Terms of Use | Disclaimer | Privacy Policy

By using the BayBuySell.com website, hereafter referred to as "website", you (the user) agree to the terms and conditions set forth below. If you do not agree, then click here to exit or close your browser window.

Website acts as an information distributor only [NOT as an information publisher] and website owner assumes no liability for the information or content posted on website. Full responsibility and liability for all material lies solely with the posting party. As is true with many physical bulletin boards, submissions of information on website are often passively posted without any review, editing, confirmation of accuracy, or approval of content. Any violation of law or misinformation is the sole responsibility of the posting party. Website owner assumes no liability as a provider of posted information.

If you believe a party is not acting responsibly, please contact us so that we may review their posting(s). We reserve the right to edit or delete postings for any reason without notice to the posting party.

Website may be used only for lawful purposes. Users may not use website to post, transmit, distribute or store material (a) that violates any applicable law, (b) that infringes the copyright, trademark, trade secret or other intellectual property rights of others, (c) that violates the privacy, publicity or other personal rights of others, or (d) that is obscene, threatening, abusive, racially offensive, or hateful, (e) that advocates or encourages any illegal activity, (f) that defames any person or party, (g) that is misleading or inaccurate, (h) that vandalizes or diminishes the value of website in any way.

Website owner does not sponsor, support, endorse, or recommend any party, item, service, job, statement, or advertisement posted or posting on website. Links to services, sites, or content outside of website are not an endorsement of the service, site, content, or its sponsoring organization.

If a dispute should arise between you and any other party, you agree to indemnify, defend, and hold harmless website owner from and against any and all claims.

By using website, you agree to:

• Only post true and correct information, in compliance with all relevant federal/state/local laws.
• Not discriminate against any race, religion, gender, ethnicity, nationality, or other characteristic.
• Only post ads for items or services that are physically located in the San Francisco Bay Area.
• Post only in the category that best suits your particular posting.
• Not submit duplicate postings.
• Not post links to auction sites unless item is located in the Bay Area and available for inspection.
• Not post any offensive, harassing, or defamatory information.
• Not harass, stalk, or make unsolicited contact with any other user.
• Not use website for any fraudulent or illegal purpose.
• Not post ads for prostitution or any other money for sex arrangement.
• Not contact any other party for any purpose other than the one implied by their posting.
• Not post any misleading or deceptive ads.
• Not repost or redistribute any information from website.
• Not post ads for any other type of competitive media.
• Not use robots or automated scripts on website.

Each user, including you, assumes full responsibility for the content of his or her postings. You agree to indemnify, defend and hold website owner harmless from and against any and all claims, liability, loss, damage or expense, including reasonable attorney's fees, arising from, or in any way related to, your use of website.

Violations:

Postings that violate any of the terms of this agreement or are deemed to adversely affect the quality of website may be changed, recategorized or removed without notice to you.

Violations of the terms of this agreement entitle website owner to receive minimum damages of $500 for each violation, plus legal fees. This is in addition to damages awarded to other wronged parties.

Contacting another user for any purpose other than the one implied by their posting, or contacting any party after they have asked not to be contacted, entitles that party and/or website owner to receive minimum damages of $500 for each violation, plus legal fees.

Use of anonymous forms on website to contact another user for any reason other than the one implied by their posting entitles that party and/or website owner to receive minimum damages of $500 for each violation, plus legal fees.

Reposting or redistributing content from website entitles website owner to receive minimum damages of $500 for each violation, plus legal fees.

Website owner will fully comply with any court order. Users should understand that their Internet use is usually not anonymous. Illegal activities or violations of the terms of this agreement may result in legal action.

Privacy:

Email addresses, IP addresses, ISP identifiers, and timestamps may be collected, recorded, and stored on this site. This information may be used to track website usage or to act upon violations of these terms of use.

Anonymous forms provided on Website are intended only to help keep your email address private. Communications via these forms may be monitored in order to track compliance with Website terms of use.

Your email address and other personal information will not be sold, distributed, or intentionally released to any other party without a court order.

Anonymous forms are provided for any party that does not want their email address displayed to other users. To further protect your privacy, we suggest establishing a secondary email address solely for purposes of communicating with other users. It is recommended that you establish such an email account with one of the free email services, such as hotmail.com, without entering any personally identifying information.

Website owner cannot be responsible for unintentional disclosure, loss, theft, or hacking of personal information. Once again, to further protect your privacy, we suggest establishing a new and anonymous email address solely for purposes of communicating with other users. Given the public nature of Website, any other information that you wish to keep private should not be included in any of your postings.

It is a violation of these Website terms for any party to contact you for a purpose other than the one implied by your postings. You may choose to consult an attorney for legal advice. If served with a court order, we will assist with actions against users who have used website for illegal purposes or to harass other users.

Limitation of liability:

Under no circumstances, including, but not limited to, negligence, shall website owner be liable for any special or consequential damages that result from the use of, or the inability to use, website. In no event shall website owner's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing website.

Website owner does not screen or endorse any prospective roommates, tenants, landlords, employees, employers, services, freelancers, relationship seekers, merchandise advertisers, or any other party using website, and does not take any responsibility for the character of posting or viewing parties. It is the sole risk and responsibility of each user to post information on website, to contact other website users, and to determine the character and acceptability of other users. Web site Owner cannot be held responsible for any events that transpire through use of website. This system is similar to a public bulletin board, and should be treated as such. Always use the same caution when contacting or meeting other users as you would when contacting or meeting people you do not know.

You agree to indemnify, defend and hold the owners of website harmless from and against any and all claims, liability, loss, damage or expense, including reasonable attorney's fees, arising from, or in any way related to, your use of the website.

Jurisdiction and venue:

The formation, construction, and interpretation of this agreement shall be controlled by the laws of the State of California, U.S.A, as such law applies to agreements between California residents entered into and to be performed within California. Any dispute relating to this agreement or use of website shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco County, State of California, U.S.A., and you agree to submit to the personal and exclusive jurisdiction and venue of these courts. You agree that your dispute will not be heard by a jury and may not be made part of a class action.