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User Agreement
IMPORTANT: USING THE ONLINE MATERIALS EXCHANGE WEB SITE CONSTITUTES ACCEPTANCE OF THIS USER AGREEMENT.
The Online Materials Exchange Web site is operated by the King County Solid Waste Division (SWD) as a public service to the residents of King County. The goal of the Online Materials Exchange is to provide a safe and efficient venue for exchanging relatively inexpensive, re-usable items so that these items may be kept out of the waste stream. The focus of the Online Materials Exchange is waste reduction; not financial gain by registered site users.
To accomplish the goals of this Web site, the SWD may: (1) set price restrictions for household items and building materials listed on the site, (2) limit the numbers of items an entity may list at one time, (3) limit the duration that a listing appears online, and (4) limit the type of materials that may be exchanged on the site.
This is a user-monitored site. The Solid Waste Division can not and does not attempt to monitor the content of all listings that it receives. IT IS POSSIBLE THAT YOU MAY FIND OTHER USER'S INFORMATION OR LISTINGS TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE. Use caution, common sense, and practice safe trading when using our site.
This User Agreement describes the terms and conditions under which you may use the Online Materials Exchange Web site. Please read it carefully. If you do not accept the terms and conditions stated here, do not use this site. The Online Materials Exchange may revise these terms and conditions at any time by updating the user agreement. You should visit this page periodically to review the terms and conditions because they are binding on you.
If you have any questions about the User Agreement, please contact the site administrator.
Provider
The Online Materials Exchange is a service provided by the Solid Waste Division of the King County Department of Natural Resources and Parks. Throughout this agreement the terms "Online Materials Exchange," "Solid Waste Division," "King County," "Department of Natural Resources," "we", and "our" are to be considered synonymous. Users
There are two categories of "users" of the Online Materials Exchange: those listing items for sale or to be given away and those who are seeking items to purchase. Throughout this Agreement, the terms "user" and "you" are to be considered synonymous. Purpose
The Online Materials Exchange Web site is operated by the King County Solid Waste Division (SWD) as a public service to the residents of King County. The goal of the Online Materials Exchange is to provide a safe and efficient venue for exchanging relatively inexpensive, re-usable items so that these items are kept out of the waste stream. The focus of the Online Materials Exchange is waste reduction; not financial gain by registered site users.
To accomplish the goals of this Web site, the SWD may: (1) set price restrictions for household items and building materials listed on the site, (2) limit the numbers of items an entity may list at one time, (3) limit the duration that a listing appears online, and (4) limit the type of materials that may be exchanged on the site.
The Online Materials Exchange is intended to be a forum for exchanging products, not ideas. It is an advertising forum, not a chat room. The Online Materials Exchange reserves the right to redact or delete any communication that is not consistent with the purpose of the site. User Eligibility
To be eligible to list items on the Online Materials Exchange, you must be a resident, business or organization of King County. The person creating the listing must be at least eighteen (18) years old. If you do not qualify, please do not use this site. Individuals who have been temporarily or indefinitely suspended from the site may no longer use the Online Materials Exchange. Site Administrator
The Online Materials Exchange is operated by a "site administrator" who is responsible for ensuring that the Online Materials Exchange runs efficiently, that it promotes the goal of waste reduction, and that it is operated in manner that is responsible and does not promote harmful, offensive, or illegal activity.
The Solid Waste Division's Recycling and Environmental Services Manager shall designate the site administrator in writing. The site administrator serves at the discretion of the Recycling and Environmental Services Manager, and may be relieved of this responsibility at any time and without cause.
The site administrator has broad and exclusive authority to implement the goals of the Online Materials Exchange and to ensure that the site is operated in a safe and efficient fashion.
If, in the site administrator's opinion, a listing does not promote the goals of the Online Materials Exchange, is inconsistent with the site's Listing Policy, or is potentially harmful, offensive, or illegal, the administrator may remove the listing from the Online Materials Exchange.
Furthermore, the site administrator has the authority to warn, temporarily ban, or permanently ban any individual from using the Online Materials Exchange if that individual has posted a listing that has been removed for the reasons set forth in the previous paragraph. The site administrator's decision in this regard is final and may not be appealed or reviewed. Fees
There is no fee to list items on the Online Materials Exchange. This is a free service.
Online Materials Exchange users are responsible for all costs relating to shipping and sales tax. At no time shall the Online Materials Exchange or the Solid Waste Division be responsible for any costs incurred by users of the Online Materials Exchange. The Online Materials Exchange is Only a Venue
- Overview: This site acts as a venue for users to list, purchase, or acquire items. The SWD is not involved in the actual transaction between users. As a result, the SWD has no control over the quality, safety or legality of the items advertised; the truth or accuracy of the listings; the ability of users to sell or giveaway items; or the ability of users to buy or acquire items. The SWD cannot and does not ensure, warrantee, or guarantee that a user will actually complete a transaction.
- Safe Trading: Because user authentication on the Internet is difficult, the Online Materials Exchange cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification.
- Outside Links: The Online Materials Exchange permits users to post links to outside Web sites where photos or more detailed descriptions of items may be found. The Online Materials Exchange and the SWD have no control over the content to be found on any of these Web sites. Users should exercise extreme caution in visiting any Web site with which they are not personally familiar. The SWD assumes no responsibility for any consequences associated with visiting a Web site through a link on the Online Materials Exchange.
- Release: The SWD is not involved in actual transactions between users. In the event that you have a dispute with one or more users, you agree to release the Online Materials Exchange, King County, and the Solid Waste Division (including elected officials, agency directors, agents, subsidiaries and employees) from all claims, demands, and damages (actual, incidental and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the Online Materials Exchange.
- Information Control: This is a user-monitored site. Please report any suspected misuse to the site administrator.
The Solid Waste Division can not and does not attempt to monitor the content of all listings that it receives. The requirements set forth in this User Agreement are obligatory, but as a practical matter likely to be enforced after the fact by the site administrator. IT IS POSSIBLE THAT YOU MAY FIND OTHER USER'S INFORMATION OR LISTINGS TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE. Use caution, common sense, and practice safe trading when using our site.
Buying & Selling
The Online Materials Exchange provides a forum to list materials, to make an offer to sell, and to make an offer to buy. The Online Materials Exchange, however, is not involved in the transaction or in enforcing the transaction agreements. Disputes concerning the offer, acceptance, consideration, or any other issues relating to the validity of the contract, are to be resolved between the parties. In no circumstance is the Online Materials Exchange to be a party to such disputes. Listing
- Listing Description: Listings may only include a text description describing the item that is for sale or that you wish to give away.
All items must be listed in an appropriate category.
You may not promote identical items in more than one listing on our site at any one time.
- Fraud and Criminal Activity: Without limiting any other remedies, the SWD may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent or criminal activity in connection with our site.
Your Information
"Your Information" is defined as any information you provide to the Online Materials Exchange, or to other users, during the registration, buying, or listing process, in any public message area (including the feedback area), or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
- Your Information (or any items listed therein):
- shall not be false, inaccurate, or misleading;
- shall not be fraudulent or involve the sale of counterfeit or stolen items;
- shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
- shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- shall not be obscene or contain child pornography or be otherwise adult in nature or harmful to minors;
- shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
- shall not link directly or indirectly to or include descriptions of goods or services that:
- are prohibited under this Agreement;
- are identical to other items you have up for sale but are priced lower than your item's minimum price on the Online Materials Exchange; or
- you do not have a right to link to or include.
- You may not list any item on our site (or consummate any transaction that was initiated using our site) that, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited Items list (which includes hazardous materials).
- So that the Online Materials Exchange does not violate any rights you might have in Your Information, and solely to enable the Online Materials Exchange to use the information you supply to us, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. The Online Materials Exchange will only use Your Information in accordance with our Privacy Policy.
Access and Interference
Our Web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Materials Exchange site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Web site without the prior expressed written permission of the Online Materials Exchange or the appropriate third party.
Breach
Without limiting other remedies, the Online Materials Exchange may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users, or the Online Materials Exchange. Privacy
View our complete current Privacy Policy online.
No Warranty
The Online Materials Exchange does not warrant that the Web site will operate error free or that this Web site and its server are free of computer viruses or other harmful materials. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. We and our suppliers provide our Web site and services "as is" and without any warranty or condition, express, implied, or statutory. No Limit
In no event shall the SWD or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). Indemnity & Hold Harmless
You agree to defend, indemnify and hold the Online Materials Exchange, King County, and the Solid Waste Division (including, but not limited to, elected officials, affiliates, officers, directors, agents, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any selecting, listing, purchase, solicitation of offers to purchase, and sale of items. No Agency
You are an independent entity, 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, any notice to the Online Materials Exchange shall be given by postal mail to: The Online Materials Exchange; attn: King County Solid Waste Division, 201 S. Jackson St., Suite 701, Seattle, WA 98104 (in the case of the Online Materials Exchange).
Notice to you shall be to the e-mail address you provide to the Online Materials Exchange during the registration process. Notice shall be deemed given 24 hours after email is sent to you. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Online Materials Exchange during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing. Mediation & Arbitration
Any controversy or claim against the Online Materials Exchange arising out of or relating to this Agreement or our services shall be settled by mediation or binding arbitration. Any such controversy or claim shall be mediated or arbitrated on an individual basis, and shall not be consolidated in any mediation or arbitration with any claim or controversy of any other party. The mediation or arbitration shall be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Online Materials Exchange may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington necessary to protect the rights or property of you or the Online Materials Exchange pending the completion of mediation or arbitration. Additional Terms
The following documents are incorporated by reference:
- Listing Policy: We may change the Listing Policy from time to time. Changes are effective upon posting to this Web site.
- Prohibited Items Policy: We may change the Prohibited, Questionable & Infringing Item Policy from time to time. Changes are effective upon posting to this Web site.
- Privacy Policy: We may change our Privacy Policy from time to time. Changes are effective upon posting to this Web site.
General
- This Agreement shall be governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents.
- 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.
- This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
BY USING THE ONLINE MATERIALS EXCHANGE YOU AGREE TO ACCEPT AND ABIDE BY ALL OF THE CONDITIONS SET FORTH IN THIS USER AGREEMENT. DO NOT USE THIS SITE IF YOU HAVE NOT READ THE USER AGREEMENT AND AGREE TO ABIDE BY ITS TERMS.
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