FREEUSE.ORG: THE FREEUSE NETWORK
|...the simple, age-old principle that's changing the world one gift at a time.
Terms of Service
THE FOLLOWING DESCRIBES THE TERMS ON WHICH TFN OFFERS YOU ACCESS TO OUR SITE.
Welcome to the Terms of Service ("TOS" or "Terms") for The FreeUse Network ("TFN"). This TOS describes the terms and
conditions applicable to your use of our services available under the domain and sub-domains of http://www.redstickfree.org
and http://groups.yahoo.com/group/RedStickFreecycle (the "Sites"). If you do not agree to be bound by the terms and
conditions of these TOS, do not use or access our services. If you have any questions, please contact the group moderators
You must read, agree with and accept all of the terms and conditions contained in the TOS, which include those terms and
conditions expressly set out below and those incorporated by reference, before you may become a member of The FreeUse
Network. We strongly recommend that, as you read these TOS, 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 as
a TFN user. By accepting these TOS, you also agree that your use of other TFN websites will be governed by the TOS
posted on those websites. We may amend the TOS at any time by posting the amended terms on the Sites. Except as stated
below, all amended terms shall automatically be effective immediately after they are posted on the Sites. The TOS is
effective upon accessing the Sites and/or acceptance in registration for new registering users, and is otherwise effective on
November 1, 2005, for all users.
1. Membership Eligibility
Our services are not available to children (persons under the age of 18). 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 Sites. If you are registering as a business entity, you represent that you have the authority to bind the entity to the
TOS under applicable Louisiana law.
2. Fees and Services
Joining and offering or looking for FREE items at TFN is free. We do NOT charge fees (AND WE NEVER WILL...FREEUSING
WILL ALWAYS BE FREE!) for listing items as an "OFFER" or requesting items via a "SEEK" through our Sites. Let me
reiterate, whatever you do here, it will be FREE.
3.TFN is a Venue
3.1 TFN is not a Buyer, a Seller, or an Auctioneer
The Sites act as venues to allow anyone to offer and to seek just about any legal thing, at anytime and from anywhere. We
are not involved in the actual transaction between offerers (people who offer something) and seekers (people who want
something). 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 offerers to offer items or the ability of seekers to obtain items. We cannot ensure that offerers and
seekers will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the offerers and
seekers, and nothing in these TOS shall modify the governing provisions of applicable Louisiana law. No sales occur on
these sites, and none are intended to occur anywhere as a result of using the Sites.
3.2 Identity Verification and Safety Issues
We use no techniques to verify the accuracy of the information our users provide us when they register on the Sites. User
verification on the Internet is difficult, and TFN cannot and does not make any effort whatsoever to confirm each user's
purported identity. You alone must evaluate with whom you are dealing on line. We also encourage you to communicate
directly with potential offerers and seekers through the tools available on the Sites. You should never agree to meet
potential offerers and seekers alone. You may wish to consider using a very public third party location for all exchanges. For
more information on safety, please refer to or Safety Tips.
The TFN doesn't assume responsibility for its list members' safety. While we will remove members who act inappropriately,
we do not screen potential members or monitor individual members' transactions off-list. Ultimately, individuals are
responsible for taking the proper precautions when meeting with fellow list members and giving/receiving items.
In the event that you have a dispute with one or more offerers and/or seekers, you will release TFN and anyone who in any
way, shape, or form assisted or assists in the creation, maintenance, and publication of the site (and our spouses, officers,
directors, agents, subsidiaries, joint ventures, employees and volunteers) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, and
whether or not caused by our own negligence or the negligence of anyone else, arising out of or in any way connected with
such disputes and/or use of the Sites.
3.4 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 use safe
exchange practices when using the Sites. 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 these Sites, you agree to accept such risks and TFN is not responsible for the acts or omissions of users, including our
own, if any, on the Sites.
4.1 Listing Description
You must be legally able to transfer or give away for FREE the item(s) you list on the Sites. You must describe your item on
the listing page of the Site. Your listings may only include text descriptions relevant to that item. You may offer pictures of
the items(s) listed via your own email or post on some other website suited for such purposes. Under certain circumstances,
you may request that pictures be temporarily uploaded to a file at the TFN group home page. Please contact the moderator
to discuss this further, if necessary.
Without limiting any other remedies, TFN 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 Sites.
TFN may suspend or terminate your use of the Sites for any reason whatsoever without prior notice or actual notice of any
kind, whether fraud related or not.
5. Your Information
"Your information" is defined as any information you provide to us or other users in the registration, or listing process, in any
public message 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.
5.2 Restricted Activities
Your information (or any items listed) and your activities on the Sites shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or
(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 and shall be distributed only to people legally permitted to receive such
(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
(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 these TOS; or
(bb) you do not have a right to link to or include.
Furthermore, you may not list any item on the Sites (or consummate any transaction that was initiated using our service)
that, by the act of listing could cause us to violate or place us in violation of any applicable law, statute, ordinance or
regulation, or that violates any applicable federal or state law. For more information on prohibited and restricted items,
please see the appropriate file at www.FreeUse.org.
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of
your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your use of the Sites and refuse to
provide our services to you if:
(a) you breach these TOS or the documents it incorporates by reference, including our Guidelines and Restricted Items;
(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, or for any other reason
whatsoever, as stated throughout these TOS and the published Sites.
We do not sell or rent your personal information to third parties for their marketing purposes. All users of the Sites and TFN
are bound by the Yahoo Groups policies on privacy, whatever they may be at any point in time. Said Yahoo Groups policies
are beyond our control and we are bound by them by use of their FREE Yahoo Groups Site. We view protection of users'
privacy as a very important community principle. If you object to your information being viewed online or elsewhere,
transferred or used in this way please do not use our services, but this information will only be made available through your
direct action (e.g., when you post a message that contains your return email address). The FreeUse Network will not make
the list of members available to any other members (i.e., it is kept hidden), except for approved moderators or owners or
directors of TFN.
8. No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND OUR SUPPLIERS PROVIDE OUR
WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR
STATUTORY. TFN is a passive conduit for freeusing (free reusing) information only.
9. Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, 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 THESE TOS (HOWEVER ARISING, INCLUDING
NEGLIGENCE OF OTHERS AND OUR OWN 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 AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY (Well, that would be zero, wouldn't it?...since we will never charge for services.).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents,
employees, and volunteers harmless from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the Sites and/or breach of these TOS or the documents it incorporates by reference,
or your violation of any law or the rights of a third party.
11. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your
use of our Sites. For more information on items that are restricted or prohibited from TFN see the list of Prohibited or
Restricted Items and contact the moderator, owner or director of TFN to receive clarification of these items.
12. No Agency
You and TFN are completely unrelated and independent entities, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by these TOS.
Except as explicitly stated otherwise, any notices shall be given by email to firstname.lastname@example.org (in the case of TFN) or
to the email address you provide to TFN during the registration process (in your case). Notice shall be deemed given 24
hours after email is sent, unless the sending party is notified that the email address is invalid. TFN, as stated elsewhere in
these TOS and on the Sites, reserves the right to cancel your use of the Sites without any notice or explanation whatsoever.
Your use of the Sites and services establish your understanding and agreement that TFN is under no obligation whatsoever
to give you notice of anything.
14. Resolution of Disputes
In the event a dispute arises between you and TFN, our goal is to provide you with a neutral and cost effective means of
resolving the dispute quickly. Accordingly, you and TFN agree that any claim or controversy at law or equity that arises out
of these TOS and/or your use of the Sites and/or the services it provides ("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 alternative dispute resolution procedures, such as mediation, as an alternative to
14.1 Binding Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) you or TFN may elect to resolve the dispute through
binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person
appearance is required. Any judgment on the award rendered by the arbitrator may be entered in any court having
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Baton Rouge, Louisiana. You
and TFN agree to submit to the personal jurisdiction of the courts located within the parish of East Baton Rouge Parish,
14.3 Alternative Dispute Resolution
Alternatively, TFN will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in
Baton Rouge, Louisiana, or another location mutually agreed upon by the parties.
15. Additional Terms
Each of these TOS terms may be changed from time to time and are effective immediately after we post the changes on
the Sites, and/or they are changed on the Yahoo Groups Site. In addition, when using particular services on the Sites, you
agree that you are subject to any posted policies or rules applicable to services you use through the Sites, which may be
posted from time to time. All such posted policies or rules are hereby incorporated by reference into these TOS.
These TOS shall be governed in all respects by the laws of the State of Louisiana, as such laws are applied to agreements
entered into and to be performed entirely within Louisiana and between Louisiana residents. We do not guarantee
continuous, uninterrupted or secure access to our services, and operation of the Sites may be interfered with by numerous
factors outside of our control. If any provision of these TOS is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. You agree that these TOS and all incorporated agreements may be
automatically assigned by TFN in accordance with Section 13 "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. These
TOS set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 3.4
(Release), 5.3 (License), 9 (Liability Limit), 10 (Indemnity) and 14 (Resolution of Disputes) shall survive any termination or
expiration of these TOS.
The services hereunder are offered by TFN, located at: http://groups.yahoo.com/group/RedStickFreecycle/. Commercially
available parental control protections (such as computer hardware, software, or filtering services) are commercially
available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more
about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information
on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of
the SafetySurf.com Internet site, services, or policies.TFN is not affiliated with SafetySurf.com. Disputes between you and
other users of the Sites should be reported. We encourage you to report all user-to-user disputes to your local law
enforcement agency or to the postmaster general.