LAST UPDATED: June 09, 2017.
LICENSE. If you are 18 or older, and subject to these Term of Use, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to access AGF. Unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from AGF, excluding content you create.
MEMBERSHIP AND ACCOUNT SECURITY. Certain features and content on AGF are restricted to only registered users, such as adding listings, private messaging, and making offers on listings. Additionally, in order to use AGF Payments you will be required to create an account with Stripe, Inc (“Stripe”). You are responsible for inputting and maintaining true, accurate, and up-to-date account information at all times. You are responsible for maintaining the confidentiality of your account information. You are responsible for maintaining the security of your AGF account and Stripe account, including by maintaining the security and confidentiality of your login credentials. You cannot pretend to be someone else. By default your email address and business contact information are not visible to other users, you assume full responsibility if you choose to make this information visible to other users. Unless they are for different entities, you cannot have multiple accounts. You may delete your account at any point in time. You give consent to AGF to contact you for the purpose of confirming some or all of your user information, to conduct research and to resolve disputes, as AGF may elect to do from time to time.
USER CONTENT. AGF allows you to post content, including photos, comments, messages, links and other materials. Anything that is posted or otherwise make publicly available on AGF by a user, including you, is referred to as “User Content.” You retain all rights in, and are solely responsible for, all User Content that you post to AGF. By posting content on AGF, you grant AGF, and any third-party websites powered by AGF, a non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide perpetual license to use, store, display, reproduce, modify, create derivative works from, perform and distribute your User Content in any and all media or distribution methods, solely for the purposes of operating, developing and providing AGF. You represent that you have all of the rights, power and authority necessary to grant the license granted herein to any User Content that you post on AGF. Nothing contained in these TOU shall restrict other legal rights AGF may have to your User Content.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such User Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed or warranties made via User Content. Any use or reliance on User Content on AGF is at your own risk. Under no circumstances will AGF be liable for any losses or damages incurred as a result of the use of User Content available through AGF or syndicated elsewhere.
THIRD PARTY VENDORS. In using AGF, you may have the opportunity to engage with third-party vendors who offer products that may be used in conjunction with AGF. You are under no obligation to engage with a third-party vendor in order to use AGF. However, if you choose to engage with a third-party vendor, you acknowledge and agree that (i) we have no responsibility for, and you release us from any responsibility for, the services, products, content, or other information that the third-party vendor may provide to you; (ii) your dealings with the third-party vendor are solely between you and that vendor, and are subject to the terms and conditions agreed to between you and the third-party vendor; and (iii) we are not responsible for any losses you may incur based on your dealings with any third-party vendor.
FEEDBACK. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or obligation to you of any kind, monetary or non-monetary. By accepting your submission, AGF does not waive any rights to use similar or related feedback previously known to AGF, developed by its employees or obtained from sources other than you. Your feedback is non-confidential and will become our sole property and AGF will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the feedback to others without limitation or obligation. You waive any rights you may have to the feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
USE RESTRICTIONS. If you are at least 18 years old, you may use AGF in compliance with these TOU. Persons under the age of 18 years old may only use AGF under the direct supervision of a parent or legal guardian who is at least 18 years old. The parent or legal guardian is fully responsible for all activities. If you are registering to use AGF on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf. As a condition of your use of AGF, you agree that you will not:
- Modify, copy, publish, license, sell, or otherwise commercialize AGF or any information or software associated with AGF (including, but not limited to, underlying technology, content, or source code);
- Rent, lease or otherwise transfer rights to AGF;
- Use AGF in any manner that could impair any of our websites or applications in any way or interfere with any party’s use or enjoyment of any such site or application;
- Violate any contracts or laws, including intellectual property laws;
- Violate any requirements, policies, procedures or regulations of any network connected to AGF;
- Post any threatening, abusive, defamatory, obscene or indecent material;
- Be false or misleading;
- Infringe any third-party right;
- Distribute or contain spam, chain letters, or pyramid schemes;
- Distribute a virus, worm, contaminated file, Trojan horse, or any other technologies that may harm AGF or the interests or property of AGF users;
- Impose an unreasonable load on our infrastructure or interfere with the proper working of AGF;
- Copy, modify, or distribute any other person’s content without their consent;
- Use AGF to spam, stalk, harass, or otherwise harm another user;
- Use any robot spider, scraper or other automated means to access AGF and collect content for any purpose without our express written permission;
- Use any information available from AGF to contact any users for purposes other than negotiations to buy or sell items listed by the user;
- Post any private information of any third party (including, but not limited to, contact information or financial information)
- Develop any third-party applications that interact with AGF without AGF’s prior written consent;
- Use AGF to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these TOU, illegal gambling, fraud, money-laundering, or terrorist activities;
- Transfer any rights granted to you under these TOU;
- Encourage or induce any third party to engage in any of the activities prohibited under this section;
- Harvest or otherwise collect information about others, including email addresses, without their consent; and/or
- Bypass measures used to prevent or restrict access to AGF.
MODERATION. You agree we may moderate AGF access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules, e.g. prohibited items as outlined in this TOU, are incorporated herein.
SUSPENSION AND ACCOUNT TERMINATION. Users found to be in violation of these TOU and/or the published guidelines and policies may be subject to review, which can result in suspension and/or account termination. AGF reserves the right to suspend and/or terminate an account when continued use of AGF by the account is deemed, in our sole discretion, not in the best interests of AGF. If your account has been suspended, your access to AGF will be removed. To protest an account suspension, please contact us.
FEES AND SERVICES. While AGF can be used free of charge, we make certain services available for a fee. The following terms apply for any purchase of AGF services.
- FEES. You are responsible for paying all fees, in US dollars (USD) unless noted otherwise, and any applicable taxes. You represent and warrant that you are authorized to use the payment method you designate via AGF. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. To the extent permitted by law, fees are nonrefundable and you are responsible for paying them when they are due, even for posts we remove. If you do not, we may limit your ability to use AGF. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. We reserve the right to refuse purchases, which may place a hold on your account.
- SUBSCRIPTIONS. Certain services provided by AGF are offered on a subscription basis with automatically-renewing payments. The billing period for each type of subscription service will be as specified via AGF at the time of subscription registration. When you register for any subscription service, you expressly acknowledge and agree that (a) AGF (or its designated third-party payment processor) is authorized to charge you on a recurring basis for the subscription service (in addition to any applicable taxes and other charges) at the then-current rates for as long as the subscription service continues, and (b) the subscription service will continue until you cancel it or we suspend or stop providing access to AGF in accordance with these terms.
- SUBSCRIPTION CANCELLATION POLICY. You can cancel your subscription at any point in time via your AGF account settings in the User Dashboard. You must cancel a subscription service before the start of the next billing period in order to avoid charges for the next billing period’s fees. Following any cancellation, you will continue to have access to the subscription services (subject to these TOU) through the end of your current billing period.
- PRICE CHANGES. AGF reserves the right to modify the fees for any paid services, including any subscription, from time to time in its sole discretion. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. For subscription services, price changes will apply to the next billing period.
- TAXES. You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of a paid service from AGF. We will collect applicable sales tax if we determine that we have a duty to collect sales tax, and will provide notice of such taxes at the time you place your order.
- ERRORS. In the event of an error in connection with the pricing or charging of a paid service, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.
- NO REFUNDS. Except as provided in these TOU, or as otherwise expressly agreed upon by AGF, all sales (including subscription services) are final and there are no refunds. There are no refunds or credits for partially used subscription service periods.
LISTINGS. By posting to AGF, you represent to other users and prospective buyers that: (a) your use of AGF and all aspects of the listing comply with these TOU and our policies; (b) you have the legal right and ability to sell the goods included in the listing; and (c) the listing is accurate, current and complete and is not mislabeled, misleading or otherwise deceptive. The purchase price for each item listed on AGF is determined by the seller.
INTELLECTUAL PROPERTY. All design and content related to AGF (excluding user content) and any derivative works or enhancements of the same, including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Service Content”) and all intellectual property rights to the same are owned by AGF, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on AGF are owned by AGF, our licensors, or both.
All right, title, and interest in and to AGF and all intellectual property rights to the same are and will remain the exclusive property of AGF, our licensors or both. Our websites, products, services and content are protected by copyright, trademark, and other laws of both the United States and foreign countries.
Except for the limited use rights granted to you in these TOU, you shall not acquire any right, title or interest in AGF. Any rights not expressly granted in these TOU are expressly reserved. Nothing in the TOU gives you a right to use the AGF name or any of the AGF trademarks, logos, taglines, domain names, and other distinctive brand features.
MESSAGING. By using AGF, you agree to the following when using our internal messaging system:
- You may not send spam. Doing so will result in an account suspension. If you receive spam, please let us know immediately.
- You may not contact another user who has requested communications be terminated.
- You may only use messages to communicate about a listing in which you are interested.
- You may not provide any personal contact information (email, phone number, etc…)
- You may not provide any payment information (credit card, bank information, Stripe Account ID, etc…). If another user requests any payment information, please contact us immediately.
- Be respectful and courteous. Treat others as you want to be treated. Abusive, hateful, or otherwise demeaning or inappropriate messages will not be tolerated and can result in account suspension or termination.
OTHER USERS. You agree that AGF shall not be held liable for your dealings and interactions with other users, including any losses or damages resulting from such dealings or interactions. This includes meetings and payments.
We do not review users’ postings, except as may be expressly set out in these terms. Since most of the content on AGF comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
PURCHASES FROM OTHER USERS. Once you have exchanged the item and any associated payment with the other party, you agree that all sales are final, and that the seller is under no obligation to provide a refund unless otherwise agreed between the buyer and seller. We disclaim all responsibility for facilitating refunds or other disputes between users.
- CASH AND OTHER PAYMENTS DETERMINED BY USERS. A buyer may, by agreement with the seller, elect to make payment by cash, check or other payment method accepted by the seller. Such payments are made directly between the buyer and the seller when they meet in person to complete their purchase and sale transaction, pursuant to terms they determine. AGF is not a party to such transactions, and does not facilitate such transactions, refunds or returns in any manner.
- AGF PAYMENTS. A buyer and seller may instead utilize AGF Payments to accept debit cards, credit cards, and other electronic payment methods. AGF has integrated with Stripe, a third-party payment processor, to allow sellers to accept electronic payment methods. Sellers must register and enroll in the Stripe Connect service through Stripe in order to activate their ability to receive electronic payment methods via AGF Payments. AGF, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through AGF Payments. Additionally, Stripe may impose its own limits and limitations on a seller’s use of AGF Payments.
- By using AGF Payments to accept electronic payment methods, you are entering into an agreement with Stripe subject to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). Notwithstanding anything to the contrary in the Stripe Services Agreement, you will not have the right to have Stripe, and will not request that Stripe, transfer any buyer data Stripe collects via AGF Payments to an alternative payment processor. Except for the foregoing restriction that supersedes any rights you may have in the Stripe Services Agreement, the Stripe Services Agreement is separate from these TOU. AGF is not a party to the Stripe Services Agreement and will not be liable or responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with AGF Payments, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into AGF Payments.
- SELLER FEES. You agree to pay the service fees described in the AGF Payments overview for the sales transactions you make using AGF Payments. The service fees include electronic payment method processing fees to Stripe and service fees to AGF. AGF reserves the right to change the service fees from time to time.
- TRANSACTION LIMIT. You agree to comply with any transaction limits (monetary cap or otherwise) as described in the AGF Payments overview for the sales transactions you make using AGF Payments.
- All purchases made using AGF Payments are made directly between the buyer and the seller when they meet in person to complete their purchase and sale transaction, pursuant to the terms they determine. When you conduct a payment through AGF Payments, the seller processes your electronic payment method using Stripe’s payment processing service. AGF is not a party to purchase and sale transactions completed using AGF Payments, and does not facilitate such transactions, refunds or returns in any manner, except to provide an interface through which you can provide your electronic payment method to Stripe to process on behalf of the seller.
- RECEIVING SALES PROCEEDS. Upon completion of a sale in which the buyer uses AGF Payments, if you have not previously set up a Stripe account, then you must set up a Stripe account in accordance with the requirements specified by Stripe to receive the payment via AGF Payments. Stripe must accept your application to use AGF Payments before you can receive sales proceeds via AGF Payments. If Stripe rejects your application or you fail to set up a Stripe account within 90 days after completion of a sale processed by Stripe through AGF Payments, then Stripe may disable or limit your ability to receive sales proceeds via AGF Payments.
- ACCEPTABLE USE VIOLATIONS. Your right and/or ability to receive sales proceeds via AGF Payments may be revoked, disabled or limited if the sale violates these TOU, including for sales that violate the prohibited items guidelines.
- TRANSACTIONS FINAL. Regardless of the payment method chosen, all purchases are final, and there are no refunds, unless you and the seller otherwise agree and make arrangements for a refund. AGF will not be responsible for facilitating refunds.
- It is your responsibility to determine what, if any, taxes apply to each transaction you complete via AGF, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. AGF is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via AGF.
DISPUTES. AGF reserves the right (but has no obligation) to mediate disputes between users. Our mediation does not constitute our involvement with the transaction. The outcome of our mediation shall not restrict other legal remedies and rights you may have. In the event that we mediate a dispute, you agree to hold AGF, its officers, employees, agents, and successors, harmless and not liable for and claims, losses, damages or costs resulting from the resolution.
PROHIBITED ITEMS. Shown below is a partial list of goods, services, and content which are prohibited. You must comply with all applicable laws, these TOU, and all published policies and guidelines. If you have any questions or concerns, please contact us.
- Alcohol and Tobacco;
- Firearms, weapons, fireworks or any destructive device;
- Pornography, adult-oriented items, content and services;
- Offer or solicitation of prostitution;
- Gambling items, services or activities;
- Drugs of any kind, drug-like substances, drug paraphernalia;
- Pseudo pharmaceuticals;
- Substances designed to mimic illegal drugs;
- Blood, bodily fluids or body parts;
- Regulated products and services;
- Intellectual property or proprietary rights infringement;
- Counterfeit, knock-off brand name or unauthorized goods;
- Stolen property, or property with serial number removed or altered;
- Recalled items;
- Items or activities that promote or glorify hatred or racial or religious intolerance;
- Illegal, inappropriate or offensive items or activities;
- Items or activities that enable or instruct others to engage in illegal activity;
- Cash or cash equivalent such as money orders, travelers’ checks, etc.;
- Investment & credit services;
- Money and legal services;
- Virtual currency or stored value;
- Money aggregation;
- High risk businesses;
- Get rich quick schemes, money-making items or services;
- Medical and health services
- Miracle cure products;
- Multi-level marketing;
- Mug shot publication or pay-to-remove services;
- Video game or virtual world credits
- Sale of social followers, likes, views, etc.
- Bulk email or mailing lists;
- No-value-added services.
Please don’t use AGF for these purposes. If you see someone else in violation of these rules, please contact us and/or report the listing.
INDEMNITY. You agree to indemnify and hold AGF and (as applicable) AGF’s parent, officers, directors, members, shareholders, employees, agents and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, costs and expenses, 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 rights of a third party.
ARBITRATION. For any dispute you have with AGF, you agree to first contact us and attempt to resolve the dispute with us informally. If AGF has not been able to resolve the dispute with you informally and the dispute is not otherwise resolved by mediation, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and AGF agree otherwise, the arbitration will be conducted in Albuquerque, New Mexico. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that upon your request, AGF will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to AGF. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these terms, you and AGF are each waiving the right to a trial by jury or to participate in a class action.
GOVERNING LAW. AGF is controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. These Terms shall be governed by the laws of the State of New Mexico unless otherwise specified herein. You agree to submit to the personal jurisdiction of a state court located in Albuquerque, New Mexico. You agree that any action or dispute, if filed in court, including the enforcement of a settlement pursuant to mediation or enforcement of an arbitration award, shall be filed in federal or state court in Albuquerque, Bernalillo County, New Mexico and you hereby irrevocably submit to the jurisdiction of such courts and specifically waive any objection you may have to either the jurisdiction or the venue of such New Mexico courts.
LEGAL COMPLIANCE. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of AGF. If you are located outside of the United States, you shall comply with all applicable United States laws, statutes, ordinances and regulations regarding your use of AGF.
DISCLAIMER. Many jurisdictions have laws protecting consumers and other contract parties, limiting their ability to waive certain rights and responsibilities. We respect such laws; nothing herein shall waive rights or responsibilities that cannot be waived.
To the extent permitted by law, (1) we make no promise as to AGF, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and AGF is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your AGF use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“AGF ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) AGF ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
DMCA. NOTIFICATION OF CLAIMS OF INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY. If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify A Good Find’s agent for notice of claims of copyright infringement (“Agent”), at firstname.lastname@example.org. Please provide our Agent with the following Notice, which shall include each of the following:
- Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material on the A Good Find site that you claim is infringing, with enough detail so that we may locate it;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Your Notice will be subject to The Digital Millennium Copyright Act (DMCA). Under appropriate circumstances, A Good Find may terminate the accounts of repeat infringers.