Date of Last Revision: 05-07-2008

Welcome to RummagePad, a social utility for local merchant, garage, or anything sales. RummagePad is a place to sell one item or many with interactive ways to reach your audience and make new friends to discuss issues of mutual interest. To use this site and the services offered, you must be 18 years old or older. By accessing this site you are certifying that you are at least 18 years of age. Use of the site and the services is void where prohibited.

These Terms of Service ("TOS") apply to all users of the RummagePad website (the "Site". By using this Site (including any content posted on the Site), you signify your acceptance of these TOS, as well as the Community Guidelines and the RummagePad Privacy Policy, which are incorporated by reference into these TOS and made a part hereof. RummagePad reserves the right to update or change these TOS at any time by posting the most current version of the TOS on the Site. Your continued use of the Site after we post any changes to the TOS signifies your agreement to any such changes. If you do not agree to these TOS, you must discontinue using the Site and terminate your membership in RummagePad. This Site is owned and operated by RummagePad, Inc. You acknowledge that RummagePad may establish limits concerning use of the Service, including the maximum number of days that Content will be retai ned by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that RummagePad has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that RummagePad reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that RummagePad shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service

You do not have to be a RummagePad Member to use this Site. However, only Members can access some of the most popular features and services that RummagePad currently offers, such as journals, photos, social networking features, or other services that we may offer in the future (the "Services"). Registration is free. If you are not registered with us, please click here to register and become eligible for all of RummagePad' features. When you register with RummagePad, you will be asked to provide us with your name, email address and other information that we may request, all of which will become part of your profile ("Profile Data"), and which you can add to or change from time to time. You will also be asked to select a screen name and password which will serve to identify you as a Member each time you visit the Site and allow you to access your account. You may not (i) select or use a screen name of another person with intent to impersonate that person, (ii) use a screen name in which another person has rights without authorization from that person, or (iii) use a screen name that RummagePad, at its sole discretion, deems offensive. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Profile Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or RummagePad has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). Members should immediately notify RummagePad of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his screen name and password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the Member. Members may share an account (using one screen name and password) if the account is being used for legitimate group discussions and if it is clearly disclosed that it is a group account.

RummagePad, Inc and other Company graphics, logos, designs, page headers, button icons, scripts and service names are or are in the process of being registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:

These rules have been encoded into our Community Guidelines. By using the Site, you agree to comply with the Community Guidelines.

You are solely responsible for all content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the RummagePad Community Guidelines, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. You may remove your User Content from the Site at any time. If you choose to remove your User Content, you acknowledge that the Company may retain archived copies of your User Content. RummagePad does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

The RummagePad site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of RummagePad, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that RummagePad shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You hereby release RummagePad, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

We reserve the right, but not the obligation, to review, monitor, edit or remove any content at any time and without notice if we believe that (i) the content violates these TOS or the Community Guidelines, (ii) removal is necessary to protect the rights, property or personal safety of RummagePad, its users and the public, or those of any third party, or (iii) if required to do so by law. We also reserve the right to remove postings that are off the subject or not in English. We can also remove content if we believe that doing so will improve our Site and the experience of our Members

In accordance with applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat violators. Company may also at its sole discretion prohibit access to the Site and/or terminate the memberships of any users at any time when in the sole judgment of the Company the violation is serious enough to merit action, whether or not there is any repeat violation. RummagePad may terminate any Member's account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if he or she has not logged into the Site with her screen name and password, or contacted RummagePad in any other manner. In addition, if you have been inactive for three (3) months, we may take down any photos that you have posted to your profile or anywhere else on the Site.

The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by RummagePad or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.

By registering for RummagePad, you will receive online communications from RummagePad. To unsubscribe from any RummagePad email list, simply click on the "Unsubscribe" link at the bottom of the email and your name will be removed from that mailing list.

Joining RummagePad posting, commenting, requesting bids for renovation projects is free. We do charge fees to professionals and contractors to bid on jobs, advertise and use other services on the Site. We offer these Services to users based on monthly, or yearly fees based on our Fee schedule. In the event that the service is cancelled by either party for any reason other than a violation of the TOS, professional fees for media advertising banners will be refunded as follows: With respect to users paying on a monthly basis, the unused portion of the monthly fee will be refunded within fourteen (14) days. With respect to users paying on an annual basis in advance, the refunds for the remaining portion of the year will be based upon a calculation as if the charges had been made on a monthly basis at the full rate. These fees may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to t emporarily change the fees for our services for promotional events (for example, discounted monthly or yearly fees for first time users) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites. We may also charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOS. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOS.

We care about the privacy of our users. Click here to view the RummagePad Privacy Policy.

Use at Your Own Risk. We provide the material available through this website for informational purposes only. You may only use the material and the services available through this website for your personal and non-commercial use. We try to ensure that information we post to this site is both timely and accurate, and that the services offered are reliable. Yet despite our efforts, errors may occur from time to time. Before you act on any information you've found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE, AND AGREE TO RELEASE RUMMAGEPAD FROM ANY AND ALL LIABILITY

No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW, AND IN THAT EVENT YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.

You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold RummagePad, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOS, applicable law or the rights of any third party.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

These TOS are the entire agreement between you and RummagePad. They supersede any and all prior or contemporaneous agreements between you and RummagePad relating to your use of the Site or the Services. If any part of these TOS is determined to be invalid or unenforceable, it will not impact any other provision of these TOS, all of which will remain in full force and effect. The failure of RummagePad to partially or fully exercise any rights or the waiver of RummagePad of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by RummagePad or be deemed a waiver by RummagePad of any subsequent breach by you of the same or any other term of these TOS. The rights and remedies of RummagePad under these TOS and any other applicable agreement between you and RummagePad shall be cumulative, and the exercise of any such right or remedy shall not limit RummagePad ' right to exercise any other right or remedy.

These TOS are governed by, and will be interpreted in accordance with, the laws of the State of Kansas, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by RummagePad for any violation of RummagePad's proprietary or other rights, any and all disputes relating to these TOS, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Kansas City, Kansas.