Welcome to Relify.com (the "Site"), a site run by Relify.com Inc., a Maryland corporation
(hereinafter A Relify@). 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 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 (www.relify.com).
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 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 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's Role and Responsibilities. Relify 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 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 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 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’s Reservation of Rights. Relify 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 Sites 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 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 may cooperate to ensure that violators are prosecuted to the fullest
extent of the law.
8. Breach. Without limiting other remedies, Relify may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your use of the Site and
or refuse to provide Relify’s services to you: (a) if you breach this Agreement
or the terms of any documents it incorporates by reference; (b) if Relify is unable
to verify or authenticate any information you provide to Relify; or (c) if Relify
believes that your actions may cause legal liability or expense for you, other Relify
users or Relify.
9. Privacy Policy. Relify is committed to protecting your privacy.
Click here for our general Privacy Policy, which is incorporated by reference
into, and made part of, this Agreement. Relify 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 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 has the right, but not the obligation, to monitor any activity and
content associated with the Site. Relify 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 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 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 systems and users,
to allow users to resolve disputes, or to ensure the integrity and operation of
Relify's business and systems or other purposes deemed reasonable by Relify, Relify
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 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.
(M) All the information should be verified and is deemed reliable but is not guaranteed
To the full extent permissible under applicable law, Relify disclaims any and all
such warranties. No advice or information, whether oral or written, which you obtain
from Relify or through the use of the Services shall create any warranty not expressly
stated in this Agreement.
13. General Release. Because Relify 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 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 thereunder, 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.
14. Limitation of Liability. Relify 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 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’s legal fees and
all related arbitration costs.[].
17. Service User Disputes. Because Relify is not involved in the actual transaction
between Service users, and is not the agent of Service users for any purpose, Relify
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 urges
Service users to cooperate with each other to resolve such disputes. In the event
that Relify is included or contacted about any such dipute, Relify 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 being included
in such dispute and which may arise as a result of a referral of a dispute to Relify’s
legal counsel.
18. Grant of Licenses. By entering into this Agreement and listing any item, you
grant, and warranty the grant to, Relify 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'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 and its affiliates will not infringe upon or
violate the rights of any third party.
19. Termination. Relify, 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’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’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 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, 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's failure to enforce the strict performance of any provision
of this Agreement will not constitute a waiver of Relify'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 A I agree@ button below, Releasor agrees to all terms listed
herein. Such clicking shall be equivalent to a signature.