TERMS OF USE

The following information describes the terms and conditions under which StagersList.com offers a Member ("You") access to our services. If you have questions that are not addressed in this agreement, please email us at Support@StagersList.com.

ACCEPTANCE OF TERMS

StagersList.com provides an array of services including, but not limited to free classified ads, auction sales & purchases, store fronts, forums, and online resources.  By using any StagersList.com services in any way, you are agreeing to our Terms of Use (outlined here).  In addition, when using StagersList.com  services, you agree to abide by any applicable posted guidelines for said services, which may change from time to time.  Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with StagersList.com in any way, your only recourse is to immediately discontinue use of StagersList.com.

MODIFICATIONS TO THIS AGREEMENT:

We reserve the right, at our sole discretion, to change, modify or otherwise 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 apprised of any changes.  If you do not agree to the changes, you must request that your account be closed.  Your continued use of our services will signify your acceptance of any updated terms and conditions.

CONTENT

StagersList.com acts as a matching service for Members to locate people to buy, sell, and negotiate the exchange of good and services.  We cannot verify or endorse the quality, safety, or legality of advertisements/auctions/etc. that are not posted by us directly, or the truth or accuracy of the content posted by Members onto our site.   All postings, messages, text, files, images, photos, video, sounds or other materials (all CONTENT) posted on, transmitted through or linked from StagersList.com are the sole responsibility of the person from whom such content originated.  You are responsible for each item of content that you post, email or otherwise make available via StagersList.com. 

You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will StagersList.com be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via StagersList.com. You acknowledge that StagersList.com does not pre-screen or approve content, but that StagersList.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via StagersList.com, for violating the letter or spirit of the Terms of Use, Rules & Guidelines or for any other reason.

MEMBERSHIP ELIGIBILITY

By becoming a member of StagersList.com, you are promising that:

• You are a legal and permanent citizen of the United States or Canada.
• Your supplied email address is a valid means of communication with you and will remain up-to-date.
• Your supplied contact information is accurate and complete, including but not limited to your month and year of birth, full name, address, and payment information.
• You have not already registered with StagersList.com (one account per individual and/or business entity may be active at a time).
• If you are registering as a business, you represent that you have the authority to bind the entity to this agreement.

StagersList.com reserves the right, under its sole discretion, to terminate any membership account at any time, for any reason, including but not limited to our inability to confirm any element of your eligibility or abuse of Guidelines and/or Terms of Use.  Your account membership may not be transferred or sold to any other party at any time.

THIRD PARTY CONTENT, SITES AND SERVICES

StagersList.com and content available through our service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of StagersList.com. 

Your interactions with members found on or through StagersList.com, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such members.

You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

You will not hold StagersList.com responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the StagersList.com is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from the US and Canada, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of StagersList.com may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if StagersList.com is 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 to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

LICENSE
You agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your posted content, in any media now known or not currently known.

CONDUCT

You agree not to post, email, or otherwise make available Content that is:

• Unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way.
• Pornographic or depicting a human being engaged in any actual sexual conduct or in the nude.
• Harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
• Violates the Fair Housing Act by stating, in any notice or ad for the  sale or rental of any dwelling, a discriminatory preference based on race,  color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics).
• Violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
• With respect to employers that employ four or more employees, violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
• Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.).
• Includes personal or identifying information about another person without that person's explicit consent.
• Is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".
• Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
• Constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
• Advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to StagersList.com, or that otherwise negatively affects other users' ability to use StagersList.com.
• Employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through StagersList.com.

Additionally, you agree not to:

• Contact anyone who has asked not to be contacted.
• "Stalk" or otherwise harass anyone.
• Collect personal data about other users for commercial or unlawful purposes.
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by StagersList.com.
• Attempt to gain unauthorized access to StagersList.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, StagersList.com.
• Use any form of automated device or computer program that enables the submission of postings on StagersList.com without each posting being manually entered by the member (an "automated posting device"), including without limitation, the use of any such automated posting device to submit  postings in bulk, or for automatic submission of postings at regular intervals.

THE TRADING PROCESS

Negotiating. Members negotiate with each other through the process of formulating offers and counteroffers. Making an acceptance or confirmation of an acceptance constitutes an obligation for all parties involved to complete the transaction. Acceptances are not retractable except in exceptional circumstances. These circumstances may include, but are not limited to situations where a Member materially changing the description of the item after your offer was made or clear typographical errors, or when you cannot authenticate the identity of a Member involved in the trade.

StagersList.com is not responsible for resolving disputes between parties.

THE TRADING SYSTEM

• System. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the StagersList.com site or any transaction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your Password to any third parties or use your Password for any unauthorized purpose.

• Manipulation. You agree not to use a secondary account or third party to manipulate the outcome of a negotiation with another trader.

• Ratings. You may not take any actions which may undermine the integrity of the ratings system, such as leaving positive ratings for yourself using a secondary member account or third party, leaving negative ratings for other Members using secondary accounts or third parties, or leaving negative ratings if a Member fails to perform some action that is outside the scope of the transaction. If your Member rating is one star or lower, we may suspend your account, and you will no longer be able to participate in transactions.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to StagersList.com email addresses or through StagersList.com computer systems, which is

expressly prohibited by these terms, will use or cause to be used servers located in California.  Any unauthorized use of StagersList.com computer systems is a violation of the terms and certain federal and state laws, including, but not limited to, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

GENERAL LEGAL TERMS

• Our service is provided "as is." We will try very hard to make your experience with StagersList.com a pleasurable one; however, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. These terms are also noted in our Maintenance & Downtime Policy. For this reason, you agree that StagersList.com's services are provided "as is." We cannot assume responsibility for the timeliness, deletion, misdelivery, or failure to store any Member data, communications, or personalization settings. WE AND OUR SUPPLIERS PROVIDE THE StagersList.com WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

• Suspension/Termination. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current classifieds, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies, sell.com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

• Limit of liability.  In no event shall wee or our suppliers be liable for lost profits or any special, incidental, or consequential damages (however arising, including negligence) arising out of or in connection with this agreement.  Our liability and the liability of our suppliers, to you or any third parties in any circumstance, is limited to the great of (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability or (b)  $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

• General compliance with laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your negotiations, classified ad, purchase, and sale of items and services.

• No agency. You and StagersList.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

• Notices. Except as explicitly stated otherwise, StagersList.com may provide you with notices via email, regular postal mail, or postings on the StagersList.com website.

• Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or StagersList.com may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California necessary to protect rights or property pending the completion of arbitration.

• Jurisdiction and Venue. This agreement shall be governed in all respects by the laws of the State of California. You agree that any legal action brought against StagersList.com classifieds, inc. shall be governed by the laws of the State of California without regard to its conflict of law principles, and that the sole jurisdiction and venue for any litigation arising from your use of StagersList.com shall be an appropriate federal or state court located in the State of California. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

• Other agreements. If you and StagersList.com have entered into a separate written agreement that covers your use of StagersList.com, the terms and conditions of such agreement shall control to the extent they are inconsistent with this member agreement.

INDEMNITY

You agree to indemnify and hold StagersList.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the service, your use of the service, your violation of the terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

TERMINATION OF SERVICE

You agree that StagersList.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard any content within the service, for any reason, including, but not limited to, if StagersList.com believes that you have acted inconsistently with the letter or spirit of the terms. Further, you agree that StagersList.com shall not be liable to you or any third-party for any termination of your access to the service.  Further, you agree not to attempt to use the service after said termination.

PROPRIETARY RIGHTS

The service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of StagersList.com. You further agree not to reproduce, duplicate or copy content from the service without the express written consent of StagersList.com, and agree to abide by any and all copyright notices displayed on the service. You may not decompile or disassemble, reverse  engineer or otherwise attempt to discover any source code contained in the service. Without limiting the foregoing, you agree not to reproduce,  duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the service.

Although StagersList.com does not claim ownership of content that its users post, by posting content to any public area of the service, you automatically grant, and you represent and warrant that you have the right to grant, to StagersList.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the service,  you automatically grant StagersList.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or  exploitation of the content on the service by any party for any purpose.