotiation first. If a dispute between you and iReuse cannot be resolved by negotiation, iReuse may, in its sole discretion, elect to use alternative forms of dispute resolution, such as mediation or biding arbitration which, if elected, shall be held in San Francisco County, California.
    
    21.1 Binding Arbitration- In such cases where iReuse believes arbitration is required, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction.
    
    21.2 Court- Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in San Francisco County , California . You and iReuse agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California
    
    
22. Additional Terms
    
    The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
    
    Privacy Policy
    Prohibited Items
    
    Each of these policies and lists may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
    
    
23. General
    
    This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. iReuse is a Federally registered Trademark and any/all use of this Trademark name is federally protected. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by iReuse in accordance with Section 18 "Notices", in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 5 (Release), 9.3 (License), 10 (Access and Interference), 14 (Liability Limit), 15 (Indemnity) and 19 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
    
    
24. Disclosures
    
    The services hereunder are offered by iReuse LLC , PO Box 2358 , Sausalito , CA 94966-2358.