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User Agreement

This User Agreement (hereafter as Agreement or User Agreement) describes the terms and conditions in which Used Sports, L.L.C. (hereafter as UsedSports.com) offers you access to our services, under the domain of www.usedsports.com (hereafter as Site).  You must read, accept and agree with all terms and conditions set forth in, and linked to, this User Agreement and our Privacy Policy before you may become a registered user.  If you do not agree with this User Agreement and our Privacy Policy, do not use or access our services.  This Agreement is effective on May 1st, 2006, upon acceptance for new registering users.  

Eligibility for Service
UsedSports.com services are not available to minors (under the age of 18).  If you become a suspended user, our services will no longer be available to you.  UsedSports.com accounts cannot be sold or transferred to any other party.  If you are registering as a business, you agree that you have authority to bind the business entity to this User Agreement.

Fees and Services
There is no fee to register or buy on UsedSports.com, its free.  If you enhance your items for sale, fees do apply.  Our fees are detailed on the Pricing page.  In the event we change our fees, the change will become effective upon posting of the new fees.  We may also temporarily change our fees for promotional events.  These changes will become effective upon posting as well.  When you list an item, you will be given the chance to review and accept the fees that you will be charged for using our services.  If a new fee service becomes available, the fees will become effective upon the post of the new service.  All fees are quoted in United States Dollars.  You are responsible for paying all fees associated with the use of UsedSports.com services and all required taxes, if applicable.  

Content Control  
UsedSports.com does not control the information given by other users that is available through our Site.  Other use’s information may be offensive, deceptive, harmful, or inaccurate.  When using our Site, please use good morals, honesty, common sense and safe trading practices.  Always be aware of the risks of dealing with underage individuals or groups acting under false pretense.  

Hold Harmless and Release  
UsedSports.com is a venue, and is not involved in any dispute between buyers and sellers.  In the event that a dispute does arise, you release UsedSports.com, our employees, directors, officers, agents, subsidiaries, affiliates, and joint ventures from claims, demands and damages (consequential and actual) of every sort, of every kind, and of every nature, unknown, known, suspected, unsuspected, undisclosed and disclosed, arising out of or in any way connected with such disputes.  

Safety and Security  
UsedSports.com regulates and continually attempts to remove unauthorized material and/or listings, but cannot be responsible for checking and verifying every item and every user’s identity.  We provide the tools necessary to communicate directly with other potential trading partners, and encourage all users to do so.  You may also use a third party escrow service, which provides security by keeping possession of your funds and not releasing them to the seller until the specified terms are met. 

Venue  
UsedSports.com provides a service for sellers to list items for sale.  We provide a venue that allows people to buy and sell items using a classified format.  We are not involved in actual transactions between buyers and sellers.  Therefore, we do not have control over quality, safety or the legality of items advertised, including accuracy or truth of the listings, the ability to determine if buyers can buy items, or the ability to determine for sellers to offer and sell items.  UsedSports.com does not warrant that the buyer or seller will complete a transaction.

Buying  
If you choose to buy an item, you agree to the conditions set forth by the seller in the items listing page, unless those conditions are in violation of the law or this Agreement.  

Listing and Selling  
All sellers will list items under these terms: (1) registering true name and valid email address; (2) listing item in correct category; (3) listing may only include text descriptions, graphics, pictures and other content relevant to the sale of that item; (4) include all terms and conditions of sale on the listing page. 

Personal Information  
A users Personal Information is any information you provide to UsedSports.com in any of its features, be it registration, message centers, emails, listings, or any other section on our Site.  The user is solely responsible for his/her Personal Information, not UsedSports.com.

Content Usage
All users agree to allow UsedSports.com to use any information provided to us on our Site, and grant to us a non-exclusive, irrevocable, royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights users have in there content.  This includes any media known now or in the future.  These rights allow us to host and display your content. 

Fraud  
If we confirm or suspect a user engaged in any illegal activity on our Site (past or present), that account will be suspended immediately. 

Non-Allowed Activities
All activities on this Site including Personal Information and listing items shall not: (1) be inaccurate, false or misleading; (2) be counterfeit, stolen or fraudulent; (3) be obscene or contain any kind of pornography; (4) contain anything harmful to minors; (5) be unlawfully harassing or threatening; (6) be trade libelous, or defamatory; (7) violate any law, statute, ordinance or regulation, to include but not limited to those governing export control, unfair competition, consumer protection, false advertising, or antidiscrimination; (8) use email addresses to spam; (9) infringe on any third party’s copyright, trademark, patent, trade secret, including other proprietary rights or rights of publicity or privacy; (10) contain any viruses, time bombs, worms, cancel bots, or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (11) create liability for UsedSports.com or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (12) participate in any transaction or list any item on our Site that was initiated using our service, by paying us the listing fee , which could cause UsedSports.com to violate any applicable law, regulation, statute, or ordinance.

Breach
By use of any means we may immediately remove your listing(s), notify our members, and suspend your member status if: (1) you breach this Agreement or the documents it incorporates; (2) we cannot authenticate or verify any part of the information you provide to us; (3) if we suspect or believe that your actions could cause financial loss or legal liability for our users, UsedSports.com or you.

Site Interference
All users agree you will not use any automatic device, manual or other, to copy and/or monitor our web pages, including this content without our prior written permission.  All users agree you will not use software, or any other means to bypass our robot exclusion headers.  All users agree not to copy, modify, reproduce, alter, create derivative works, or publicly display any content without prior written consent of UsedSports.com.  Lastly, all users agree not to interfere with operational activities that would interrupt, impose undue loads, or any other unreasonable activity on or within the infrastructure of UsedSports.com. 

No Warranties
UsedSports.com provides our Site and services as is without any warranty or condition, implied, expressed or statutory.  We, in specific, disclaim any implied warranties of title, merchantability, fitness for a specific purpose and non-infringement.  

No Liabilities
At no time will UsedSports.com be liable for lost profits or any incidental, consequential or special damages arising out of or in conjunction with the use of our services or this Agreement.  UsedSports.com liability to any user or third parties in any circumstances is limited to the greater of:  (1) the amount of fees you paid to UsedSports.com in the twelve months prior to the action giving rise to the alleged liability, or (2) $100.00 United States Dollars.
                 
Law Compliance
Users will comply with all applicable laws, regulations, ordinances and statutes regarding use of our services. 

Indemnity
All users agree to indemnify and hold UsedSports.com, our employees, directors, officers, agents, subsidiaries, affiliates and joint ventures harmless from any claim or demand.  This includes: (1) attorney fees within reason made by a third party due to a users breach of this Agreement; (2) or a user’s violation of any law and/or rights of a third party.

No Agency
UsedSports.com and its users are each independent contractors, and no agency, joint venture, employee/employer, franchiser/franchisee, partnership or relationship is at all created by this Agreement, including the use of our services and/or Site.  

Notices
Any and all notices will be sent to:  customersupport@usedsports.com Attn: Legal Department.  All notices to users will be sent via email address provided to UsedSports.com during registration process.  A notice will be deemed twenty four hours after email was sent, unless the sending party has an invalid email address. 
  
Arbitration Consent
Any legal claim or issue relating to our service or this Agreement will be resolved by binding arbitration in compliance with commercial arbitration rules of the American Arbitration Association.  This will exclude legal action taken by UsedSports.com to collect our fees and/or damages.  Any claims or issues will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or issue of any other party.  Arbitrations will be held in Fort Worth, Texas and judgment on the arbitration can be entered into any court having jurisdiction.  UsedSports.com or the user may seek interim or preliminary relief only from a court of competent jurisdiction in Fort Worth, Texas, necessary to protect the rights and/or property of UsedSports.com or the user.  

Notification of Changes
We reserve the right, at our discretion, to change, modify or alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this Agreement on a regular basis to keep yourself aware of any changes.

General  
This Agreement will be governed by laws of the State of Texas.  These laws will apply to all agreements entered into and performed within Texas between Texas residents.  UsedSports.com does not guarantee continuous or secure access to our services.  If any part of this Agreement is held to be invalid or unenforceable, such a provision will be closed and all remaining provisions will be enforced.  The headings are for reference only and do not limit, define, or describe the extent of a section.  This Agreement lays out the guidelines and agreement between the user and UsedSports.com regarding the subject matter herein. 
 
Disclosures     
These services are offered by Used Sports, L.L.C.        

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Privacy Policy

Used Sports, L.L.C.  (hereafter as UsedSports.com) has developed this privacy statement to show our customers our firm commitment to privacy.  This Privacy Policy applies to the services available under the domain of www.usedsports.com (hereafter as Site).  

When you accept this Privacy Policy and our User Agreement during the registration process, you agree to give consent to our use, storage, collection and disclosure of your personal information as stated in this Privacy Policy.  If you do not agree with this Privacy Policy and our User Agreement, do not use or access our services.  This Privacy Policy is effective on May 1st, 2006, upon acceptance for new registering users.  

What We Collect
The reason we collect personal information is to provide a smooth and customized experience for our users.  This allows us to provide the services needed to operate an effective Site for our customers.  The following describes how UsedSports.com will collect and utilize your personal information.  

Contact:  first and last name, business name (if applicable), physical address, email address and phone number.     
Purpose: registration, identification, shipping, billing, company mailings, and administration purposes.
Financial:  collected by PayPal.
Purpose:  bill you for your use of our services.  PayPal protects your information with industry-leading security and fraud prevention systems. When you use PayPal, your financial information is never shared with the merchant.
Demographic:  how did you hear about us, favorite sport(s), etc.
Purpose:  to let us know how you heard about UsedSports.com and to better customize our users interests and preferences. 

Sharing Information
UsedSports.com uses PayPal to bill users for any goods or services.  PayPal does not share, or use personal information for any secondary purposes.  We may share information with our advertisers and/or partners, but this is in no way linked to any personal information that can or will identify our users.

Company Emails
UsedSports.com sends all new members a welcome email to confirm the correct email address and provide your chosen username and password.  Registered users will occasionally receive information on special deals, services, products, and other company news.    

Cookies
Cookies are a piece of data stored on your hard drive containing information about you.  Cookies are stored on your computer only and are in no way linked to any personal information while on our Site.  For example, by using cookies on our Site, you would not have to log in a password more than once.  If you reject the cookie, you may still use our Site, but you will have to log in repeatedly.    

Links 
If you choose to use any other websites or services linked to our Site, disclose personal information, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy.  We are not responsible for the privacy practices/user agreements or content of other websites and services.         

Public Communication Venues
UsedSports.com may provide chat rooms, forums, message boards, news groups or other public communication venues.  Users should know that personal information submitted in these types of communication venues can be read, collected and/or used by others.  If you disclose any personal information in these areas, it becomes public information.  UsedSports.com will not be responsible or held accountable for such actions.  Please exercise caution when deciding to disclose any personal information in areas such as these.

Buyer and Seller Information
To enable interaction between all UsedSports.com registered users, limited access is allowed to other users contact information.  This gives the appropriate information to the buyer and seller in order to complete a successful transaction. 

Law Disclosures
UsedSports.com can disclose information about you to law enforcement, other government officials and/or other third parties to enforce the law (for any illegal or suspected unlawful acts) as we believe necessary.  UsedSports.com reserves the right to communicate any information about you to other users and/or law enforcement as we determine necessary to maintain the high level of trust and safety within our Site.  

Security 
UsedSports.com uses industry standard firewalls and Secure Socket Layers to protect the confidentiality of your personal information.  To provide our users with an additional blanket of security, we also use many other discrete security techniques to protect your data from unauthorized access.  When a user enters sensitive information (such as a credit card number), the information is encrypted and protected with encryption software.  Users will know they are on a secure page when the lock icon on the bottom of their web browser (such as Netscape Navigator, Microsoft Internet Explorer, etc.) becomes locked, as opposed to un-locked when you are just browsing.  

Change of Personal Information
UsedSports.com allows its users to correct or update your personal information.  This can be done by logging into My Account and clicking on Personal Information.    

Tell-a-Friend
This allows our users to email specific ads to people they feel would be interested.  If you use our referral service to tell a friend, we ask for your friends name and email address.  We will send your friend a one time email inviting them to check out the ad with a link specifically to that ad.  UsedSports.com does not store this information.  We do not allow this feature to be used for spamming.  Only send emails to people you know would be interested in the item.  If you use this service to advertise your item for sale and recipient complaints are received, your account will be suspended.    

Notification of Changes
We reserve the right, at our discretion, to change, modify or alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this Privacy Policy on a regular basis to keep yourself aware of any changes.

Contacting Us
If you have any questions regarding this Privacy Policy, please click on the contact us link located at the bottom of any page on UsedSports.com
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