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TERMS AND CONDITIONS FOR USE OF THROWPLACE.COM®

Welcome to the Throwplace.Com® web site (the “Site”) owned and operated by Throwplace.Com, Ltd.® (“Throwplace®”). This Agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (the “User”) may access and use this Site.

Terms and Conditions
By visiting the Site, you, the User, indicate that you have read and understand these Terms and Conditions and intend them to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree to these Terms and Conditions, please discontinue your use of the Site. Participation in any transaction on this Site will conclusively be deemed to be your acceptance of these Terms and Conditions. Please note that Throwplace® reserves the right to change the Terms and Conditions under which this Site and its offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.

1. Grant of License.
This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all Users warrant to Throwplace® that they will not use this Site for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms and Conditions.

2. Password Policy.
Your use of certain portions of this Site requires a Throwplace® password. Anyone with knowledge of your password can gain access to the restricted portions of this Site, your account and/or other information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your password, as well as for any communications entered through the Site using your password. You agree that Throwplace® shall not be under any duty to inquire as to the authority or propriety of any instructions given to Throwplace® by you or under your password; Throwplace® will not be liable for any loss, cost, expense or other liability arising out of any such instructions. You agree to (a) immediately notify Throwplace.Com® of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Throwplace® reserves the right to delete or change a password at any time and for any reason. Throwplace® cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

3. Account Access.
You understand that your use of the Site may involve the transmission to and from you of information that may be considered personal and/or financial information. You consent to the transmission by electronic means of such information through the Site, and such consent shall be effective at all times that you use the Site. You understand that your account information is current as of the date indicated and is not a definitive statement of your account.

4. Provision of Information.
When you provide information to Throwplace® through the Site, you agree to provide true, accurate, current and complete information about yourself and any goods to be traded on the Site. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity from Throwplace® for any purpose.

5. Notices, Communications, and Electronic Signatures.
You agree to accept all communications from Throwplace regarding use of the Site at the addresses you provide to Throwplace®. Please promptly update any changes to your information by updating such information on-line by accessing My Account. Throwplace® is entitled to rely on the e-mail address and mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or mail address not communicated to ThrowPlace.com® as specified above. You agree to be bound by any affirmance, assent or agreement you transmit through the Site. You agree that, when in the future you visit the Site, your agreement or consent to these Terms and Conditions shall be legally binding and enforceable and the legal equivalent of your handwritten signature.

6. Throwplace’s® Role and Responsibilities.
Throwplace® facilitates the exchange of goods. It does not view, verify, assure title or take possession of listed Throws. Throwplace® takes no responsibility whatsoever for listed Throws, including the descriptions of donated items, their condition or availability as stated on the Site. Throwplace® does not take responsibility for Taker claims or promises to accept goods, nor the method or expense of doing so, nor the failure of a Charity to send a receipt. You agree to hold Throwplace® harmless from any activity or claims arising from your use of the Site and/or the Services provided hereby.

7. Throwplace®’s Reservation of Rights.
Throwplace® retains the right, but does not have the obligation, to immediately halt any Throw or other Service, prevent or restrict access to the Site or the Services or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, procedures and guidelines, and to correct any inaccurate listing or any inappropriately categorized items.

8. Your Transactions and Obligations.
Throwers, Takers, and Classified Listings create different obligations by accessing the Site and using the Services. By listing an item to Throw, you represent and warrant to prospective Takers that you have the right and ability to donate such items, and that the listing is accurate, current and complete and is not misleading or otherwise deceptive. In Classified Listings, you agree that it is the seller’s and the buyer’s responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. You also agree that Throwplace® is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction and it does not provide any advice with regard thereto.

9. Intellectual Property Rights.
All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Throwplace® does not grant any express or implied right(s) to Users of this Site. Copyright and other proprietary rights in the Site, or portions thereof, may be held by individuals and/or entities other than Throwplace®. Removing or altering the copyright notice on any material on this Site is prohibited. Throwplace® owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site’s content. “Throwplace®”, “Throwplace.com®”, and “Throwplace.com, Ltd. ®”, the logo and all other trademarks, names, logos, and icons identifying Throwplace or Throwplace®’s services are proprietary marks of Throwplace®. A patent is pending for technical applications used in developing and operating this Site.

10. Privacy Policy.
Please see Throwplace®’s Privacy Policy for a summary of Throwplace®’s practices regarding the collection and use of non-public personal or business information. Acceptance of these Terms and Conditions constitutes consent to Throwplace®’s collection and use of non-public personal or business information as outlined therein.

11. Compliance with Applicable Laws.
User’s access to this Site is governed by all applicable federal, state and local laws.

12. User's Code of Conduct

You agree NOT to do any of the following:

• List any flammable, unsanitary, illegal or inappropriate items.
• List items for sale, or any sale prices for your Throws (you may place a Classified Ad on the site to sell items). All items listed as Throws on Throwplace.com are to be donated (free of charge).
• Include your name or phone number in Take requests unless you opt to pay for an Enhanced Listing for name and/or logo placement in Throw listing.
• Circumvent this Site by contacting business donors on the Site or Users on the Site rather than effecting a trade through the Site for donation fulfillment and ad responses.
• Restrict or inhibit any other authorized user from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, any account without owner's permission, or (b) obtaining or soliciting another person's password or other personal information under false pretenses.
• Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Site, or attempting to do so.
• Post, store, or transmit any knowingly inaccurate or misleading personal or financial information.
• Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, abusive, libelous, harassing, hateful or racially ethnically or otherwise objectionable (as determined by Throwplace®) information or material.
• Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
• Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted on the Site.
• Use the Site to post, store, or transmit any information or software that contains a virus, work, Trojan horse, or other harmful or disruptive component.
• Use the Site to post, store, or transmit materials in violation of another party's copyright or other intellectual property rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party's rights.
• Use the Site for any unlawful purpose.
• Harm minors in any way.
• Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
• Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
• Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• "stalk" or otherwise harass another; or
• collect or store personal data about other users.

In addition, in connection with your use of the Site, you agree to comply with the following requirements:

• List only appropriate items on the Site--free, legal, safe and non-offensive.
• Pass on any items you take from Throwplace.com that you no longer need. Please find an environmentally responsible way to recycle, reuse or dispose of uneeded goods.
• List only items that you intend to donate. All items listed on Throwplace.com® are to be given away, free (you may list items for sale in the Classified Ad section).
• Be clear and concise when describing Throws and filling out "Take" forms.
• Be honest in describing your items and stating their fair market value.
• If you "Throw" an item, check your account regularly for Take requests and select a recipient promptly.
• Promptly send promised donations within 10 days or facilitate the pick-up of donated items within 10 days.
• If you are a charitable recipient of donated items, promptly send a tax deductible receipt to the donor.

13. Assumption of Risk.
Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Throwplace® has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Throwplace® and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns are not responsible for the security of any information transmitted via the Internet. The User assumes sole and complete risk for using this Site and must make his or her own determination as to these matters.

14. Law Enforcement.
Throwplace® reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Throwplace® will also comply with all court orders involving requests for such information.

15. Links to Other Sites.
Throwplace® may offer links to other web sites (“third-party sites”) that may offer various products, services, and/or information. Users should be aware that use of these third-party web sites may be subject to separate terms and conditions, information collection practices, and other provisions. Throwplace® cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party sites. Throwplace® does not endorse any of the products or services offered in any third-party sites. Further, Throwplace® has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party sites. Before proceeding with any transaction with any third-party site, whether the transaction is on-line or off-line, it shall be the sole responsibility of the User to conduct whatever investigation such User deems necessary and appropriate.

16. Events Beyond Throwplace®’s Control.
Users expressly absolve and release Throwplace® from any claim of harm resulting from a cause beyond Throwplace®’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problem, wars, terrorism, or governmental restrictions.

17. DISCLAIMERS.
WHILE THROWPLACE® ENDEAVORS TO PROVIDE ACCURATE AND TIEMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, THROWPLACE® MAY MADE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.

YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE. THROWPLACE® MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL THROWPLACE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, ANY DELAY OR INABILITY TO ACCESS YOUR ACCOUNT, UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT, ANY INFORMATION AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICK LIABILITY, OR OTHERWISE, EVEN IF THROWPLACE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH JURISDICTIONS, THROWPLACE®’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THIS SITE SHALL NOT EXCEED $1,000.00.

YOU UNDERSTAND AND AGREE THAT THROWPLACE® IS NOT PROVIDING ANY LEGAL, TAX OR ACCOUNTING ADVICE TO ANY USER OF THIS SITE. USERS ARE STRONGLY ADVISED TO OBTAIN ADVICE FROM THE ATTORNEY OR ACCOUNTANT OF THE UER’S CHOICE WITH REGARD TO THE LEGAL, TAX AND ACCOUNTING IMPLICATIONS OF ANY ACTIVITY EFFECTED BY MEANS OF THIS SITE.

18. Indemnity.
You agree to defend, indemnify, and hold harmless Throwplace® and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement. Throwplace® reserves the right, at its own expenses, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Throwplace®. You agree to cooperate as fully as reasonably required in Throwplace®’s defense of any claim.

19. Submissions.
Throwplace® also welcomes your feedback and suggestions about how to improve our products and services and this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Content”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Throwplace® to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary.

20. Digital Millennium Copyright Act.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Throwplace® reserves the right to remove any material on the Site which allegedly infringes another person’s copyright. Notices to Throwplace® regarding any alleged copyright infringement on the Site should be directed to: help@throwplace.com.

21. Governing Law.
This Agreement, including the Throwplace® User Agreement, has been made in, and will be construed and enforced in accordance with the laws of the District of Columbia. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the District of Columbia, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Throwplace® from its offices within the United States. Throwplace® makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.

22. Waiver.
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Throwplace® of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

23. Severability.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

24. Relationship.
No joint venture, partnership, employment, or agency relationship exists between a User and Throwplace® as a result of this Agreement or User’s utilization of this Site.

25. Anti-Hacking.
You may not, nor may you allow others to, directly or indirectly, attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any content. You may not, nor may you allow others to, directly or indirectly, collect or attempt to collect any information about others, including, but not limited to, passwords, account or other information.

26. Statute of Limitations.
You agree that, regardless of any statute or law to the contrary any claim or cause of action arising out of or related to use of this Site or the Terms and Conditions of its use must be filed within one (1) year after the date such claim or cause of action arose or it shall be forever barred.

27. Entire Agreement/Reservation of Rights.
These Terms and Conditions, together with the Throwplace® Privacy Policy, which is hereby incorporated as if set forth fully here, represent the entire agreement between the User and Throwplace® with respect to use of and material available on or through this Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and Throwplace® with respect to this Site. Any rights not expressly granted herein are reserved.  

I ACCEPT THE ABOVE TERMS AND CONDITIONS OF USE OF THIS SITE.