Your use of the Application confirms your agreement to these Terms of Use.

Application / Service Use. SkillServe grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement).

Intellectual Property – Applications. SkillServe owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter SkillServe’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any SkillServe Application.

Prohibited Countries Policy and Foreign Trade Regulation - Applications.

SkillServe Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department\'s list of Specially Designated Nationals or on the US Commerce Department\'s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an SkillServe Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).

Additional Terms. Additional terms and conditions that apply to you based on Apple devices

iOS – Apple

These Terms of Use are an agreement between you and SkillServe, and not with Apple. Apple is not responsible for the Application and the content thereof.

SkillServe grants you the right to use the Application on an iOS and Android product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.

Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

Apple and Apple\'s subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Using SkillServe

In connection with using or accessing the Services you will not:

Post, list or upload content or jobs in inappropriate categories.

Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status.

Use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our services, applications or tools.

Manipulate the price of any deal or interfere with any other user\'s listings.

Post false, inaccurate, misleading, defamatory, or libelous content.

Take any action that may undermine the feedback or ratings systems.

Transfer your SkillServe account (including reviews) and user ID to another party without our consent.

Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.

Distribute viruses or any other technologies that may harm SkillServe, or the interests or property of users.

Use any robot, spider, scraper, or other automated means to access our Services for any purpose;

Bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure.

Export or re-export any SkillServe application or tool except in compliance with the export control laws of any relevant jurisdictions.

Reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to SkillServe, or that comes from the Services and belongs to another SkillServe user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of SkillServe and/or any other party holding the right to license such use.

Commercialize any SkillServe application or any information or software associated with such application.

Harvest or otherwise collect information about users without their consent.

Circumvent any technical measures we use to provide the Services.

If we believe you are abusing SkillServe in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

Listing Conditions

When listing a deal, you agree to comply with the following rules:

You are responsible for the accuracy and content of the listing and deal offered.

Content that violates any of SkillServe’s policies may be deleted at SkillServe’s discretion.

We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

Buyer\'s location, search query, category, date posted, deal’s name and price.

We may provide you with optional recommendations to consider when creating your listings.

Content

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.

You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

Your use of or your inability to use our Services.

Pricing, format, or other guidance provided by SkillServe.

Delays or disruptions in our Services.

Viruses or other malicious software obtained by accessing or linking to our Services.

Glitches, bugs, errors, or inaccuracies of any kind in our Services.

Damage to your hardware device from the use of any SkillServe Service.

The content, actions, or inactions of third parties, including jobs listed using our Services or the destruction of allegedly fake jobs.

A suspension or other action taken with respect to your account or breach of the Abusing SkillServe Section above.

The duration or manner in which your listings appear in search results.

Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND YARD SALE HELPER HAVE AGAINST EACH OTHER ARE RESOLVED.

You and SkillServe agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the SkillServe User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and SkillServe, except as otherwise stated in the User Agreement.

B. Agreement to Arbitrate

You and SkillServe each agree that any and all disputes or claims that have arisen or may arise between you and SkillServe relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to SkillServe’s Services, or any products or services sold, offered, or purchased through SkillServe’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND YARD SALE HELPER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND YARD SALE HELPER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON\'S OR PARTY\'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY\'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA\'s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA\'s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA\'s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or SkillServe may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and SkillServe subject to the arbitrator\'s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or SkillServe may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same SkillServe user to the extent required by applicable law. The arbitrator\'s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

General

SkillServe

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.yardsalehelper.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an SkillServe representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and SkillServe and supersede all prior understandings and agreements of the parties.

You may contact SkillServe for any questions regarding this user agreement at skillserve@gmail.com