User Agreement
Site Terms and Conditions
In using YouMeThink™ users acknowledge and agree to all of its terms, conditions and privacy policies, or otherwise contained on or referenced in this site (the "Agreement"). Users acknowledge and agree that YouMeThink™ has the discretion to modify this Agreement at any time; that all modifications become effective once modifications are posted herein; and that users review this Agreement each time this site is accessed, so that the user is aware of and agrees to any and all modifications made to this Agreement. The user also acknowledges and agrees that, unless specifically provided otherwise, this Agreement applies only to this site and its online activities, not to any company offline activities.
The user acknowledges and agrees that all materials, including, without limitation, website content, data, software, information, products and services, contained on or provided through this site (hereafter "Materials"), are protected by various proprietary rights and laws; that except as specifically permitted by this Agreement, any use of Materials is strictly prohibited; that except if this company and/or the applicable rights holder(s) give users prior written permission, users will only buy and sell user content, and be given the option to license, rent, modify, print, copy, reproduce, download, transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, or create derivative works from any Materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories); and that except if a user is given prior written permission, use of any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools, or other devices or mechanisms to navigate or search the site is strictly prohibited. Notwithstanding the foregoing, users may download or print single copies of Materials purchased from a “seller” for personal, non-commercial use only.
The user acknowledges and agrees that YouMeThink™, in our sole discretion, at any time and with or without notice, may block or terminate your or any other party's access to all or part of the site or any Materials, or change or discontinue any aspect or feature of the site or any Materials (including, without limitation, discontinuing the site in its entirety); and that, without limitation of any other provisions of this Agreement, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the site, Materials and this Agreement.
The user also acknowledges and agrees that, unless specifically provided otherwise, any links on this site to other sites do not imply company endorsement of such sites or that it has any association whatsoever with the operators of such sites; that such sites are not under its control; and that the company is not responsible for any materials (including, without limitation, any content, data, software, information, products or services) contained on or provided through such sites, or the appropriateness, decency, legality, copyright compliance, accuracy or any other aspect of such sites.
THE USER ACKNOWLEDGES AND AGREES THAT THIS SITE AND ALL ”MATERIALS" AND SELLER UPLOADED CONTENTS ARE INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY; THAT NEITHER THIS SITE NOR ANY "MATERIALS" OR UPLOADED CONTENT ARE INTENDED TO CONSTITUTE, AND DO NOT CONSTITUTE, THE PRACTICE OR FURNISHING OF MEDICAL OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES; AND THAT YOU WILL ALWAYS CONSULT WITH YOUR QUALIFIED PROVIDER FOR MEDICAL OR HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY MEDICAL OR HEALTH CARE PROVIDER OR OTHER DIRECTORIES OR LOCATORS (INCLUDING, WITHOUT LIMITATION, THEIR CONTENTS AND RESULTS) CONTAINED ON OR PROVIDED THROUGH THIS SITE ARE INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND DO NOT IMPLY THE COMPANY’S ENDORSEMENT OF, OR THAT IT HAS ANY ASSOCIATION WHATSOEVER WITH, SUCH PROVIDERS.
USER ACKNOWLEDGES THAT THIS WEBSITE COMPANY CANNOT BEHELD RESPONSIBLE FOR THE VERACITY OR TRUTH OF UPLOADED CONTENT NOR ITS ORGINALITY OR CLAIMS OF LEGAL PROTECTION IN THE FORM OF COPYRIGHTS OR TRADEMARKS. UPLOAD CONTENT IS ASSUMED NOT TO BE COPYWRITTEN UNLESS STATED IN THE DESCRIPTION SECTION OF THE UPLOAD PAGE.
USER ACKNOWLEDGES AND AGREES THAT USE OF THIS SITE AND "MATERIALS" ARE AT HIS/HER OWN RISK, AND ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASES; THAT WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WITH REGARD TO THIS SITE OR ANY "MATERIALS" (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE); AND THAT WE DO NOT WARRANT OR REPRESENT THAT THIS SITE OR ANY "MATERIALS" WILL BE ACCURATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM VIRUSES, WORMS, TROJANS, OTHER MALICIOUS CODE OR OTHER HARMFUL COMPONENTS). IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OUR AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WE AND/OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RELATING TO THE USE, MISUSE OR INABILITY TO USE THIS SITE OR ANY "MATERIALS" (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE AND/OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND/OR SUPPLIERS HAS OR HAVE BEEN ADVISED OF A POSSIBILITY OF DAMAGES); AND THAT IF YOU ARE DISSATISFIED WITH, OR CLAIM ANY DAMAGES RELATING TO, ANY PORTION OF THIS SITE, ANY "MATERIALS" OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ALL "MATERIALS". IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, OUR AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The user acknowledge and agree that you will indemnify and hold harmless this company and its subsidiaries, successors, assigns, affiliates, licensors and suppliers, together with all of its respective officers, directors, employees and consultants, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys' fees and costs) relating to the user’s use, misuse or inability to use this site or any Materials, or to the user’s violation of this Agreement, any laws, rules or regulations, or any rights of any third parties; that we reserve the right to exclusively defend and control any such indemnification matters; and that you will fully cooperate with us in any such defenses.
User acknowledges and agrees that if he/she are located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes accessing this site or any Material inappropriate or illegal, or subject to consents or permissions that you yourself have not obtained, or voids this Agreement in whole or in part, then you are not authorized to access this site or any Material. User also acknowledges and agrees that this Agreement will be governed by and construed in accordance with the laws of the State of Washington, excluding conflicts of law provisions; that the exclusive jurisdiction for any claim or action relating to your use, misuse or inability to use this site or any Materials, or to this Agreement, will be in the state or federal courts located in the State of Washington; that you will irrevocably submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such claim or action; and that you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
You acknowledge and agree that if any provision of this Agreement is held by any court or other tribunal of competent jurisdiction to be not enforceable, then such provision will be eliminated or limited to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect; that this Agreement constitutes the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior agreements or understandings between you and us, whether oral or written, relating to any subject matter of this Agreement; that this Agreement may not be modified, in whole or in part, except by us and as otherwise might be specifically described elsewhere in this Agreement; and that anything contained on or provided through this site that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement.
User Conduct
Without limitation, you agree to refrain from the following actions while using YouMeThink™.com. Any violation will result in your account being deactivated.
1. Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
2. Transmitting any information, data, text, files, video, ipods, links, chats, communication or other materials that violates copyright law or is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
3. Posting advertising or solicitation in categories that is not appropriate, or posting the same item or service in more than one category or more than once every 7 days, or posting the same ad in multiple cities on the Site;
4. Posting adult content or explicit adult material;
5. Posting any ad for products or services, use or sale;
6. Sending mail, e-mail for solicitation of physical products, or services to a user of the Site;
7. Deleting or slightly revising to reload any material under name that was originally posted by any other user;
8. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of other site users;
9. Using any automated device, spider, robot, crawler, data-mining tool, software or routine to access, copy, or download any part of the Site;
10. Taking any action creating a disproportionately large usage load on the Site unless expressly permitted by the Site:
11. Sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
12. Gaining or attempting to gain unauthorized access to non-public areas of the Site. You may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
13. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
14. Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
15. Posting any employment ads violating the anti-discrimination provisions of the Immigration and Nationality Act or messages violating any law or regulation;
16. Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.
17. Posting free ads promoting links to commercial services or web sites;
18. Posting any material overtly or covertly advertising weapons the use, carrying, or advertising of which is prohibited by applicable federal, state, or local law. You are solely responsible for complying with any and all laws and/or regulations applicable to the transfer of firearms under both applicable local, state and federal laws. The transfer of firearms is heavily regulated and restricted, and failure to strictly comply with all such laws is a serious crime and may result in criminal prosecution. All transfers of firearms, whether by sale, lease or loan, including private transactions, must go through a licensed firearms dealer. Any exception to these laws, such as air guns, knives, accessories, certain antiques, and some gun parts that may not require transfer by a licensed dealer, should be first confirmed by you prior to purchase. It is your responsibility to comply with all such laws, including any and all city, county, state and Federal laws when accessing or using this site. It is also your responsibility to locate one or more licensed firearm dealers in your area and/or the area of any buyer or seller listing here who are able and willing to assist you with any such transfer. We do not offer any assistance with respect to locating a licensed dealer for your transaction or otherwise with respect to your transaction. By listing any firearm, you represent and warrant to us that you legally own and possess the item you wish to list here and have fully complied with and will continue to fully comply with all laws and regulations applicable to your listing, transfer and/or sale. By agreeing to purchase any firearm, you represent and warrant to us that you are of legal age, and are not otherwise prohibited by law from purchasing, transferring, owning, or possessing the firearm listed, and that you have fully complied with and will continue to fully comply with all laws and regulations applicable to your transfer or purchase.
