Phoenix Freecycle Phoenix Freecycle Phoenix Stirling Law Library

FREECYCLE PHOENIX User Agreement and Privacy Policy

THE FOLLOWING DESCRIBES THE TERMS ON WHICH FREECYCLE PHOENIX OFFERS YOU ACCESS TO OUR SITE.

Welcome to the user agreement (the "Agreement" or "User Agreement") for FreeCycle Phoenix If you reside outside of the United States, the party you are contracting with is FreeCycle Phoenix. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of: http://groups.yahoo.com/group/freecyclephoenix/ (the "Site").

If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

EVERYTHING LISTED MUST BE LEGAL!

NO ADULT MATERIAL OR ANIMALS ARE ALLOWED! Violate either of these and you are gone!

NO SELLING, TRADING, OR BARTERING IS ALLOWED. You must give away your stuff for FREE!

NO ADVERTIZING SERVICES, AND NO CHATTING.

No complaints about the service.

Your access to and use of the site is dependant upon your remaining cool, calm, and collected AT ALL TIMES. You agree to be "half-full" rather than "half-empty." No member shall abuse his membership privileges in any way. Determinations of abuse will be made by the moderator, and said determination is final. There is no appeal. "Wanted" posts are discouraged, although they are permitted. Each member is limited to a single "Wanted" post per month unless said posts are simultaneously accompanied by an "Offer" made to the whole group. Private "Offers" to "Wanted" posts cannot be verified and do not constitute an "Offer." Abuse of said limit shall be sufficient grounds to ban members from the Freecycle Phoenix site. Abuse of the moderator is an automatic rules violation that will result in removal from the Freecycle Phoenix site. There is NO APPEAL.

If you have any questions, please refer questions to the moderator at bruce@stirlinglaw.com .

You must read, agree with and accept all of the terms and conditions contained in this User Agreement Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of FreeCycle Phoenix. 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 as a FreeCycle Phoenix user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other FreeCycle Phoenix websites will be governed by the User Agreement and Privacy Policy posted on those websites.

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 immediately after they are posted on the Site. This Agreement is effective upon accessing the Site and/or acceptance in registration for new registering users, and is otherwise effective on October 1, 2003, for all users.

1. Membership Eligibility.
Our services are available only to, and may only be used by individuals in the Phoenix metropolitan area in Arizona who can form legally binding contracts under applicable Arizona law. Without limiting the foregoing, 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 Site. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement under applicable Arizona law. Membership can be canceled by the moderator at any time for no reason or for any reason. No reason will be provided. Your membership will simply be canceled. There is no appeal.

2. Fees and Services.
Joining and offering or looking for FREE items at FreeCycle Phoenix is free. We do not charge fees for listing items "offered" or "wanted" through our Site and when you list an item you will not be charged any fee by FreeCycle Phoenix. We reserved the right to change this policy at any time for any reason. Our changes to the policy, if any, are effective fourteen (14) days' after we post the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees, if any, are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. There are NO FEES being charged for use of the Site, and we never anticipate any, either. If Freecycle Phoenix ever charges any fee for anything, something is wrong in America!

3. FreeCycle Phoenix is a Venue.

3.1 FreeCycle Phoenix is not a Buyer or a Seller or Auctioneer. The Site acts as a venue to allow anyone to offer just about legal thing, at anytime, and from anywhere. We are not involved in the actual transaction between transferors (people who offer something) and transferrees (people who want something). As a result, we have no control over the quality, safety, or legality of the items listed on the Site, the truth or accuracy of the listings, the ability of offerors to offer items, or the ability of wantees to obtain items. We cannot ensure that offerors and wantees will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the offerors and wantees, and nothing in this agreement shall modify the governing provisions of applicable Arizona law. No sales occur on this site, and none are intended to occur anywhere as a result of using the Site. Information published on the Freecycle Phoenix Site is written by the poster of the material, not Freecycle Phoenix, its contractors or sponsors, nor is any owner, moderator, advisor, agent, or employee liable or responsible for any warranty, expressed or implied, as to the accuracy of the material description, the suitability for a particular use, or the salability of any material offered through this service. FreeCycle Phoenix will strive to exclude materials that exhibit the characteristics of hazardous wastes (i.e. materials that are toxic, ignitiable, corrosive or reactive. However, FreeCycle Phoenix is not responsible for the determination of what may constitute a hazardous waste or create a hazardous situation. Some non-hazardous materials, such as tires and appliances, are governed by rules and regulations that restrict their disposal options. It is the responsibility of the FreeCycle Phoenix users to be familiar with any legal limitations that may exist on the exchange of any posted materials. FreeCycle Phoenix reserves the right to ban an author, to not post an offer, to delete a posting, or to edit information provided by the posting party. Freecycle Phoenix is merely a group web site sponsored on the Yahoo web site. FreeCycle Phoenix's mission includes reducing the amount of waste sent to landfills and fostering cooperation between other nonprofit organizations and the public. Freecycle Phoenix does not review, approve or have any knowledge of or make warranties for the items listed. Freecycle Phoenix only provides access to a free web site on the Yahoo domain and merely facilitates contact between individuals for the legal purposes stated herein.

3.2 Identity Verification.
We use no techniques to verify the accuracy of the information our users provide us when they register on the Site. User verification on the Internet is difficult, and FreeCycle Phoenix 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 offerors and wantees through the tools available on the Site. You should never agree to meet potential offerors and wantees alone. You may wish to consider using a very public third party location for all exchanges. All information submitted in your post to the Freecycle Phoenix web site shall remain online for an indefinite period of time. List only information you wish to make public. Freecycle Phoenix is NOT RESPONSIBLE for the removal of any information you publish to this web site. You publish your information at your OWN RISK!

3.3 Release.
Because we are a mere online bulletin board venue, in the event that you have a dispute with one or more offerors and wantees, you release FreeCycle Phoenix 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 and employees) 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 in the world, arising out of or in any way connected with such disputes and/or use of the Site. You hereby specifically waive, reject, and give up any legal right you may have which generally 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."

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 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 FreeCycle Phoenix is not responsible for the acts or omissions of users, including our own, if any, on the Site.

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 Site. You must describe your item on the listing page of the Site. Your listings may only include text descriptions relevant to that item.

4.2 Fraud.
Without limiting any other remedies, FreeCycle Phoenix may suspend or terminate your membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. FreeCycle Phoenix may suspend or terminate your use of the Site for any reason whatsoever without prior notice or actual notice of any kind, whether fraud related or not. Whether you are banned or otherwise sanctioned on the Site is not appealable. The determination of the moderator is final.

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. You alone are responsible for listing your information on the Site, and you alone are responsible for removal of any information you cause to be published on the Site. You understand and agree that the information you cause to be published on the Site will remain on the site indefinitely and that said information will be viewable by other Site members for an indefinite period. Again, you agree
that you alone are responsible for the removal of your membership information on the Site.

5.2 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 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 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 this Agreement; or (bb) 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, 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 Arizona law.

5.3 License.
Solely to enable FreeCycle Phoenix 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, sub-licensable (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. FreeCycle Phoenix will only use Your Information in accordance with our Privacy Policy and any applicable policy of Yahoo Groups, which hosts the Site for FREE. Yahoo's published policies regarding use of their site are hereby incorporated herein by this reference. Visit http://www.yahoo.com to review said policies.

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 Site 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, or for any other reason whatsoever, as stated throughout this agreement and the published Site.

7. Privacy.
We (FreeCycle Phoenix) do not sell or rent your personal information to third parties for their marketing purposes. All users of the Site and FreeCycle Phoenix 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.

8. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES 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 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. Your accessing and/or viewing and/or use of the Site affords you no legal rights whatsoever in Arizona, and Arizona law governs any claim whatsoever you may try to make for any reason. FreeCycle Phoenix is a passive conduit for freecycling (free recycling) information only. If you access the site outside of Arizona, you are a trespasser. You have no rights.

9. 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 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, i.e., zero, nada, zilch! 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 (but it really does).

10. Indemnity.
You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand whatsoever, including any and all claims for our own negligence, if any, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and/or breach of this Agreement and/or the documents it incorporates by reference, and/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 Site.

12. No Agency.
You and FreeCycle Phoenix are completely unrelated and independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Don't even think about it! We do not know who you are.

13. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to FreeCycle Phoenix Attn: Legal Department, 33 West Willetta Street, Phoenix, AZ 85003 (in the case of FreeCycle Phoenix) or to the email address you provide to FreeCycle Phoenix 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. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to FreeCycle Phoenix during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If no street address (snail mail) is provided by you, you hereby expressly waive any perceived or actual right to notice. FreeCycle Phoenix, as stated elsewhere in this agreement and on the Site, reserves the right to cancel your use of the Site without any notice of explanation whatsoever, as set forth above. Your use of the Site and services establish your understanding and agreement that FreeCycle Phoenix is under no obligation whatsoever to give you notice of anything, whichobviously includes notice of your removal/bannishment from this site.

14. Resolution of Disputes.
In the event a dispute arises between you and FreeCycle Phoenix, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and FreeCycle Phoenix agree that any claim or controversy at law or equity that arises out of this Agreement and/or your use of the Site 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. At all times, you agree that Arizona law shall govern any and all claims arising out of your membership with Freecycle Phoenix.

14.1 Binding Arbitration.
For any Claim (excluding Claims for injunctive or other equitable relief) you or FreeCycle Phoenix 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 Maricopa County, Arizona. You and FreeCycle Phoenix agree to submit Arizona law and to the personal jurisdiction of the courts located within the Maricopa County, Arizona.

14.3 Alternative Dispute Resolution.
Alternatively, FreeCycle Phoenix will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Maricopa County, Arizona, or another location mutually agreed upon by the parties.

15. Additional Terms.
Each of these Agreement terms may be changed from time to time and are effective immediately after we post the changes on the Site, and/or they are changed on the Yahoo Groups Site. 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.

16. General.
This Agreement shall be governed in all respects by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona 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. 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 FreeCycle Phoenix 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. This Agreement sets 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 this Agreement.

18. Disclosures.
The services hereunder are offered by FreeCycle Phoenix, located at:
http://groups.yahoo.com/group/freecyclephoenix/. 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 SafetySurf.com's Internet site, services, or policies. FreeCycle Phoenix is not affiliated with SafetySurf.com. Disputes between you and other users of the Site should be reported. We encourage you to report all user-to-user disputes to your local law enforcement agency or to the postmaster general.

Thank you for being part of the solution.