Terms of Use
Welcome to Relify.com (the "Site"), a site run by Relify.com Inc., a Maryland corporation (hereinafter Relify.com). Any person or entity who wishes to access the Site to provide or obtain goods and or property or services on the Site (collectively, the "Services") must accept the terms and conditions of this Agreement, without change.
PLEASE REVIEW THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
Relify.com reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time at (
http://www.relify.com/termsofuse.aspx).
YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING RELIFY'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
1. Eligibility. Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to Relify.com that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law.
2. Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines for conducting and participating in the Services contained elsewhere in the Site, which are incorporated by reference into, and made part of, this Agreement. The policies, procedures and guidelines contained explain the processes and set out acceptable conduct and prohibited practices. These policies, procedures and guidelines may be changed by Relify.com in the future, and will be effective immediately upon posting, without notice to you. You should regularly refer to these policies, procedures and guidelines to understand the current procedures and guidelines for participating in the Site and Services.
3. Relify.com’s Role and Responsibilities. Relify.com facilitates the provision of services and goods and or property. It does not view, verify, assure title, or take possession of the services or goods and or property. Relify.com takes no responsibility whatsoever for services or goods and or property, or for the descriptions thereof, their condition or availability as stated on the Site. Nor does Relify.com take responsibility for claims or promises to provide or accept services or goods and or property, nor for the method or expense of doing so. You agree to hold Relify.com harmless for any activity or claims arising from your use of the Site, the Services and/or the services and goods and or property.
4. Relify.com’s Reservation of Rights. Relify.com retains the right, but does not have the obligation, to immediately halt the provision or acceptance of any goods and or property or services, prevent or restrict access to the Site or the Services or to take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items or any items otherwise prohibited by the Site’s procedures and guidelines, and to correct any inaccurate listing or any inappropriately categorized items, or to take any action with regard to the Site it may in its sole and absolute discretion desire for any reason.
5. Your Transactions and Obligations. You may create or assume obligations to others by accessing the Site, and by providing or accepting goods and or property or services. By listing goods and or property or services, you represent and warrant you have the right and ability to provide the goods and or property and services, and that the listing thereof is accurate, current and complete and is not misleading or otherwise deceptive. You agree that it is the obligation of the party providing and accepting services and goods and or property to determine whether sales or use or other taxes apply to transactions and to collect, report and remit the correct tax to the appropriate tax authority. You also agree that Relify.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use or other taxes arising from any transaction.
6. Password Security. Your password may be used only to access the Site, use the Services, electronically sign your transactions where applicable and to review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
7. Illegal Activity. Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and the provision and or acceptance of goods and or property and or services. You may not register under a false name or use an invalid or unauthorized credit card. You may not engage in any activity or transaction under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct may be a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Relify.com may cooperate to ensure that violators are prosecuted to the fullest extent of the law.
8. Breach. Without limiting other remedies, Relify.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of the Site and or refuse to provide Relify.com’s services to you: (a) if you breach this Agreement or the terms of any documents it incorporates by reference; (b) if Relify.com is unable to verify or authenticate any information you provide to Relify.com; or (c) if Relify.com believes that your actions may cause legal liability or expense for you, other Relify.com users or Relify.com.
9. Privacy Policy. Relify.com is committed to protecting your privacy. Click here [link to existing privacy policy] for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. Relify.com may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by Relify.com except to enter into and complete authorized transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our privacy or other policies as they exist and as they may be amended from time to time.
10. Investigation. As permitted by applicable law and consistent with our Privacy Policy, Relify.com has the right, but not the obligation, to monitor any activity and content associated with the Site. Relify.com may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings. Relify.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
11. Disclosure of Information. As permitted by applicable law, Relify.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Relify.com systems and users, to allow users to resolve disputes, or to ensure the integrity and operation of Relify.com’s business and systems or other purposes deemed reasonable by Relify.com, Relify.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
12. No Warranties. The Site and the Services are provided on an Aas is@ basis. Your use of and reliance thereon are at your own and sole risk. Relify.com makes no other representations or warranties of any kind, express or implied, including, without limitation:
(h) The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
(i) That the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
(j) The information, content, materials, or products included in the Services on the Site will be as represented by the providers of goods and or property or services, that they will be available, lawful , or that users of the Services and those accepting goods and or property and or services will perform as promised;
(k) Any implied warranty arising from course of dealing or usage of trade; and
(l) Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Relify.com.
(M) All the information should be verified and is deemed reliable but is not guaranteed
To the full extent permissible under applicable law, Relify.com disclaims any and all such warranties. No advice or information, whether oral or written, which you obtain from Relify.com or through the use of the Services shall create any warranty not expressly stated in this Agreement.
13. General Release. Because Relify.com is not involved in transactions between those providing services and or goods and or property and those accepting services and or goods and or property or in the use of the Services, if a dispute arises between one or more participants, each of you release Relify.com and its parents, subsidiaries, divisions, affiliates, principals, officers, directors, trustees, beneficiaries, employees, servants, and agents (jointly and severally referred to in these Terms of Use as AReleasee@) from claims, demands, damages (actual and consequential), and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, (including without limitation legal fees and court costs) arising out of or in any way connected with such disputes. In consideration for your use of the Site and/or the Services, you hereby unconditionally and irrevocably release, discharge, acquit, and forgive and hold harmless Releasee from all actions, causes of action, suits, debts, liabilities, contracts, obligations, controversies, judgments, executions, claims, losses, costs (including without limitation legal fees and court costs), and demands both in law and in equity (including, without limitation, copyright, trademark, publicity, and other claims) which you may have against Releasee, whether asserted or unasserted, known or unknown, arising out of your use of the Site and/or the Services. If you are a California resident, you waive California Civil Code '1542, which says: AA 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.@ You, being aware of said code section, hereby exclusively waive any rights you may have there under, as well as any other statutes or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this Agreement, and that without such waiver, this Agreement would not have been entered into by Relify.com.
14. Limitation of Liability. Relify.com shall not be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, punitive and consequential damages, arising out of or in connection with this Agreement, the Site, the Services, the inability to use the Services, or those resulting from any goods and or property or services purchased or obtained or messages received or transactions entered into through the Services, whether such damages arise under theory of contract, tort (including negligence), strict liability or otherwise.
15. Indemnity. You agree to defend, indemnify and hold Releasee harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to attorneys= fees and court costs) arising from or in connection with (a) your use of the Site and any transaction or thing pertaining thereto or to the goods and or property or services being provided or accepted thereon, (b) your breach of this Agreement, including the documents incorporated by reference; (c) your violation of any state, federal, foreign, or international laws, codes, or regulations; and/or (d) your violation of any third party=s rights, including, but not limited to, infringement of any copyright, violation of any proprietary right, and invasion of any privacy rights. This obligation will survive the termination of this Agreement.
16. Applicable Law. The laws of the State of Maryland govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Any action which may be brought under the terms of this Agreement or pertaining to the Site or the goods and or property and or services being offered or accepted therein shall be brought exclusively in the state or federal courts of the State of Maryland and you consent to the jurisdiction and venue of said courts; provided that Relify.com may in its sole discretion elect to arbitrate the subject of such action in accordance with the Rules of the American Arbitration Association. You agree to bear all costs of arbitration, including the costs of Relify.com’s legal fees and all related arbitration costs.[].
17. Service User Disputes. Because Relify.com is not involved in the actual transaction between Service users, and is not the agent of Service users for any purpose, Relify.com does not have the duty to resolve and will not be involved in resolving any disputes between Service users related to or arising out of any transaction. Relify.com urges Service users to cooperate with each other to resolve such disputes. In the event that Relify.com is included or contacted about any such dispute, Relify.com may forward the matter to its attorneys. You agree that you shall pay the full costs, including legal fees, court, and other costs which might arise by reason of Relify.com being included in such dispute and which may arise as a result of a referral of a dispute to Relify.com’s legal counsel.
18. Grant of Licenses. By entering into this Agreement and listing any item, you grant, and warranty the grant to, Relify.com and its affiliates a non-exclusive, world-wide, royalty-free, irrevocable, right to exercise all copyright, trademark rights, and rights of publicity over the material displayed in your listings, bids, or purchases in any existing or future media, known or unknown, now or at any later date. This grant shall be limited to Relify.com's and its affiliates' use of your materials in connection with the Site and the Services, which may include advertising and promotion for the Site and the Services. You represent and warrant that you own or otherwise control all of the rights to the materials displayed in your listings, and that the use of such materials by Relify.com and its affiliates will not infringe upon or violate the rights of any third party.
19. Termination. Relify.com, in its sole discretion, may terminate or modify this Agreement, or access to the Site or the Services, or the services or goods and or property, immediately, and with or without notice for any reason, and shall not thereby incur any liability to you.
20. Copyright. If you believe that you have been defamed in some manner by the Site or your own work has been copied in a way that constitutes copyright infringement, please provide Relify.com’s Copyright Agent the following information in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and email address; (ii) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the Site; (iii) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (iv) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorized agent to at on the copyright owner's or allegedly defamed person's behalf.
Relify.com’s Copyright Agent to receive the foregoing information related to copyright infringement or defamation on the Site is:
Name of Copyright Agent---Upon Request
21. Entire Agreement. This Agreement, and the general terms and conditions set forth on the Site, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
22. No Agency; Third-Party Beneficiary. Relify.com is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Relify.com, you, and relying users of the Site and/or the Services.
23. Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
24. No Waiver. Relify.com's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Relify.com's right to subsequently enforce such provision or any other provisions of this Agreement.
25. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, administrators, executors, personal representatives and heirs.
By clicking on the I agree button below, Releasor agrees to all terms listed herein. Such clicking shall be equivalent to a signature.
G I agree to these Terms of Use by using the website and or by checking this box to become a registered user of the Site.