Terms & Conditions
SITE TERMS AND CONDITIONS OF USE AGREEMENT
In General
This Site is provided to you by ConsignmentMommies.com (Site). Access to and use of this Site and the services available at this Site are subject to the following terms and conditions as set forth in this notice. By accessing or using the Site or downloading materials from the Site, you agree to be legally bound by the terms and conditions set forth below without any modification. Please, review them carefully. If you do not agree to the terms, do not use this Site.
Intellectual Property
The copyright in this entire Site is held by ConsignmentMommies.com. All material provided on this Site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of ConsignmentMommies.com Individual visitors of this Site are permitted to download or print one copy of material published on this Site solely for their personal, non-commercial use, provided that they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. ConsignmentMommies.com does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.
The trademarks, logos and service marks (collectively referred to as “Trademarks”) displayed on this Site are claimed by ConsignmentMommies.com and no trademark license, either express or implied, is granted by ConsignmentMommies.com You do not have any right to use any Trademark or Service Mark displayed on this Site except as expressly provided under the doctrine of Fair Use without the prior written permission of ConsignmentMommies.com In the event of unauthorized use or misuse of its Trademarks ConsignmentMommies.com will pursue its legal remedies without delay.
Electronic Information Submitted to this Site.
Please be advised that neither ConsignmentMommies.com, nor any affiliated persons or entities is in a position to investigate, censor or otherwise ensure the accuracy of any comments, remarks or other information and content (“Content”) posted or generated by users of this Site, and therefore is not responsible in any way for such Content provided by users or other third parties. To the contrary, many of the users are of unknown identity and have no relationship or privity with ConsignmentMommies.com Therefore, ConsignmentMommies.com expressly disclaims, on behalf of itself and any affiliated persons or entities, any guarantee, warranty, other representations or responsibility with respect to the veracity, genuiness, completeness or lawfulness otherwise of any Content provided by non-employees of ConsignmentMommies.com. ConsignmentMommies.com further expressly disclaims, on behalf of itself and any related persons or entities, any guarantee, warranty, other representations or responsibility with respect to such user or third party Content as related to, among other things, intellectual property rights, copyright or trademark infringement, defamation, libel, slander, invasion of privacy or criminal or tortious activities otherwise. Accordingly, ConsignmentMommies.com does not assume (but expressly disclaims), on behalf of itself and any affiliated persons or entities, any liability of any kind for any alleged direct or consequential injury or damages arising from, or relating to in any way, the Content provided by users or other third parties or their activities otherwise, including, without limitation, any alleged liability under any federal or state criminal or civil laws (including provisions of the Communications Decency Act). Each of this Site’s users and third parties acknowledge, by usage of this Site, that he/she/it is solely responsible and liable for his/her/its Content, and neither ConsignmentMommies.com nor any affiliated persons or entities is the guarantor or indemnitor of any such party.
For clarity, you retain all of your ownership rights in the Content that you submit to our website. However, by submitting Content to ConsignmentMommies, Inc., you hereby grant ConsignmentMommies.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the ConsignmentMommies.com Website and ConsignmentMommies, (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the ConsignmentMommies.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ConsignmentMommies.com Website a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, display and perform such Contentas permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in the Content terminate within a commercially reasonable time after you remove or delete your Submissions from the ConsignmentMommies.com Service. You understand and agree, however, that ConsignmentMommies.com may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted. The above licenses granted by you in Content are perpetual and irrevocable.
Except on the express written agreement of ConsignmentMommies, Inc., any Content or other information submitted to this Site by users or other third parties shall be treated by ConsignmentMommies.com as non-confidential, non-proprietary and subject to disclosure and usage for any purpose as ConsignmentMommies.com deems fit in its absolute discretion. Notwithstanding the foregoing, ConsignmentMommies.com shall reasonably endeavor to maintain personal information of users in accordance with its privacy policy.
Your use of the Sites and Services to generate, submit and/or post User Generated Content confirms Your representation and warranty that You possess all necessary legal rights, power and authority to grant to ConsignmentMommies.Com and its affiliates and Third-Party Distributors the foregoing license. You further represent, warrant and agree that the User Generated Content You generate, submit, or post will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, and will not contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements.
ConsignmentMommies.com is under no obligation to review any User Generated Content submitted, posted or otherwise displayed on the Sites and Services and assumes no responsibility or liability relating to any such User Generated Content.
ConsignmentMommies.com reserves the right, but not the obligation, to refuse to post or remove any User Generated Content at Our sole and absolute discretion. User Generated Content We may remove or refuse to post may include, without limitation, any of the following:
(1) use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;
(2) use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
(3) use the Site for promotional or commercial purposes, including posting your sale information on competitors sale pages, and except as expressly allowed in writing by ConsignmentMommies.com;
(4) use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
(5) use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
(6) use the Site to promote bigotry or discrimination against protected classes;
(7) use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(8) use the Site to submit or transmit pornography or illegal content;
(9) use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
(10) use the Site in violation of the Terms of Service or any applicable law;
(11) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by ConsignmentMommies.com;
(12) reverse engineer any portion of the Site;
(13) remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site
(14) record, process, or mine information about other users;
(15) reformat or frame any portion of the Site;
(16) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on CONSIGNMENTMOMMIES.COM’s technology infrastructure;
(17) attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
(18) misuse or intentional misrepresentation of any contest, award or promotion. This includes, but is not limited to, using contest graphics improperly or in an attempt to confuse or mislead site fans or visitors. Specifically, sales who use award images, titles or contest graphics on non-winning locations may be removed from the site.
Use of Content
We may remove or reinstate Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Content, nor do we guarantee any confidentiality with respect to Content.
In an attempt to maintain a positive, productive, supportive community at ConsignmentMommies, we have the right to reject comments that are personal attacks, obvious competitor “bashing,” off-topic, self-promotional, inflammatory, contain profanity, or that aren’t constructive. Our ratings WELCOME constructive criticism, suggestions, feedback and advice, however, turf wars, personal attacks on organizers or blatant false reports will be moderated.
Removal of Content
Subject to, and without waiver of, any of the foregoing legal disclaimers and limitations on any liability, ConsignmentMommies, Inc., in certain situations outlined below, may at its absolute discretion remove Content provided by users or other third parties to the extent:
(1) ConsignmentMommies.com is presented with a valid court order from a court of competent jurisdiction ordering the removal of the posting;
(2) ConsignmentMommies.com is presented with a valid court order from a court of competent jurisdiction finding that the posting is slanderous, libelous, defamatory or otherwise illegal;
(3) ConsignmentMommies.com is presented with a settlement agreement, resolving a dispute between the poster and any third party(ies) complaining about the posting, mandating that the posting be removed;
(4) The posting contains vulgar, profane, or obscene language;
(5) The posting contains adult material, including but not limited to, graphic images, written images, or links thereto;
(6) The posting is not the type of posting for which the Site is intended, namely rating consignment sales and businesses;
(7) The posting contains the last name or family name of an individual (first names are allowed);
(8) Multiple copies of the same posting, or more than one review for a single sale by a single user; or
(9) The posting contains written communications between any parties.
(10) The posting contains references, such as names or domain names, to any other sale besides the sale that is the subject of the posting.
(11) The posting was written or altered in exchange for the offer of monetary consideration, whether in the form of goods, services, or monies.
Contests
ConsignmentMommies frequently executes contests and promotions on its website and social media networks, including, but not limited to Facebook, Twitter, Google+, Pinterest and more. By participating in any Contest, you agree to comply with any official rules and agree that Sponsor is not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error that may occur in the processing of submissions in the Contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of, the web site or any technical failure or malfunction.
Top Rated Consignment Sales
The term “Top Rated Consignment Sale” is awarded to a listing with an minimum number of positive reviews (in the form of comments). Prize graphics are awarded when the SALE OWNERS submits a request to ConsignmentMommies team, then the ConsignmentMommies team will award a graphic / prize and notify the winner. All Top Rated Consignment Sale graphics, rankings and titles are awarded to single sale locations and should only be used on those specific locations on the ConsignmentMommies website and in any promotational tools used by the SALE OWNER or winning location. Misuse of the graphics by posting awards or titles on secondary location or on collections of sales may result in removal from the ConsignmentMommies website for misuse and mispresentation.
TOP RATED RELEASE OF LIABILITY/PUBLICITY & GENERAL CONDITIONS: By participating in our on site ratings & reviews, Entrants and Sale Owners agree to abide by and be bound to these Official Rules and the decisions of Sponsor and its authorized representatives, which are final and binding in all respects. BY PARTICIPATING, ENTRANTS AND PRIZE WINNERS, AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE AFFILIATE AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL ALLEGED OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, AND PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, ACCESS TO THE WEB SITE, AND/OR PARTICIPATION IN THIS SWEEPSTAKES. By participating, Entrants and Sale Owners consent, where lawful, to the future use by Sponsor and their authorized third parties (including the right to edit, adapt, and modify) their review, in whole or in part, and their name, likeness, image, photograph, likeness, hometown name, biographical information (collectively their “Likeness”) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including but not limited to the Internet, World Wide Web, print, digital, broadcast, and in-store, without additional compensation, and without the right of review, notification or approval (and such persons agree to execute any and all documents required by Sponsor to evidence this consent).
If you believe that a user has posted material which meets one of the above conditions, email ConsignmentMommies, or write to us at the address provided below.
We reserve the right, but not the obligation, to exclude or remove from the Sites (or to refuse to distribute or redistribute) any Material, including User Generated Content, that We deem detrimental to the Sites or that is, in Our opinion, defamatory, infringing or in violation of applicable laws. Material that is submitted to Us for publication on the Sites or for distribution may be edited for length, clarity and/or consistency with the editorial standards or requirements of ConsignmentMommies.com or those of Our Third-Party Distributors.
ConsignmentMommies.com respects the copyright and trademark rights of others, and We ask Our advertisers and other third parties to do the same. In appropriate circumstances and at Our discretion, We may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe or repeatedly infringe the copyright or trademark rights of others. Therefore, if You reasonably believe that any Material on the Sites contains unauthorized reproductions of Your copyrighted work or otherwise infringes an exclusive copyright right, and You reasonably believe it is appropriate to notify Us to take any action/and You want Us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512), (“DMCA”) You must promptly provide in writing the following information:
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
Information reasonably sufficient to permit Us to contact You, such as Your name, address, telephone number, and e-mail address;
Include the following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
Include the following statement: “The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Send the written communication to:
Via E-mail: info@consignmentmommies.com
Via U.S. or International Mail:
ConsignmentMommies.com
119 Staunton Drive
Greensboro, NC 27410
Inclusion of Sale Listings & Ratings & Reviews
ConsignmentMommies.com reserves the right to reject or remove sale listings from our site at its sole discretion. If a sale owner wishes to have their sale listing removed from the site, they may do so by emailing info@consignmentmommies.com. Owner removed listings will be ineligible for future postings for a minimum of 12 months, at the discretion of ConsignmentMommies.com.
If you believe that a user has posted Content which violates our Content guidelines, email ConsignmentMommies, or write to us at the address provided below.
Sponsor Links
Certain links on our website such as various product advertisements or bargain or coupon deals link to third party sites. When you click on certain links, you may be visiting a third party advertiser website in the current browser window or in a new browser window.
Warranties, Disclaimers, and Limitations of Liability.
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. CONSIGNMENTMOMMIES.COM MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. CONSIGNMENTMOMMIES.COM FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM CONSIGNMENTMOMMIES.COM OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
CONSIGNMENTMOMMIES.COM DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF CONSIGNMENTMOMMIES.COM OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
CONSIGNMENTMOMMIES.COM FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
CONSIGNMENTMOMMIES.COM ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH CONSIGNMENTMOMMIES.COM RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
Indemnity
You agree to indemnify, hold harmless, and defend ConsignmentMommies.com, Inc., it subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), and its officers, directors, employees, agents, insurers, and representatives of any of them (collectively the “Release Parties”) from any an all claims, demands, actions, causes of action, suits, sums of money, judgments, controversies, and liabilities whatsoever, at law or in equity, arising from or in any way resulting from your use of this Site.
No Agency
You and ConsignmentMommies.com are independent contractors, and no agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship shall be deemed to exist, or is intended to exist by this Agreement.
Dispute Resolution
You agree that in the event a dispute arises concerning your use of ConsignmentMommies.com, or any other program or service offered by ConsignmentMommies, Inc., that such dispute shall be resolved via an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. You agree that all arbitration proceedings will be conducted at Greensboro, NC. You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in the County of Guilford, North Carolina.
Choice of Law
You agree that any dispute arising under this Agreement shall be governed by the laws of the state of North Carolina.
No Guarantee of Continuous Use
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be stopped due to factors outside our control.
Survival
In the event one part of this Agreement is found to be invalid, the other provisions shall remain valid and enforceable.
Agreement
Your use of this Site signifies your agreement to be bound by the terms of this Agreement.
Contact ConsignmentMommies.com
You can direct any questions concerning these Terms and Conditions of Use to:
Via E-mail: info@consignmentmommies.com
Via U.S. or International Mail:
ConsignmentMommies.com
119 Staunton Drive
Greensboro, NC 27410
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