List’d 
Terms of Use

These terms of use (“Terms”) are a legal agreement between you and List’d (“List’d”) governing your use of List’d’s auction and business management service described on the List’d  website (“Service”). Please read the Terms carefully before using the Service. By clicking on the “I accept” button, you agree to become bound by the Terms. If you do not agree to the Terms, then click on the “I do not accept” button and do not use the Service.

Updates to Service
List’d may update the supported auction websites and payment services that may be accessed through the Service, and other features of the Service by updating the description of the Service on the List’d  website. These updates will apply to all future and existing accounts for the Service. 

Privacy Policy
List’d’s information and collection practices are set forth in the List’d  privacy policy, available at www.Listd.com. Please read the privacy policy carefully. By agreeing to these Terms, you are agreeing to the privacy policy.

Member Account, Password, and Security
Use of the Service requires that you register for an account. You must complete the registration process by providing List’d with complete and accurate information. You must also choose a password. You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You will notify List’d immediately of any unauthorized use of your account or any other breach of security. List’d will not be liable to you for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

Use of Service
You will not use the Service for any purpose that is unlawful or prohibited by the Terms. You may only use the Service to market and sell items for which you possess the legal right to sell.

The Service will allow you to access third party services, such as supported auction websites and payment services. These third party services are governed by their own terms of use and other requirements. You agree to abide by these third party requirements when you access the third party services through the Service. List’d is not responsible for the services and information provided to you through these third party services.

You will not use the Service in any manner that could damage, overburden, or impair the Service, any List’d server, or networks connected to any List’d server, or interfere with any other party's use and enjoyment of any Service. You will not attempt to gain unauthorized access to the Service, other users’ accounts, or services connected to the Service.

The Service contains messaging, email, feedback, and other communication features designed to enable you to communicate with others and post information in online auctions. You will only use these features to post, send, and receive content that is proper and legal. 

By way of example, and not as a limitation, you will not use the Service to: • Sell illegal or prohibited items. • Post, upload, or distribute any defamatory, obscene, infringing, or otherwise unlawful content. • Harvest or otherwise collect information about others, including email addresses (except for proper collection of individuals’ email addresses, if they have opted-in to receive emails from you). • Send unsolicited email, or violate any laws regulating commercial email. • Violate any applicable laws or regulations.

List’d has no obligation to monitor the Service. However, List’d may review and monitor your use of the Service for violations of these Terms. List’d may immediately and at any time terminate your access to the Service, if List’d believes in its sole discretion that you have violated these Terms.

Violations
The Service provides individuals with a platform to sell items online. List’d does not control how users use the Service or what items they sell. If you believe that a user of the Service is violating these Terms or infringing your intellectual property rights, you may notify List’d at: info@listd.com. You must include a detailed description of the infringement and the account of the user. List’d will use reasonable efforts to investigate violations of these Terms that you submit in accordance with this paragraph, but may not be able to investigate in all instances. List’d cannot modify or remove auctions or other information on third parties’ websites, so you must request their removal from the appropriate contacts of the third party website.

Disclaimer
THE SERVICE IS PROVIDED ON AN “AS-IS” BASIS AND LIST’D  AND ITS PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICE, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY, AND ACCURACY. LIST’D DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE OR THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIST’D , ITS DISTRIBUTORS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION.

Limitation of Liability
NEITHER LIST’D  NOR ITS PARTNERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO ACCESS YOUR CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE. THESE LIMITATIONS WILL APPLY EVEN IF LIST’D OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

LIST’D 'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE LESSER OF $20 OR THE AMOUNT PAID BY YOU IN THE PAST 2 MONTHS FOR THE SERVICE THAT CAUSED THE DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THESE TERMS.

The Disclaimer, Limitations of Liability, and exclusive remedies set forth in these Terms are fundamental elements of the basis of the agreement between List’d and you. List’d would not be able to provide the Service to you on an economic basis without these limitations and they are an essential basis of the bargain in the Terms.

Termination
List’d has the right to terminate or cancel your membership to the Service at any time, if List’d  believes in its sole discretion that you have violated these Terms. You may also cancel your membership at any time. The cancellation of your membership or a particular subscription is your sole right and remedy with respect to any dispute with List’d .

General Terms
These Terms are governed by the internal laws of the State of Florida , without giving effect to principles of conflict of laws or the United Nations Convention on the International Sale of Goods. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Orange County , Florida , and the federal courts in Central Florida , to resolve any disputes arising under the Terms.

If you provide any feedback or suggestions to List’d  regarding the Service or other List’d  products, you hereby grant List’d  a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into List’d’s services.

These Terms contain the complete agreement between you and List’d  with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of List’d  to exercise any of its rights under the Terms or upon any breach of the Terms will not be deemed a waiver of those rights or of the breach.

If any provision of the Terms are held by a court to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect.

List’d  may update the Terms by providing notice on its website. The most current version of the Terms can be found at www.Listd.com/terms.

“List’d ” and other trademarks contained in the Service are trademarks of List’d . Any third party trademarks, trade names, product names, and logos contained in the Service are the trademarks of their respective owners. These Terms do not authorize you to use List’d 's trademarks. In addition, the List’d  website and works of authorship in the Service are copyrighted and owned by List’d . All rights are reserved to List’d .