These Terms of Use (“Terms”) describe the terms and conditions that govern your use of this website and any associated content or services (hereinafter, “website,” “site,” or, collectively, “Services”) offered by Letgo USA B.V. (“we,” “us”, “our” or “the Company”).
Your acceptance of these terms also constitutes your consent to the processing activities described in our Privacy Policy.
General Rules
If you choose to access or post content to our website or use any features of our website, you will be agreeing to abide by all of the terms and conditions of these Terms.
We may change, add, or remove portions of these Terms at any time by notifying you of the change on our website. Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the website.
We may change, suspend, or discontinue any aspect of the Services at any time. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.
Accessing Content
All material published or available on the Services is protected as is. Reliance on the content posted on the Services is at your own risk and cannot be guaranteed. If you have questions about the reliability of any particular content on the Services, you should seek to independently verify the information.
Prohibited Use of the Services
You may not access or use, or attempt to access or use the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. This prohibition does not apply to any intended use and does not apply to any permissible use of an API that the Services makes available.
In addition, you shall not:
- Access any part of our website, data, API or information not made available to the public
- Use any service, software or manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the website or associated API in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits
- Archive the content (except for a public search engine’s use of spiders for creating search indices)
- Take action that imposes an unreasonable or disproportionately large load on our network or infrastructure
- Do anything that could disable, damage or change the functioning or appearance of the website
Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
Representations and Warranties; Indemnification; Limitation of Liabilities
You agree to indemnify, defend and hold harmless the Company and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider, agency, municipality, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY TO ENSURE THAT THE SERVICES ARE AVAILABLE, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR INDEPENDENT VERIFICATION AND DUE DILIGENCE BY YOU. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR SAFETY OR THE CONTENT OF THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH LAW ENFORCEMENT OR AN APPROPRIATE REPRESENTATIVE OF THE MUNICIPALITY WHERE THE LOCATION EXISTS. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT WILL WE, OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“THE PARTIES“) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE “EXCLUDED DAMAGES“). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Third Party Content and Links to Third Party Websites
The Services may contain links to third-party websites, resources, and advertisements. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for any of the linked content. Because we are not responsible for the availability of these outside resources, you should direct any concerns regarding the linked content to such websites.
Governing Law; Choice of Forum
These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of New York as an agreement wholly performed therein without regard to their conflict of law provisions. Any suit under these Terms must be brought in either the state or federal courts located in New York City, New York.