Introduction

Welcome to www.AssetFair.com.  These “Terms of Use” (“Terms”) apply to GoldenLane, Inc., or its successors and assigns, as owners of www.AssetFair.com, (referred to as “we”, “us”, or “our”) and the users of this Website (referred to as “user”, “you”, or “your”). By registering with www.AssetFair.com (“Website”) you consent to these Terms.  If you do not agree with these Terms then you should not continue to browse, use or register with this Website.  These Terms constitute an agreement between you and us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Website.  

Registration

In order to use this Website, you must first complete the registration form and create a user name and password.  During registration you are required to consent to these Terms.  If you do not agree with these Terms then you should not register with this Website.  If you become a member you consent to the Terms of this Website and any violation of the Terms of this Website may result in termination of your membership.  Furthermore, unauthorized use of this Website may result in civil liability and criminal liability.       

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THIS WEBSITE, SERVICES AND MATERIALS ARE PROVIDED BY US “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  Without limiting the foregoing, we make no warranty with respect to the accuracy or reliability of the information contained on this Website, the results that may be obtained from the use of our Website, or any errors or defects in this Website.   

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY WITH RESPECT TO THE VALUE OF the ITEMS LISTED OR OFFERED BY MEMBERS OF THIS WEBSITE, WE MAKE NO WARRANTY WITH RESPECT TO THE PHYSICAL EXISTENCE OF, OR TITLE TO, THE ITEMS LISTED OR OFFERED BY MEMBERS OF THIS WEBSITE, NOR DO WE MAKE ANY WARRANTY WITH RESPECT TO THE GOODS OR SERVICES OFFERED BY THE ADVERTISERS ON THIS WEBSITE. 

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS OR AFFILIATES BE LIABLE TO YOU OR ANY THRID PARTY FOR ANY SPECIAL, INCIDENTIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THIS WEBSITE. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY US OR OUR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. 

IF YOUR JURISDICTION PROHIBITS THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTIAL, CONSEQUENTIAL OR PUNTIIVE DAMAGES THEN THE LIMITATION IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

You also agree not to hold us responsible for the content, actions, inaction, or items listed by members of this Website.  You acknowledge that this site provides a venue to allow anyone to barter just about anything, at anytime, from anywhere, in a variety of formats and venues.  We are not involved in the actual transaction between the members.  We have no control over and do not guarantee the quality, safety or legality of items listed, the truth or accuracy of members’ content or listings, the ability of the member to trade the item, the truth or accuracy of the value listed by the member or that a member will actually complete a transaction.

Regardless of the previous two paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid us in the 12 months prior to the action giving rise to liability; or (b) $100.

Copyrights and Trademarks

This Website is protected by copyright, trademark, and other intellectual and proprietary rights.  We do not grant any express or implied rights to use our intellectual or proprietary rights.  These trademarks, logos and other intellectual and proprietary property are our sole property and you are not permitted to use such information without our prior written consent. 

Choice of Law and Venue

Your use of this Website and any dispute arising out of you connection to, access of, or use of this Website is subject to the laws of the State of Arizona, County of Maricopa.  You consent to personal jurisdiction of the courts located in Maricopa County, Arizona for the purpose of resolving or litigation any such disputes.  You further agree that Maricopa County, Arizona is the proper venue to resolve or litigate such disputes.      

Indemnification

You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees and expert witness fees, made by any third party due to or arising out of your connection to, access  of or use of this Website.

Prohibited Uses and Restricted Activities

You agree NOT to use, post, or to encourage or permit others to use this Website to:
Do anything that is illegal or prohibited by applicable laws or regulations;
Do anything that may harm minors in any way;
Use our Website if you are not able to form legally binding contracts or are under the age of 18;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Stalk, intimidate or harass another person;
Make any statement or representation that is false, deceptive, misleading, deceitful, or mis-informative;
Post any items that are unlawful, harmful, threatening, abusive, tortuous, defamatory, libelous, vulgar, obscene, pornographic, lewd, profane, hateful, or otherwise objectionable;
Post any items that are illegal or prohibited by applicable laws and regulations;
Post any items that you do not have the legal right to sell, assign, transfer or otherwise dispose of;
Infringe on the rights of any third party;
Link to any commercial services or websites;
Use automated means, including spiders, robots, crawlers, data mining tool, or the like to download data from this Website without our express written permission;
Disclose personal or identifying information about another person without that person’s express consent;
Advertise any service or product for sale contrary to the rules or terms of use of this Website.

Assumption of Risk

You understand and assume certain risks with respect to your use of this Website.  In particular, the items listed may not be as represented by the listing party.  As a result, you should use diligence and caution when consummating a transaction.  You agree to accept such risk and hold us harmless from any liability or damages suffered by you due to the actions or inactions of another party involved in the barter transaction. 

Third Party Websites

From time to time this Website may also include links to other websites, which may include third party advertisers. These links are provided for your convenience.  They do not signify that we endorse the website.  We have no control over these websites and we have no responsibility for the content of the linked website.  Your use of, access to, or purchase from such third party website is at your sole risk and without warranties of any kind by use.  Before clicking on such a third party link you should ensure the accuracy, legitimacy and security of such a website.   

Tax Implications

We do not make any representations as to the tax consequences of consummating a trade with any other member of our site.  You are solely responsible for reporting any trading activity as required by law and should consult with a qualified tax professional before entering into any trading activity.  Failure to report such activity may result in, among other things, civil and criminal penalties.   

Changes in Terms of Use

If we decide to change these Terms, we will post those changes to these Terms of Use statement and other places we deem appropriate so that you are aware of changes. 

We reserve the right to modify these Terms at any time, so please review them frequently.  If we make material changes to these Terms, we will notify you here, by email, or by means of a notice on our home page.

Contact Us

If you have any questions or suggestions regarding our Terms of Use, please contact us at info@assetfair.com.

Miscellaneous Provisions

A. These Terms, and any amendments thereto, are intended to be a full, complete and final agreement between you and us and shall supersede all prior understandings or agreements, whether oral or in writing or any court orders inconsistent herewith pertaining to the subject matter contained herein.

B. Should any of these Terms, or the application thereof to any person or circumstance become invalid or unenforceable to any extent, the remainder of the Terms shall not be affected thereby, and each term and provision hereof shall be valid and enforceable to the fullest extent permitted by law.

C. The waiver by us of any breach of this agreement by you shall not be deemed a waiver of any subsequent breach, a waiver of the particular provision breach, or a waiver of any other provision of these Terms.

The Terms, and any rights granted to you by these Terms, are not transferable without our express written consent and our consent may be withheld for any reason whatsoever.

If you have a dispute with one or more members, you release us from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which 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.”