Red Stick FreeUse Network
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NOTE: Please replace the term 'freecycle' in the following with the term 'freeuse'.
Terms of Service
THE FOLLOWING DESCRIBES THE TERMS ON WHICH RED STICK FREECYCLE OFFERS YOU ACCESS TO OUR SITE.
Welcome to the Terms of Service ("TOS" or "Terms") for the Red Stick Freecycle Network ("Red Stick Freecycle" or "RSFN"). 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 at redstickfreecycle-owner@yahoogroups.com.
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 Red Stick Freecycle 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 Red Stick Freecycle user. By accepting these TOS, you also agree that your use of other Red Stick Freecycle
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 July 14, 2004, 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 Red Stick Freecycle is free. We do NOT charge fees (AND WE NEVER WILL...FREECYCLING IN BATON
ROUGE 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. Red Stick Freecycle is a Venue
3.1 Red Stick Freecycle 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 Red Stick Freecycle 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 out Safety Tips.
The Red Stick Freecycle Network 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.
3.3 Release.
In the event that you have a dispute with one or more offerers and/or seekers, you will release Red Stick Freecycle Network 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 Red Stick Freecycle Network is not responsible for the acts or omissions of users,
including our own, if any, on the Sites.
4. Listing
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 RSFN home
page. Please contact the moderator to discuss this further, if necessary.
4.2 Fraud
Without limiting any other remedies, Red Stick Freecycle Network 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. Red Stick Freecycle Network
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
5.1 Definition
"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 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 and shall be distributed only to people legally permitted to receive such content;
(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 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 redstickfree.org.
6. Breach
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.
7. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes. All users of the Sites and Red Stick Freecycle 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). Red Stick Freecycle 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 Red Stick Freecycle
Network.
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. Red Stick Freecycle is a passive conduit for
freecycling (free recycling) 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.).
10. Indemnity
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 RSFN see the list of Prohibited or Restricted Items and contact the moderator, owner or director
of RSFN to receive clarification of these items.
12. No Agency
You and Red Stick Freecycle 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.
13. Notices
Except as explicitly stated otherwise, any notices shall be given by email to tampatyger@yahoo.com (in the case of Red Stick Freecycle) or to the email
address you provide to Red Stick Freecycle 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. Red Stick Freecycle, 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 Red Stick Freecycle is under no obligation whatsoever to give you notice of anything.
14. Resolution of Disputes
In the event a dispute arises between you and Red Stick Freecycle, our goal is to provide you with a neutral and cost effective means of resolving the
dispute quickly. Accordingly, you and Red Stick Freecycle 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
litigation.
14.1 Binding Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) you or Red Stick Freecycle 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 jurisdiction thereof.
14.2 Court
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Baton Rouge, Louisiana. You and Red Stick Freecycle agree
to submit to the personal jurisdiction of the courts located within the parish of East Baton Rouge Parish, Louisiana.
14.3 Alternative Dispute Resolution
Alternatively, Red Stick Freecycle 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.
16. General
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 Red Stick Freecycle 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.
18. Disclosures
The services hereunder are offered by Red Stick Freecycle, 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. Red Stick Freecycle Network 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.