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User Agreement

Site access and interference with site

You agree that you will not use any automated method of accessing the Site. You also agree that you will not take any action that imposes or may impose an unreasonable load on the Site or its infrastructure.You agree further that you will not take any action that interferes or attempts to interfere in any manner what so ever with the operation of the Site and that you will not attempt to bypass our robot exclusion headers or other methodswe may use to prevent or restrict access to the Site. You also agree that you will not manipulate or attempt to manipulate the price of any item listed on the Site or interfere with any other user's listing or transaction. You may not download (other than page caching) or modify the Site or any portion of it, without our express writtenconsent. This includes: a prohibition on any resale or commercial use of the Site or its contents; any collection anduse of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloadingor copying of account information for the benefit of another merchant; or any use of data mining, robots, or similardata gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied,sold, resold, visited (except in accordance with this agreement), or otherwise exploited for any commercial purposewithout our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo,or other proprietary information (including images, text, page layout, or form) of Mousefoot.com without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without ourexpress written consent.

Privacy issues

Our site Privacy Policy, as amended from time to time, is incorporated herein, subject, however, to the provisions of this agreement. You agree not to use any information you learn as a result of using the Site about any other user of the Site for any purpose other than completing a purchase or sale of an item in accordance with this agreement, unless the other user specifically authorizes your use of the information. Without limiting the foregoing, you agree not to use any such information for purposes of making any solicitation of any nature, advertising any product or service, sending any unsolicited email or other communication, or engaging in conduct constituting harassment of any person, invasion of privacy, objectionable conduct, or conduct that would be inconsistent with our Privacy Policy. You are prohibited from posting any information to the Site concerning any other user or that would identify any other user in any way.

Right to investigate and report information to authorities

To the extent permitted by applicable law, we have the right, but not the obligation, to monitor any activity on the Site, and to investigate any reported violation of this agreement or our policies and any complaint relating to the use of our Site by any person, and to take any action we deem appropriate, including the issuance of warnings, suspending or terminating a listing or registration or the use of the Site, removing listings, bids or other materials from the Site, and to report any activity we suspect violates any law, rule or regulation to law enforcement or other appropriate authorities. We reserve the right to access and disclose to law enforcement agencies and other appropriate authorities any information we deem necessary or appropriate, including, without limitation, user identification information and any other information we may have.

Right to investigate and report information to authorities

You agree to comply with all applicable laws, rules and regulations relating in any way to your use of the Site, including your listing and sale of items, and your bidding for or purchasing items. You may not register under or use a false name. You may not make bids under a false name, impersonate another person, or use another user's password. Fraudulent conduct is a violation of state and federal laws, and is strictly prohibited. We may report any conduct we consider fraudulent or potentially fraudulent to law enforcement agencies, and we will cooperate with law enforcement agencies in an effort to ensure that violators are prosecuted to the fullest extent permitted by law.

Disclaimers and limitations of liability

The Site is provided on an "AS IS," "as available" basis. Neither Mousefoot.com, nor its officers, directors, employees, agents, or others warrant that use of the Site will be uninterrupted, secure, adequate for your purposes or error-free.Further, we make no representation that content provided on the Site is applicable or appropriate for your use whether in locations inside or outside of the United States. Mousefoot.com specifically disclaims warranties of any kind, either express or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.No oral advice or written information given by Mousefoot.com or any of its officers, directors, employees, agents or others shall create a warranty. You expressly agree that the use of the Site is at your sole risk.

Under no circumstances shall Mousefoot.com or any of its officers, directors, employees, agents or others be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Mousefoot.com records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of Mousefoot.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Violations

In addition to any other remedies available to us, we may suspend or terminate your use of the Site if you violate any of the terms of this agreement or any of the policies or other documents incorporated into this agreement. We also may suspend or terminate your use of the Site if we are unable to verify information you provide to us or if we suspect that your actions may harm us or the Site or another user or potentially cause legal liability to us, you or another user. We may also suspend or terminate your use of the Site without notice to you or any other person for any other reason or for no reason at all.

Copyrights, trademarks and other intellectual property matters

The Site may contains copyrighted material, trademarks and other proprietary information, and the Site itself is copyrighted. Mousefoot.com and other marks indicated on the Site may be registered trademarks or servicemarks of Mousefoot.com in the United States and in other countries. Our graphics, logo, headers, button icons, scripts, and service names are trademarks or trade dress of Mousefoot.com. Mousefoot.com's trademarks and trade dress shall not be used in connection with any product or service that is not Mousefoot.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mousefoot.com. All other trademarks not owned by us that appear on the Site are property of their respective owners. Except as otherwise expressly permitted under copyright law, you may not copy, distribute, transmit, publish or otherwise use any of the copyrighted material or trademarks in violation of applicable law without the express prior written consent of Mousefoot.com and any other trademark, copyright or other proprietary rights owner. You also may not post or otherwise make available on the Site any material unless you have the full legal right to do so, including the consent of any copyright, trademark or other proprietary rights owner. By posting or otherwise submitting any material to any public area of the Site, you represent and warrant to Mousefoot.com that you have the full legal right to do so, and you automatically grant to Mousefoot.com (or warrant that the owner of the copyright, trademark or other proprietary rights has granted to Mousefoot.com) a royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, translate and distribute that material worldwide and to incorporate it in any other form, media or technology now known or hereafter developed, solely for marketing, promotion, display and other purposes related to Mousefoot.com.

Indemnification

You agree to indemnify and hold harmless Mousefoot.com and each of its officers, directors, employees, consultants, agents, subsidiaries and affiliates from any and all claims, demands, losses, liabilities, damages and expenses (including costs of investigation and defense, including attorneys' fees) of any kind and nature what so ever arising out of or in any way connected with your violation of this agreement or any of the policies or other documents incorporated into this agreement, or your violation of any applicable law, rule or regulation, or your violation of any other person's rights, including without limitation any violation or infringement of any person's copyright or other intellectual property right or privacy rights. Your indemnification obligation will survive and continue in effect after any termination of this agreement or of your use of the Site.

Taxes

We are not the seller of any of the items listed on the Site, and we are not responsible for collecting or remitting any state, federal or local or other taxes. Buyers and sellers are responsible for compliance with all applicable tax laws and for paying any applicable taxes.

Arbitration

Any dispute you may have with Mousefoot.com or any of its officers, directors, employees, consultants, agents, subsidiaries or affiliates relating in any way to this agreement or your visit to or use of the Site shall be submitted to confidential arbitration in Pittsburgh, Pennsylvania,, except that, to the extent that we believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Pennsylvania and you consent to exclusive jurisdiction and venue in any such court, and you waive any claim of inconvenient forum or similar claim. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding, and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, unless otherwise elected by us, no arbitration under this agreement shall be joined to any arbitration involving any other party, whether through class arbitration proceedings or otherwise.

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Copyright © 2012 Mousefoot. All Rights Reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the Mousefoot User Agreement and Privacy Policy.
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