Terms of Use.

4. Intellectual Property

With the exception of User Data, the Services and their entire contents, features, and functionality, including trademarks, service marks, images, descriptions, any and all related technology and any modifications, enhancements or derivative works thereof (collectively, “FE Materials”) are the property of Fourbie Exchange, its licensors, or other providers of such material, and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. As between you and Fourbie Exchange, Fourbie Exchange retains all right, title and interest, including all intellectual property rights, in and to the FE Materials. You agree to notify Fourbie Exchange immediately upon becoming aware of any claim that the Services infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.

Subject to your compliance with these Terms, Fourbie Exchange grants you a limited, non-exclusive, non-sublicensable, non-transferable, right to access and use the Services solely for your personal use. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Fourbie Exchange. Except as expressly permitted by these Terms, you will not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the FE Materials in whole or in part.

If you provide Fourbie Exchange any feedback or suggestions regarding your use of the Services, including for improving the Services (“Feedback”), you hereby assign to Fourbie Exchange all right, title, and interest in such Feedback and agree that Fourbie Exchange is free to use such Feedback in any manner it deems appropriate. Fourbie Exchange will treat any Feedback you provide to Fourbie Exchange as non-confidential and non-proprietary.

5. Additional Obligations & Restrictions on Use

To access the Services, you may be asked to sign up for an account, select a password and username, and provide certain registration details or other information (“Credentials”). You agree to provide us information that is correct, current, and complete. You are responsible for protecting the confidentiality of your Credentials. Fourbie Exchange is not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials.

You agree that you will not: (i) copy, modify, translate, patch, improve, or create any derivative works of the Services, or any part thereof; (ii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Services, or any part thereof; (iii) circumvent technical or security measures used in conjunction with the Services; (iv) frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any other product or service, unless you obtain Fourbie Exchange’s express prior written consent to do so; (v) forge headers, misrepresent your identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Data transmitted to or via the Services; (vi) collect, store, publish, post, sell, transmit or disclose personal data about other Users of the Services unless expressly authorized by such other Users to do so; (vii) harvest or otherwise collect information about other Users of the Services without their consent; (viii) alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices; (ix) use the Services for competitive purposes, including to develop or enhance a competing service or product; or (x) violate any applicable state, national or international law or regulation or the rights of third parties, including intellectual property laws and third-party rights with respect thereto.

You further agree that you will not use the Services (xi) to post, list, or upload inappropriate content or items; (xii) to impersonate or attempt to impersonate Fourbie Exchange, an Fourbie Exchange employee, another User, or any other person or entity; (xiii) if you are unable to form legally binding contracts or are suspended, temporarily or permanently, from using the Services; or (xiv) if you are prohibited from doing so under economic, trade, or other sanctions.

 6. User Content & User Data

By submitting, uploading, transmitting or making available to Fourbie Exchange through the Services any of your data and materials (“User Content”), you represent and warrant that (i) you own or have all rights necessary to submit, upload, transmit or make available such User Content and otherwise use it for your intended purpose; and (ii) the User Content you submit, your use of such User Content, and our use of such User Content, as set forth in these Terms, do not and shall not (a) infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy, data protection or publicity rights of any third party; and (b) violate any applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer and exportation. You agree that you will not post content that is false, deceptive, inaccurate, misleading, defamatory, obscene, threatening, libelous, or that 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. You further agree that you will not post content that consists of or contains software viruses, political campaigning, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

You are solely responsible for your User Content and assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. Fourbie Exchange takes no responsibility and assumes no liability for any User Content posted by you or any third party. Any User Content you post will be considered non-confidential. Fourbie Exchange has the right but not the obligation to monitor and edit or remove any User Content.

By making any User Content available through the Services you hereby grant to us a non-exclusive, transferable, sub-licensable, worldwide, perpetual, irrevocable, fully paid up, royalty-free license to use, copy, modify, aggregate, create derivative works based upon, distribute, publicly display, publicly perform, distribute and otherwise fully exploit your User Content in connection with the Services and our (and our successors’ and assigns’) businesses, including, without limitation, to promote and redistribute part or all of the Services in any media and through any media channels, including after the termination of your account or the Services. You also hereby grant each User of the Services a non-exclusive, perpetual license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.

You may collect and use information from or relating to another User (“User Data”) solely as necessary to complete your diligence and the auction transaction and must do so in compliance with applicable laws. You must destroy all User Data as soon as the auction is concluded.

7. Termination of Access & Use

You agree that Fourbie Exchange, in its sole discretion and without notice or other obligation to you, may terminate, change, suspend or discontinue any aspect of the Services at any time and that we may suspend or terminate your access to and use of the Services if we believe that you are in breach of our Terms or applicable law, or for any other reason without notice or liability.

Upon termination of these Terms of Use, your right to use the Services and FE Materials will immediately terminate. Provisions that, by their nature, should survive termination of these Terms of Use shall survive termination, including, without limitation, Section titled “Intellectual Property,” “Termination of Access & Use”, “User Content and User Data,” “Privacy Policy”, “Disclaimer of Warranties”, “Limitation of Liability”, “Dispute Resolution”, “Governing Law,” “Indemnification,” and “Miscellaneous.”

8. Eligibility & Access Outside of the United States

You represent and warrant that you are of legal age to form a binding contract with Fourbie Exchange and are not barred from using the Services by the laws of the United States or the country in which you reside. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Fourbie Exchange makes no claims that the Services or any of its content are appropriate or may be downloaded or accessed outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you use the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

9. Privacy Policy

For information on our data and information collection, disclosure and use practices, please read our Privacy Policy located at https://www.fourbieexchange.com/privacy-policy/. You acknowledge and understand that Fourbie Exchange’s use of the data we collect and your personally identifiable information will be in accordance with the Privacy Policy. By using the Services, you consent to the privacy policies set forth in the Privacy Policy.

10. Copyright Policy

If you believe that any content posted on the Services violates your copyright, please see our Copyright Policy provided at https://www.fourbieexchange.com/copyright-policy/ for instructions on sending us a notice of copyright infringement.

10. Third-party Websites

The Services may include links to third-party websites that we do not control or operate (each, a “Third-Party Website”). We are not responsible for any information, content, advertising, products, services or other materials on any Third-Party Website, and the presence of such links does not constitute our endorsement, approval or sponsorship of any Third-Party Website. If you choose to link to any Third-Party Website, you are doing so at your own risk, and you will be subject to the terms of use of that website. Therefore, before interacting with any Third-Party Website, you should consult the legal terms governing the use of such Third-Party Website. We expressly disclaim any and all liability resulting from your use of any Third-Party Website, and you hereby release and hold us harmless from any and all liability arising from your use of any Third-Party Websites.

11. Disclaimer of Warranties

YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOURBIE EXCHANGE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS AND AVAILABILITY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. FOURBIE EXCHANGE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF A PRODUCT OR SERVICE (INCLUDING, WITH RESPECT TO SELLER VEHICLES, THE MILEAGE), FOURBIE EXCHANGE IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION.

FOURBIE EXCHANGE FURTHER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GOODS OR SERVICE, INCLUDING SELLER VEHICLES, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE SERVICES OR ANY THIRD-PARTY WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE, AND EXPRESSLY DISCLAIMS ANY SUCH RESPONSIBILITY AND LIABILITY. YOU ASSUME ALL RISKS FOR YOUR USE OF OR RELIANCE ON THE SERVICES.

FOURBIE EXCHANGE IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS OF ANY USER OF THE SERVICES. FOURBIE EXCHANGE CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO. FOURBIE EXCHANGE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN USERS AND EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE SERVICES.

12. Limitation of Liability

NEITHER FOURBIE EXCHANGE NOR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF FOURBIE EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICES OR ANY PERFORMANCE UNDER THESE TERMS, INCLUDING A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT. TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION RENDERS JUDGMENT AGAINST FOURBIE EXCHANGE, NOTWITHSTANDING THE FOREGOING, FOURBIE EXCHANGE’S LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE GREATER OF 1) THE AMOUNT PAID BY YOU IN CONNECTION WITH SUCH USE IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY, OR 2) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13. Dispute Resolution

In the event of any controversy, dispute or claim arising out of or related to your use of the Services or their content, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association.  Arbitration shall take place in the State of Maryland. Notwithstanding the parties’ agreement to settle any disputes by arbitration, Fourbie Exchange may bring a claim for injunctive relief in any appropriate state or federal district court located in the State of Maryland. The parties consent to the personal jurisdiction of such courts and to the sole venue therein only for such purposes. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR USE OF THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

14. Governing Law

These Terms and the relationship between you and Fourbie Exchange will be governed by the laws of the State of Delaware, USA, without giving effect to principles of conflict of laws of any jurisdiction. All parties to these terms of use waive their respective rights to a trial by jury.

15. Release

If there is a dispute between Users, or between Users and any third party, you agree that Fourbie Exchange is under no obligation to become involved. If you have a dispute with one or more other Users, you release Fourbie Exchange, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

16. Indemnification

You shall indemnify, defend and hold harmless Fourbie Exchange and its affiliates, service providers, licensors, and their respective officers, directors, employees, contractors and agents from and against any and all claims, actions, damages, obligations, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, costs of collection and other costs of defense, arising out of or relating to your (i) use of the Services or FE Materials, (ii) User Content, (iii) violation of these Terms, or (iv) violation of applicable laws.

17. Notice

Any notices shall be given by email to you at the last known email address provided to Fourbie Exchange and, in the case of Fourbie Exchange, to legal@fourbieexchange.com. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable. Such emails shall satisfy any legal requirement that communications be made in writing.

18.  Miscellaneous

These Terms are personal to you. You will not assign or otherwise transfer any rights or obligations under these Terms without the prior written consent of Fourbie Exchange. If any provision of these Terms is held to be invalid, illegal or unenforceable under applicable law, then the invalid, illegal or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. These Terms, the Privacy Policy, and the Copyright Policy constitute the entire agreement between you and us with respect to the subject matter hereof and thereof and supersede all prior and contemporaneous agreements, whether oral or written, between us and you with respect to the same.