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YippeeO LLC's e-Commerce Terms of Use Agreement

By using the YippeeO.com web site ("YippeeO LLC" or the “Site”), a service of YippeeO LLC., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"), including those available by hyperlink. If you have any questions, please refer to the Help Section of the Site.

Before you may become a member of YippeeO LLC, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on January 1^st, 2009 for current users, and upon acceptance for new users.

1. YippeeO LLC is a Venue

YippeeO LLC acts as a venue to allow users who comply with YippeeO LLC’s policies to offer, sell, and buy certain goods and services within a fixed price format. YippeeO LLC is not directly involved in the transaction between buyers and sellers. As a result, YippeeO LLC has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. YippeeO LLC does not pre-screen users or the content or information provided by users. YippeeO LLC cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, YippeeO LLC does not transfer legal ownership of items from the seller to the buyer. YippeeO LLC cannot guarantee the true identity, age, and nationality of a user. YippeeO LLC encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

You agree that YippeeO LLC is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on YippeeO LLC. You use the YippeeO LLC service at your own risk.

2. Membership Eligibility

Age: YippeeO LLC's Business websites are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by YippeeO LLC’s policies as stated in the Agreement and these YippeeO LLC policy documents:

• Plan Schedule
• Privacy Policy
• Copyright and Intellectual Property Policy

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify YippeeO LLC of any unauthorized use of your password or any breach of security. You also agree that YippeeO LLC cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on YippeeO LLC or through your Business Website, you must have a valid credit card on file with YippeeO LLC at all times.

Account Transfer: You may not transfer or sell your YippeeO LLC account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: YippeeO LLC's services are not available to temporarily or indefinitely suspended YippeeO LLC members. YippeeO LLC reserves the right, in YippeeO LLC’s sole discretion, to cancel unconfirmed or inactive accounts. YippeeO LLC reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

Joining and setting up a Business Website on YippeeO LLC can be free. YippeeO LLC charges fees for the number of listing for sale, as well as a percentage of the sale price when the item sells if that Rate Schedule plan has been selected. When you list an item you have an opportunity to review and accept the fees that you will be charged. YippeeO LLC's Rate Schedule, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for YippeeO LLC’s services are effective after YippeeO LLC provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, YippeeO LLC may choose to temporarily change the Fees Policy and the fees for YippeeO LLC's services for promotional events (for example, free listing days); such changes are effective when YippeeO LLC posts the temporary promotional event on the Site. YippeeO LLC may, at YippeeO LLC's sole discretion, change some or all of YippeeO LLC's services at any time. In the event YippeeO LLC introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees associated with using YippeeO LLC. YippeeO LLC keeps sellers' valid credit card or other accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the account.

Fees and Termination: Please refer to the Plans descriptions under the Financial Management section of your Account. If YippeeO LLC terminates your account, if you close your account, or if the payment of your YippeeO LLC fees cannot be completed for any reason, you remain obligated to pay YippeeO LLC for all unpaid fees plus any penalties, if applicable. You may cancel at any time if you have a free or paid account other than a Platinum Plan. Your credit card will be billed prior to commencement of the service and each month thereafter your card will automatically be billed. Any Account terminated once a billing cycle has begun will receive no refund for that period. If you have a Platinum Plan you have agreed to a minimum six (6) month (”Initial Term”) term length. If you cancel at any time prior to six (6) months you will be billed the entire outstanding amount (pro-rated for the already paid portion of six month commitment) at the time you close your account. If after the initial term you choose to close your account you may do so with thirty (30) days written notification. If you have a question or wish to dispute a charge, contact YippeeO LLC.

4. Listing and Selling

Listing Description: By listing an item on your Business Site you warrant that you, and all aspects of the item, comply with YippeeO LLC’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your YippeeO LLC Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Webstore Policies: All sellers are urged to outline Site policies for their YippeeO LLC Business Site. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All Business Site policies must comply with YippeeO LLC’s site-wide policies. Sellers are responsible for enforcing their own reasonable Site policies. YippeeO LLC reserves the right to request that a seller modify a Site policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding YippeeO LLC transaction fees, misrepresent the item’s location, or use another user’s account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to YippeeO LLC and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on YippeeO LLC.

Restricted Activities: Your Content and your use of YippeeO LLC shall not:

1.     Be false, inaccurate or misleading

2.     Be fraudulent or involve the sale of illegal, counterfeit or stolen items

3.     Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (See also, YippeeO LLC’s Copyright and Intellectual Property Policy.

4.     Violate this Agreement, Service Requirements, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

5.     Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

6.     Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including YippeeO LLC staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

7.     Be obscene or contain child pornography

8.     Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

9.     Host images not part of a listing

10.   Modify, adapt or hack YippeeO LLC or modify another website so as to falsely imply that it is associated with YippeeO LLC;

11.   Appear to create liability for YippeeO LLC or cause YippeeO LLC to lose (in whole or in part) the services of YippeeO LLC’s ISPs or other suppliers

12.   Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on YippeeO LLC.

Furthermore, you may not list any item on YippeeO LLC (or consummate any transaction that was initiated using YippeeO LLC’s service) that, by paying to YippeeO LLC the listing fee or the final value fee, could cause YippeeO LLC to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: YippeeO LLC does not claim ownership rights in your Content. You grant YippeeO LLC a license solely to enable YippeeO LLC to use any information or Content you supply YippeeO LLC with, so that YippeeO LLC is not violating any rights you might have in that Content. You grant YippeeO LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow YippeeO LLC to store or re-format your Content on YippeeO LLC and display your Content on YippeeO LLC in any way as YippeeO LLC chooses. YippeeO LLC will only use personal information in accordance with YippeeO LLC's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another YippeeO LLC user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for YippeeO LLC-related communications. YippeeO LLC has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any YippeeO LLC user to your email or physical mail list. For more information, see YippeeO LLC’s Privacy Policy.

Re-Posting Content: By posting Content on YippeeO LLC, it is possible for an outside website or a third party to re-post that Content. You agree to hold YippeeO LLC harmless for any dispute concerning this use. If you choose to display your own YippeeO LLC-hosted image on another website, the image must provide a link back to its listing page on YippeeO LLC.

7. Information Control

YippeeO LLC does not control the Content provided by users that is made available on YippeeO LLC. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using YippeeO LLC, you agree to accept such risks and that YippeeO LLC (and YippeeO LLC’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on YippeeO LLC. Please use caution, common sense, and practice safe buying and selling when using YippeeO LLC.

Other Resources: YippeeO LLC is not responsible for the availability of outside websites or resources linked to or referenced on the Site. YippeeO LLC does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that YippeeO LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Meetings

Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with YippeeO LLC’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. YippeeO LLC is not involved with user generated groups, the groups’ requirements, or the Meetings.

YippeeO LLC does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that YippeeO LLC does not in any way screen its users. All users agree to exercise good judgment in all interactions with others, particularly if meeting offline or in person.

Groups or User Fees: Some user-generated groups on YippeeO LLC may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. YIPPEEO LLC IS NOT INVOLED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO YIPPEEO LLC; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY YIPPEEO LLC, AND YIPPEEO LLC HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT YIPPEEO LLC IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, YIPPEEO LLC USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

9. Resolution of Disputes and Release

In the event a dispute arises between you and YippeeO LLC, please contact YippeeO LLC.

Should you have a dispute with one or more users, or an outside party, you release YippeeO LLC (and YippeeO LLC's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual 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 such disputes. YippeeO LLC encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

YippeeO LLC, for the benefit of users, may try to help users resolve disputes. YippeeO LLC does so in YippeeO LLC’s sole discretion, and YippeeO LLC has no obligation to resolve disputes between users or between users and outside parties. To the extent that YippeeO LLC attempts to resolve a dispute, YippeeO LLC will do so in good faith based solely on YippeeO LLC’s policies. YippeeO LLC will not make judgments regarding legal issues or claims.

10. YippeeO LLC's Intellectual Property

YIPPEEO LLC, and other YippeeO LLC graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of YippeeO LLC, Inc. in the U.S. and/or other countries. YippeeO LLC's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

11. Access and Interference

YippeeO LLC may contain robot exclusion headers which contain internal rules for software usage. Much of the information on YippeeO LLC is updated on a real-time basis and is proprietary or is licensed to YippeeO LLC by YippeeO LLC's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access YippeeO LLC for any purpose without YippeeO LLC’s prior express written permission. Additionally, you agree that you will not:

1.     Take any action that imposes, or may impose, in YippeeO LLC’s sole discretion, an unreasonable or disproportionately large load on YippeeO LLC’s infrastructure

2.     Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in the Service Requirements of YippeeO LLC, from the Site without the prior expressed written permission of YippeeO LLC and the appropriate third party, as applicable

3.     Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

4.     Bypass YippeeO LLC’s robot exclusion headers or other measures YippeeO LLC may use to prevent or restrict access to YippeeO LLC

12. Breach

Without limiting any other remedies, YippeeO LLC may, without notice, and without refunding any fees, delay or immediately remove Content, warn YippeeO LLC’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

YippeeO LLC suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, the Service Requirements of YippeeO LLC , or other policy documents and community guidelines incorporated herein; YippeeO LLC is unable to verify or authenticate any of your personal information or Content; Or YippeeO LLC believes that a user is acting inconsistently with the letter or spirit of YippeeO LLC’s policies, has engaged in improper or fraudulent activity in connection with YippeeO LLC or the actions may cause legal liability or financial loss to YippeeO LLC's users or to YippeeO LLC.

13. Privacy

Except as provided in YippeeO LLC’s Privacy Policy YippeeO LLC will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. YippeeO LLC stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14. No Warranty

YIPPEEO LLC, YIPPEEO LLC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND YIPPEEO LLC'S SUPPLIERS PROVIDE YIPPEEO LLC'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YIPPEEO LLC, YIPPEEO LLC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND YIPPEEO LLC'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM YIPPEEO LLC SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

15. Liability Limit

IN NO EVENT SHALL YIPPEEO LLC, AND (AS APPLICABLE) YIPPEEO LLC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR YIPPEEO LLC'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, YIPPEEO LLC’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

YIPPEEO LLC'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF YIPPEEO LLC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO YIPPEEO LLC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD YIPPEEO LLC AND (AS APPLICABLE) YIPPEEO LLC'S PARENT, SUBSIDIARIES, 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.

17. No Guaranty

YippeeO LLC does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside YippeeO LLC’s control.

18. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of YippeeO LLC’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and YippeeO LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. YippeeO LLC Service

YippeeO LLC reserves the right to modify or terminate the YippeeO LLC service for any reason, without notice, at any time. YippeeO LLC reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, YippeeO LLC will notify you via email to the email address in your account. What constitutes a "material change" will be determined at YippeeO LLC's sole discretion, in good faith, and using common sense and reasonable judgment.

22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Virginia and disputes arising under this Agreement will be adjudicated by the courts of the State of Virginia.

23. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (YippeeO LLC’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.

24. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to YippeeO LLC Attn: Legal Department; PO Box 456 Purcellville, VA 20134 (in the case of YippeeO LLC) or, in your case, to the email address you provide to YippeeO LLC (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, YippeeO LLC may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to YippeeO LLC. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in YippeeO LLC’s Copyright and Intellectual Property Policy.

25. Disclosures

The services hereunder are offered by YippeeO LLC Inc., located at PO Box 456, Purcellville, VA 20134. If you are a Virginia resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.