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Disclaimer and Terms of Participation


YupYup.com, Inc.

Our service is easily accessible to all users of legal age. There are limitations and risks that you must be aware of before participating. Prior to, and as a condition of your participation, you (hereinafter You or Yours or User) must agree to abide by the YupYup.com Terms of Participation. Once you use our service you are accepting these Terms. You may review these Terms at any time by clicking on the disclaimer link at the bottom of the home page.

Terms of Participation
YupYup.com reserves the right to modify the Terms of Participation at any time and without prior notice to its Users. We may add to, change, delete or end our or Your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons. YupYup.com is not involved in any transaction between you and other users/advertisers on our website. There are risks which you assume when dealing with other parties who might be acting under false pretenses; all of these risks are borne by You. YupYup.com can not and does not control the behavior of other participants, advertisers or payment processing services(hereinafter participants) on this site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH any other participants ON THIS SITE! YupYup.com does not assume responsibility for third party transactions. If there is a dispute between participants on this site, YupYup.com is under no obligation to become involved. In the event that You have a dispute with one or more Users/Advertisers, You hereby release, YupYup.com, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of in any way related to such disputes and/or our service. The YupYup.com service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. YupYup.com prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include false or misleading offers, advertisements listed in the incorrect category, U.R.L. (Universal Resource Locator) or hyperlink within an advertisement or image, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests of any kind, racial slurs or comments, harassment, placing a fraudulent advertisement, and unsolicited advertising (whether commercial or informational). Further, YupYup.com prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit/ debit cards, calling cards, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited and our website is secured and protected, there is a small chance that the information might become exposed to others and You further waive Your right to any damages (from any party) related to such exposure. If YupYup.com, in its sole discretion, determines that a violation of the Terms of Participation has occurred, YupYup.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of your posting and/or the exclusion of any person(s) who may have violated any Terms of Participation. YupYup.com could also peruse violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. YupYup.com will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to You. If YupYup.com believes in its sole discretion that any posting may create liability for YupYup.com, YupYup.com may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of user information. In sum, YupYup.com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the "User) to YupYup.com with the exception of trading data, credit card numbers, checking account numbers, etc. The User Data shall be deemed to be the property of YupYup.com and will not be sold or released without your consent. You shall take all responsible efforts to ensure that it is accurate and complete and not misleading in any way. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between YupYup.com and any User of the Service. This agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and/or communications regarding such subject matter. This agreement may only be modified, or any rights under it waived, by a written document executed by both parties. The failure of YupYup.com to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred.

DISCLAIMER OF WARRANTIES.
YOU AGREE THAT USE OF THE SERVICE OR GOODS ARE AT USER'S SOLE RISK. THE SERVICE/GOODS ARE PROVIDED ON AN "AS IS" BASIS. YupYup.com EXPRESSLY DECLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YupYup.com MAKES NO WARRANTY THAT THE SERVICE/GOODS WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES YupYup.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR GOODS AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THEM.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM YupYup.com THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY.
USER AGREES THAT NEITHER YupYup.com NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR GOODS FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF YupYup.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT YupYup.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
USER AGREES THAT YupYup.com SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall YupYup.com's total liability to You for all damages, losses, and causes of action exceed the amount paid by You to YupYup.com, if any, that is related to the cause of action.
The USER FURTHER AGREES to indemnify and hold harmless YupYup.com, Inc., its agents, employees or any other person against loss or expense including attorney's fees, by reason of liability imposed by law upon YupYup.com, Inc., except in cases where YupYup.com, Inc.'s sole negligence causes damage resulting in bodily injury. YupYup.com is only a retail outlet for the products it presents on its website and makes no claims as to their long-term performance and affects it may have upon the user.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


 
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