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Terms of Use

Effective Date 04/24/11

Welcome to ValueJockey. These Terms of use, as amended from time to time, are a binding contract between ValueJockey ("we") and you ("you"). You must read and agree to these Terms, including our privacy policy, before using the ValueJockey.com website (the "site") or any applications, features or functionality available on or through the site ("Service"). ValueJockey is hosted in the U.S. By using the Service, you agree to these Terms so to make certain that ValueJockey is balanced and enjoyable for all our Members. If you do not agree to these Terms, do not use the Service or continue accessing or browsing our site. Visitors and Members are both bound by these Terms, the Terms of which you hereby acknowledge. We advise all Members that it is their responsibility to check for changes to our Terms at regular intervals and we also may provide a notice to any and all email or other addresses that you have provided to us. Any and all modifications shall be effective upon posting by ValueJockey on the ValueJockey website.

Description of Service
ValueJockey is a community website of registered Members who share helpful and useful product and service knowledge and/or suggestions of value. Members may post items they are looking to receive value help on or information so they can learn more about what they have. Commercial postings are not allowed (our Service Category is somewhat flexible for businesses to list in and should be chosen if the post is a business), but businesses related to values, appraisals, collectors or hobbyists are welcome to instead respond to listings with helpful, useful information while mentioning their business or expertise and linking to it with their member name. You do not need to be a Member to view postings and information from other Members. All posts and answers are available for public view.

Minimum Age Requirement
Age Requirement - You must be at least 14 years old to use the Service. Persons under 18 years of age must have parental permission or permission from their legal guardian to use this site.

Description of Fees
ValueJockey is a free Service to registered members to post items for the purpose of receiving help or to reply to another members posts. ValueJockey reserves the right, with proper notice to charge a fee for certain services.

Modifications to Terms
At any time, ValueJockey may change these Terms, which includes the Privacy Policy and any other agreement that is incorporated into these Terms. It is very important that you keep your email contact information and your profile correct and up to date with ValueJockey at all times. Please inform us about any problems or offensive content. We may limit or stop our Service, remove content and take measures to keep Members from using ValueJockey if we feel they are creating problems or acting conflictingly with our policies. However, whether we decide to take any of these steps, remove content or keep a Member off ValueJockey or choose not to, we do not accept any liability whatsoever for monitoring ValueJockey or for unauthorized or illegal material on ValueJockey or by anyone using ValueJockey. We reserve the right to modify, discontinue or permanently stop access to our Service if we feel any submitted content is offensive or for any other reason without giving you notice. We are not liable for any modification or removal and any such action by us will not affect ValueJockey’s permission to use your submitted content.

Posting Content
ValueJockey.com contains content from us, you and other Members. You agree not to copy, modify, or distribute ValueJockey.com, our copyrights or trademarks. Any content available on the Service, including applications, software, text, pictures, graphics, images, personal information and other content are collectively protected by the intellectual property rights of ValueJockey or its licensors. When you submit postings and any form of content, you grant us a non-exclusive, worldwide, royalty-free, continuous, irrevocable, right to implement the copyright, exposure, and database rights to that content. Postings cannot be deleted by Members after submitting, but photos and additional comments can be updated at any time. We cannot answer questions related to product values, etc., and all product value inquiries must be posted on the ValueJockey website for members to view. We reserve the right to limit emails so as to not overload our Service. We reserve the right to delete content where we have grounds for suspecting the violation of these terms or of any other party’s rights. Do not post content that infringes the rights of third parties content that infringes on intellectual property rights such as patent, copyright and trademark.

We reserve the right to remove content where we suspect the violation of these Terms, our policies or of any other party’s rights. By displaying or posting any content on the Service, you certify that you own all rights in your content and you have sufficient rights in your content to grant to ValueJockey the rights described here. You will pay any and all license fees arising from any use of your content. You agree that are the individual in your content or you have obtained permission and the consent from parents or guardians for anyone under the age of eighteen (18) who appears and is represented in your content to grant the rights to ValueJockey described in these Terms. You agree that your content is not defamatory, does not infringe the intellectual property rights, privacy or any other legal or moral rights of any third party. You hereby waive any moral rights you may have under the laws of any jurisdiction in content you submit or make available on or through the Service. We may (but are not obligated to) display your content, including your username. Any direct contact information that you provide on the site is done at your own risk. By registering with the Service, you agree to receive email notices so we may inform you of any feedback and responses to your postings. You can at any time, opt out of receiving these notices by logging into your account.

When you submit or post feedback, ideas, suggestions or proposals to ValueJockey, you certify and agree that your submissions or postings do not include confidential information. If we choose to, ValueJockey may use and disclose your submissions and postings in any way and ValueJockey has no obligation to pay or reimburse you for your submissions or postings our use of same.

Credit for information posted on ValueJockey should always be a priority with every member. Give the proper sources due credit for the information when the source is known.

ValueJockey does not monitor, evaluate or guarantee the accuracy of answers, opinions, values or other information posted by our users. Anyone can post information on ValueJockey after registering their membership. All information provided by and submitted by members will be used at your own risk.

Establishing an Account
To suggest values, offer feedback or post any information on the Site, you must initially complete our site registration form to create an account with a user name and password, along with the city, state and zip code in which you reside. You may not share your password with anyone. You must always provide accurate information to ValueJockey for the Service. You must update such information in a timely manner to maintain its accuracy and to make use it is in its complete form. Any use of the Service through this account will be believed as being used by you. ValueJockey is allowed to reply on all contact information that is supplied through your Account. Your Account is non-transferable and non-assignable. You are solely responsible for any and all use of your account.

Right to Terminate Membership
All content such as photos and information that you have posted or made available for publication or use on or through the Service, will remain on ValueJockey indefinitely as a pricing resource for our members. However, you may remove or edit your membership profile at any time.

Prohibited and Restricted Items
Commercial postings are not allowed as an advertisement for a business of any type but all members are welcome to advertise their business or expertise when answering a post. Appropriate businesses, collectors, experts and appraisers are all welcome to give helpful, useful information to our members while linking to their business website, blog or social network account with the link function within their ValueJockey.com account.

Please do not use ValueJockey for any purpose that is harmful. You are ultimately responsible for making sure that posting or offering to sell any item or service through or on ValueJockey is legal in the eyes of the law.

We also ask our members to flag questionable items or to contact ValueJockey concerning items they know or feel to be in violation of our terms. Prohibited items and activity include, but are not limited to any illegal products, counterfeit products, criminal acts, pornography of any type, human parts or live persons, animal parts or live animals or pets (we follow guidelines to help stop the use of puppy mills and the illegal and improper acquisition of animals and pets, that which can be found on both the ASPCA and HSUS websites), food (exception being only wine or alcohol that is considered vintage or collectible), guns and firearms, clothing that is intended only for the acquisition and the use of government or official use and any personal information that is meant to harm or interfere with the credit or privacy of any individual or of any company. You must not post to the Service any content that is untrue, misleading, harassing, obscene, harmful, hateful or racially offensive. You agree not to interfere with any third parties intellectual property rights or confidential information. You agree not to use any unauthorized advertising, software viruses or programs that may harm ValueJockey or any of our users. You will not interrupt, destroy or limit the functionality of any computer hardware, software or communication equipment connected with our Service. Do not post any information that was not authorized by the owner, or is in violation of any local, state, national or international law.

Do not be false or misleading in your postings, infringe any third-party right or circulate information that is in any form or fashion spam, use personal or business pyramid schemes or chain letters through our site. Do not circulate viruses that may harm ValueJockey or ValueJockey users. Do not place an excessive load on or tamper with the operation of ValueJockey or bypass measures that are used to prevent or restrict access to ValueJockey, our content or code. Do not reverse engineer licensed software or any application or any method used to discover a source code. Do not copy, modify, tamper with or distribute any other Member or other person’s content without their consent, including harvesting email addresses. Do not alter information on or obtained from the Service. Do not solicit personal information from anyone under 18 years of age. Do not post anything that reflects discrimination, racism, bigotry, hatred or that which would be physically harmful.

Monitoring of Service Content
ValueJockey neither endorses nor is responsible for the accuracy or reliability of any and all opinions, advice, information, or statements made on the Service. We are under no obligation to restrict or monitor the Service or content that is posted in any way. ValueJockey does not regularly monitor the accuracy or reliability of content. We do reserve the right to remove content at any time. Any opinions, advice, statements, services, offers, other information or content expressed or made obtainable by third parties and all Members, are those of the representative author and not of ValueJockey. ValueJockey neither endorses nor is responsible in any way for the accuracy or reliability of any opinion, advice, information or statement made on the Service.

ValueJockey has the right, but not the obligation to resolve disputes between Members relating to the Service. ValueJockey’s resolution of a particular dispute does not create an obligation to settle any other dispute. ValueJockey’s resolution of any dispute is absolute with respect to the Service.

Protection of Content
ValueJockey respects the intellectual property rights of others and asks that our Members do the same. You agree to respect all intellectual property laws protecting our Service. ValueJockey gives you a limited, non-transferable, revocable, non-sub licensable, non-exclusive license, under the rights ValueJockey has in the content on our site.

On our behalf and on that of its licensors, ValueJockey reserves all rights in the content and software. Except as otherwise noted, ValueJockey does not grant any other rights to you, including the reproduction or modification any of our content without our permission or the permission of other third-party owners.

These terms do not create any agency or third party beneficiary, nor may you transfer these Terms to anyone without the written permission of ValueJockey with any such attempt being void. ValueJockey has the right to transfer and assign these Terms to one or more third parties without your written or verbal permission.

The trademarks ValueJockey and any other trademarks used in the Service are owned by ValueJockey and affiliated parties. Names of any third parties and their products referenced on ValueJockey may in fact be their own trademarks. You cannot use any trademark associated with ValueJockey or any others displayed on the Service. Use of such trademarks without the written permission of ValueJockey or SML Home LLC is strictly prohibited.

Professional, experienced and business members are invited to link to their website, blog or social network page that contain helpful, useful and appropriate information pertaining to the responses they are providing on ValueJockey. These links are provided to offer all members and visitors a chance to exchange helpful information and to learn more about the members involved on the ValueJockey website. Links are controlled by the member who's username is associated with the embedded link.

SmartMember Links can be changed or removed at any time at the members discretion. All links are monitored for usefulness and will be removed promptly if found to be in violation with any terms incorporated within these terms of use.

Liquidated Damages Agreement
Whether or not legal action is pursued, you agree to pay ValueJockey the following liquidated damages which you accept for breaches of our Terms:

  1. Unsolicited commercial email or advertising, you agree to pay ValueJockey fifty dollars ($50) each.
  2. Excessive use after termination of account access, or if excessive use is established and has been exceeded, you agree to pay ValueJockey one hundred dollars ($100) per day, per message.
  3. Posting content in violation of our Terms other than described above or in this list, you agree to pay ValueJockey one hundred dollars ($100) per item.
  4. Principals and posting agents that use the Service in violation of the Terms additionally agree to fifty dollars ($50) for each item posted by posting agent on behalf of principal.
  5. Any form of exploitation without ValueJockey’s express written permission for any purpose and any content (accept your own Content) in violation of these Terms, you agree to pay ValueJockey one thousand dollars ($1000) for each day on which you take part in such conduct.

Liability Disclaimers
You agree not to hold us responsible for things Members and other users post or perform. Most of the information on ValueJockey comes from our Members and other users and we do not guarantee the accuracy of postings, user submissions in any form or the safety or legality of what is offered or posted. We cannot guarantee uninterrupted or secure access to our Service. To the extent permitted by law, we specifically disclaim all warranties, representations and conditions, express or otherwise implied, including quality, durability or items for use of resale. Neither ValueJockey nor SML Home LLC shall have any liability for investment decisions that are formed from information posted or advertised on our site. We are not liable for any loss in the form of money, reputation, or resulting damages that take place out of your use of the Service, even if advised of same or having knowledge that there was a possibility of damage occurring. We are not liable for any loss or damage that occurs through the use and placement of any of our logos or links taken from our site and placed on any other website or business.

All transactions and associated details of transactions are solely between the two parties and at no time does ValueJockey get involved in these transactions. We do not offer any forms of identity or verification of identity. If you have concerns about a transaction, contact the other party and do all you can to resolve the situation between the two of you. If you feel that you have been defrauded, contact your local police or the appropriate jurisdiction.

You agree to hold ValueJockey and SML Home LLC and their officers, employees, attorneys, suppliers and associated agents harmless from all damages, costs, expenses and any and all liabilities relating to any type of claim relating to use of our site, disagreements with third parties accessed from the Service, including their successors and assigns. You also agree to hold us harmless from any disagreement you have with any other Member or user of the Service or any disagreement you may have with any business or advertising obtained on or through the Service. You are solely responsible for your interactions with other ValueJockey Members or any action you take from any form of information received from the use of our site.

ValueJockey provides the Service as is and as available. We are not responsible for any type of damages, including monetary damages, which may occur because of the loss of your content that you maintain or utilize on ValueJockey. By using the Service, you agree that back-up copies are the responsibility of each Member. ValueJockey makes no representation or warranties that the Service will be secure, uninterrupted, error free or virus free.

All communication and resolutions shall be conducted in and by the laws of the State of Illinois and must commence within one (1) month after the cause of action accrues: otherwise, such cause of action shall be permanently barred. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Illinois, city of Joliet. The foregoing shall not prevent ValueJockey from seeking injunctive relief in a court of competent jurisdiction.

Termination
ValueJockey has the right to terminate or cancel your access to our Service and/or your Account. Copyright infringement, flagged postings and disputed content will be removed at our discretion. Depending upon applicable law requirements, ValueJockey may give notice to you before or after your Service is terminated. If your access or Account is terminated, you may no longer have access to the content you had posted. Any suspension or termination shall not effect your obligations to us under these Terms of Use.

Merchants, Advertisers and Links
ValueJockey contains advertisements and other information provided by third parties. ValueJockey is not responsible or liable on the accuracy, content, products or services from third party sites. They also do not imply that we endorse the linked site. The links are used at your own risk. The linked sites own privacy policy applies to any personal information you provide.

Customer Support
ValueJockey has no obligation to provide you with customer support of any type or form. We may at our sole discretion provide support from time to time when questions are sent using the form provided on our site. All contact, may at our option, be conducted electronically from start to finish through the Service. We do not reveal any form of contact information between our members. Any and all communication is posted for all members and visitors to view on the website.

Privacy Policy
Please review our Privacy Policy that is part of and incorporated into these Terms. Your use of the ValueJockey website or the Service signifies an acknowledgement, understanding and agreement to our Privacy Policy. You further acknowledge and agree that ValueJockey may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses and other user information, if required to do so by law or in the belief that such action is necessary to comply with legal procedure, to enforce our Terms of use policy, and to protect the rights, property and safety of ValueJockey, its Members and the public. We reserve the right to contact you regarding any content, activities concerning our Service, or these Terms. Filtering software is available commercially to limit access to material that may be harmful to minors.

If we do not implement any specific requirement of these Terms, we are not relinquishing our right to do so at a later time. If a court should prohibit any of these Terms, the remaining Terms will survive. ValueJockey may transfer or allocate this agreement at our sole discretion. This Terms of Use agreement supersedes any prior agreements.

ValueJockey is owned and operated by SML Home LLC.

Copyright © 2008-2011 ValueJockey. All Rights Reserved.

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© 2008-2011 ValueJockey. All Rights Reserved.