NoLongerNeedIt | Selling and Trading 2nd Hand Items

For those who have never seen a free online classified ad site or trading post, NoLongerNeedIt may need some explaining. Our free bartering website allows potential barterers and sellers to create listings of the items they hope to buy, sell or swap. And if you choose to swap, barterers can also create a wish list of the items or services they hope to receive in exchange for their listings.

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1. ACCEPTANCE OF TERMS

NoLongerNeedIt provides a collection of online resources,including classified ads, forums, and trade/swap listings, (referred tohereafter as "the Service") subject to the following Terms of Use("TOU"). By using the Service in any way, you are agreeing to complywith the TOU. In addition, when using particular NoLongerNeedIt services, youagree to abide by any applicable posted guidelines for all NoLongerNeedItservices, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines,or any subsequent modifications thereto or become dissatisfied with NoLongerNeedItin any way, your only recourse is to immediately discontinue use of NoLongerNeedIt. NoLongerNeedIt has the right, but is notobligated, to strictly enforce the TOU through self-help, community moderation,active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change,modify or otherwise alter these terms and conditions at any time. Such modifications shall become effectiveimmediately upon the posting thereof. You must review this agreement on aregular basis to keep yourself apprised of any changes. You can find the mostrecent version of the TOU at:

http://www.NoLongerNeedIt.com/about/terms_of_use_html

3. CONTENT

You understand that all postings, messages, text, files,images, photos, video, sounds, or other materials ("Content") postedon, transmitted through, or linked from the Service, are the soleresponsibility of the person from whom such Content originated. Morespecifically, you are entirely responsible for each individual item("Item") of Content that you list, email or otherwise make availablevia the Service. You understand that NoLongerNeedIt does not control, and isnot responsible for Content made available through the Service, and that byusing the Service, you may be exposed to Content that is offensive, indecent,inaccurate, misleading, or otherwise objectionable. Furthermore, the NoLongerNeedItsite and Content available through the Service may contain links to otherwebsites, which are completely independent of NoLongerNeedIt. NoLongerNeedIt makes no representation orwarranty as to the accuracy, completeness or authenticity of the informationcontained in any such site. Your linkingto any other webites is at your own risk. You agree that you must evaluate, andbear all risks associated with, the use of any Content, that you may not relyon said Content, and that under no circumstances will NoLongerNeedIt be liablein any way for any Content or for any loss or damage of any kind incurred as aresult of the use of any Content posted, emailed or otherwise made availablevia the Service. You acknowledge that NoLongerNeedIt does not pre-screen orapprove Content, but that NoLongerNeedIt shall have the right (but not theobligation) in its sole discretion to refuse, delete or move any Content thatis available via the Service, for violating the letter or spirit of the TOU orfor any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The NoLongerNeedIt site and Content available through theService may contain features and functionalities that may link you or provideyou with access to third party content which is completely independent of NoLongerNeedIt,including web sites, directories, servers, networks, systems, information anddatabases, applications, software, programs, products or services, and theInternet as a whole.

Your interactions with organizations and/or individualsfound on or through the Service, including payment and delivery of goods orservices, and any other terms, conditions, warranties or representationsassociated with such dealings, are solely between you and such organizationsand/or individuals. You should makewhatever investigation you feel necessary or appropriate before proceeding withany online or offline transaction with any of these third parties.

You agree that NoLongerNeedIt shall not be responsible orliable for any loss or damage of any sort incurred as the result of any suchdealings. If there is a dispute between participants on this site, or betweenusers and any third party, you understand and agree that NoLongerNeedIt isunder no obligation to become involved. In the event that you have a disputewith one or more other users, you hereby release NoLongerNeedIt, its officers,employees, agents and successors in rights from claims, demands and damages(actual and consequential) of every kind or nature, known or unknown, suspectedand unsuspected, disclosed and undisclosed, arising out of or in any wayrelated to such disputes and / or our service. If you are a Californiaresident, you waive California Civil Code Section 1542, which says: "Ageneral release does not extend to claims which the creditor does not know orsuspect to exist in his favor at the time of executing the release, which, ifknown by him must have materially affected his settlement with thedebtor."

5. NOTIFICATION OFCLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way thatconstitutes copyright infringement, or your intellectual property rights havebeen otherwise violated, please notify NoLongerNeedIt's agent for notice ofclaims of copyright or other intellectual property infringement("Agent"), at

support@NoLongerNeedIt.com

Please provide our Agent with the following Notice:

a) Identify the material on the NoLongerNeedIt site that youclaim is infringing, with enough detail so that we may locate it on thewebsite;

b) A statement by you that you have a good faith belief thatthe disputed use is not authorized by the copyright owner, its agent, or thelaw;

c) A statement by you declaring under penalty of perjurythat (1) the above information in your Notice is accurate, and (2) that you arethe owner of the copyright interest involved or that you are authorized to acton behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

NoLongerNeedIt will remove the infringing posting(s),subject to the the procedures outlined in the Digital Millenium Copyright Act(DMCA).

6. PRIVACY AND INFORMATION DISCLOSURE

NoLongerNeedIt has established a Privacy Policy to explainto users how their information is collected and used, which is located at thefollowing web address:

http://www.NoLongerNeedIt.com/about/privacy_policy_html

Your use of the NoLongerNeedIt website or the Servicesignifies acknowledgement of and agreement to our Privacy Policy. You furtheracknowledge and agree that NoLongerNeedIt may, in its sole discretion, preserveor disclose your Content, as well as your information, such as email addresses,IP addresses, timestamps, and other user information, if required to do so bylaw or in the good faith belief that such preservation or disclosure isreasonably necessary to: comply with legal process; enforce the TOU; respond toclaims that any Content violates the rights of third-parties; respond to claimsthat contact information (e.g. phone number, street address) of a third-partyhas been posted or transmitted without their consent or as a form ofharassment; protect the rights, property, or personal safety of NoLongerNeedIt,its users or the general public.

7. CONDUCT

You agree not to post, email, or otherwise make availableContent:

a) that is unlawful, harmful, threatening, abusive,harassing, defamatory, libelous, invasive of another's privacy, or is harmfulto minors in any way;

b) that is pornographic or depicts a human being engaged inactual sexual conduct including but not limited to (i) sexual intercourse,including genital-genital, oral-genital, anal-genital, or oral-anal, whetherbetween persons of the same or opposite sex, or (ii) bestiality, or (iii)masturbation, or (iv) sadistic or masochistic abuse, or (v) lasciviousexhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hateful towardan individual or group of individuals on the basis of religion, gender, sexualorientation, race, ethnicity, age, or disability;

d) that violates the Fair Housing Act by stating, in anynotice or ad for

the sale or rental of any dwelling, a discriminatorypreference based on

race, color, national origin, religion, sex, familial statusor handicap

(or violates any state or local law prohibitingdiscrimination on the

basis of these or other characteristics);

e) that violates federal, state, or local equal employmentopportunity

laws, including but not limited to, stating in anyadvertisement for

employment a preference or requirement based on race, color,religion,

sex, national origin, age, or disability.

f) with respect to employers that employ four or moreemployees, that

violates the anti-discrimination provision of theImmigration and

Nationality Act, including requiring U.S. citizenship orlawful

permanent residency (green card status) as a condition foremployment,

unless otherwise required in order to comply with law,regulation,

executive order, or federal, state, or local governmentcontract.

g) that impersonates any person or entity, including, butnot limited to, a NoLongerNeedIt employee, or falsely states or otherwisemisrepresents your affiliation with a person or entity (this provision does notapply to Content that constitutes lawful non-deceptive parody of publicfigures.);

h) that includes personal or identifying information aboutanother person without that person's explicit consent;

i) that is false, deceptive, misleading, deceitful,misinformative, or constitutes "bait and switch";

j) that infringes any patent, trademark, trade secret,copyright or other proprietary rights of any party, or Content that you do not havea right to make available under any law or under contractual or fiduciaryrelationships;

k) that constitutes or contains "affiliate marketing," "linkreferral code," "junk mail," "spam," "chainletters," "pyramid schemes," or unsolicited commercial advertisement;

l) that constitutes or contains any form of advertising orsolicitation if: posted in areas of the NoLongerNeedIt sites which are notdesignated for such purposes; or emailed to NoLongerNeedIt users who have notindicated in writing that it is ok to contact them about other services,products or commercial interests.

m) that includes links to commercial services or web sites,except as allowed in "services";

n) that advertises any illegal service or the sale of anyitems the sale of which is prohibited or restricted by any applicable law,including without limitation items the sale of which is prohibited or regulatedby California law. A partial list of prohibited items for sale and prohibitedservices offered is provided at the following web address for yourconvenience:

http://NoLongerNeedIt.com/about/prohibited_items_html

o) that contains software viruses or any other computercode, files or programs designed to interrupt, destroy or limit thefunctionality of any computer software or hardware or telecommunicationsequipment;

p) that disrupts the normal flow of dialogue with anexcessive amount of Content (flooding attack) to the Service, or that otherwisenegatively affects other users' ability to use the Service; or

q) that employs misleading email addresses, or forgedheaders or otherwise manipulated identifiers in order to disguise the origin ofContent transmitted through the Service.

Additionally, you agree not to:

r) contact anyone who has asked not to be contacted, or makeunsolicited contact with anyone for any commercial purpose;

s) "stalk" or otherwise harass anyone;

t) collect personal data about other users for commercial orunlawful purposes;

u) use automated means, including spiders, robots, crawlers,data mining tools, or the like to download data from the Service - unlessexpressly permitted by NoLongerNeedIt;

v) post non-local or otherwise irrelevant Content,repeatedly post the same or similar Content or otherwise impose an unreasonableor disproportionately large load on our infrastructure;

w) post the same item or service in more than one classifiedcategory or forum, or in more than one metropolitan area;

x) attempt to gain unauthorized access to NoLongerNeedIt'scomputer systems or engage in any activity that disrupts, diminishes thequality of, interferes with the performance of, or impairs the functionalityof, the Service or the NoLongerNeedIt website; or

y) use any form of automated device or computer program thatenables the submission of postings on NoLongerNeedIt without each posting beingmanually entered by the author thereof (an "automated postingdevice"), including without limitation, the use of any such automatedposting device to submit postings in bulk, or for automatic submission ofpostings at regular intervals.

z) use any form of automated device or computer program("flagging tool")

that enables the use of NoLongerNeedIt's "flaggingsystem" or other community

moderation systems without each flag being manually enteredby the person

that initiates the flag (an "automated flaggingdevice"), or use the

flagging tool to remove posts of competitors, or to removeposts without a

good faith belief that the post being flagged violates theseTOU;

8. POSTING AGENTS

A "Posting Agent" is a third-party agent, service,or intermediary

that offers to post Content to the Service on behalf ofothers. To moderate demands on NoLongerNeedIt's resources, you may not use aPosting Agent to post Content to the Service without express permission orlicense from NoLongerNeedIt. Correspondingly, Posting Agents are not permitted to post Content onbehalf of others, to cause Content to be so posted, or otherwise access theService to

facilitate posting Content on behalf of others, except withexpress

permission or license from NoLongerNeedIt.

9. NO SPAM POLICY

You understand and agree that sending unsolicited emailadvertisements to NoLongerNeedIt email addresses or through NoLongerNeedItcomputer systems, which is expressly prohibited by these Terms, will use orcause to be used servers located in California. Any unauthorized use of NoLongerNeedIt computer systems is a violationof these Terms and certain federal and state laws, including without limitationthe Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of theCalifornia Penal Code and Section 17538.45 of the California Business andProfessions Code. Such violations may subjectthe sender and his or her agents to civil and criminal penalties.

10. PAID MEMBERSHIPS

We may charge a membership fee in to post Content in the Service. The fee

is an access fee permitting Content to be posted in adesignated area.

Each party posting Content to the Service is responsible forsaid Content

and compliance with the TOU. All fees paid will benon-refundable in the

event that Content is removed from the Service for violatingthe TOU.

11. LIMITATIONS ON SERVICE

You acknowledge that NoLongerNeedIt may establish limitsconcerning use of the Service, including the maximum number of days thatContent will be retained by the Service, the maximum number and size ofpostings, email messages, or other Content that may be transmitted or stored bythe Service, and the frequency with which you may access the Service. You agreethat NoLongerNeedIt has no responsibility or liability for the deletion orfailure to store any Content maintained or transmitted by the Service. Youacknowledge that NoLongerNeedIt reserves the right at any time to modify ordiscontinue the Service (or any part thereof) with or without notice, and that NoLongerNeedItshall not be liable to you or to any third party for any modification,suspension or discontinuance of the Service.

12. ACCESS TO THE SERVICE

NoLongerNeedIt grants you a limited, revocable, nonexclusivelicense to access the Service for your own personal use. This license does not include: (a) access tothe Service by Posting Agents; or (b) any collection, aggregation, copying,duplication, display or derivative use of the Service nor any use of datamining, robots, spiders, or similar data gathering and extraction tools for anypurpose unless expressly permitted by NoLongerNeedIt. A limited exception to(b) is provided to general purpose internet search engines and non-commercialpublic archives that use such tools to gather information for the sole purposeof displaying hyperlinks to the Service, provided they each do so from a stableIP address or range of IP addresses using an easily identifiable agent andcomply with our robots.txt file. "General purpose internet searchengine" does not include a website or search engine or other service thatspecializes in classified listings or in any subset of classifieds listingssuch as jobs, housing, for sale, services, or personals, or which is in thebusiness of providing classified ad listing services.

NoLongerNeedIt permits you to display on your website, orcreate a hyperlink on your website to, individual postings on the Service solong as such use is for noncommercial and/or news reporting purposes only(e.g., for use in personal web blogs or personal online media). If the total number of such postingsdisplayed or linked to on your website exceeds one hundred (100) postings, youruse will be presumed to be in violation of the TOU, absent express permissiongranted by NoLongerNeedIt to do so. Youmay also create a hyperlink to the home page of NoLongerNeedIt sites so long asthe link does not portray NoLongerNeedIt, its employees, or its affiliates in afalse, misleading, derogatory, or otherwise offensive matter.

NoLongerNeedIt offers various parts of the Service in RSSformat so that users can embed individual feeds into a personal website orblog, or view postings through third party software news aggregators. NoLongerNeedIt permits you to display,excerpt from, and link to the RSS feeds on your personal website or personalweb blog, provided that (a) your use of the RSS feed is for personal,non-commercial purposes only, (b) each title is correctly linked back to theoriginal post on the Service and redirects the user to the post when the userclicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to'NoLongerNeedIt' as the source, (d) your use or display does not suggest that NoLongerNeedItpromotes or endorses any third party causes, ideas, web sites, products orservices, (e) you do not redistribute the RSS feed, and (f) your use does notoverburden NoLongerNeedIt's systems. NoLongerNeedItreserves all rights in the content of the RSS feeds and may terminate any RSSfeed at any time.

Use of the Service beyond the scope of authorized accessgranted to you by NoLongerNeedIt immediately terminates said permission orlicense. In order to collect, aggregate,copy, duplicate, display or make derivative use of the the Service or anyContent made available via the Service for other purposes (including commercialpurposes) not stated herein, you must first obtain a license from NoLongerNeedIt.

13. TERMINATION OF SERVICE

You agree that NoLongerNeedIt, in its sole discretion, hasthe right (but not the obligation) to delete or deactivate your account, blockyour email or IP address, or otherwise terminate your access to or use of theService (or any part thereof), immediately and without notice, and remove anddiscard any Content within the Service, for any reason, including, withoutlimitation, if NoLongerNeedIt believes that you have acted inconsistently withthe letter or spirit of the TOU. Further, you agree that NoLongerNeedIt shallnot be liable to you or any third-party for any termination of your access tothe Service. Further, you agree not toattempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survivetermination of the TOU.

14. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted bycopyright laws and international treaties. Content displayed on or through theService is protected by copyright as a collective work and/or compilation,pursuant to copyrights laws, and international conventions. Any reproduction,modification, creation of derivative works from or redistribution of the siteor the collective work, and/or copying or reproducing the sites or any portionthereof to any other server or location for further reproduction orredistribution is prohibited without the express written consent of NoLongerNeedIt.You further agree not to reproduce, duplicate or copy Content from the Servicewithout the express written consent of NoLongerNeedIt, and agree to abide byany and all copyright notices displayed on the Service. You may not decompileor disassemble, reverse engineer or otherwise attempt to discover any sourcecode contained in the Service. Without limiting the foregoing, you agree not toreproduce, duplicate, copy, sell, resell or exploit for any commercialpurposes, any aspect of the Service. Let’s just say NoLongerNeedIt is got thatawesomeness factor.

Although NoLongerNeedIt does not claim ownership of contentthat its users post, by posting Content to any public area of the Service, youautomatically grant, and you represent and warrant that you have the right togrant, to NoLongerNeedIt an irrevocable, perpetual, non-exclusive, fully paid,worldwide license to use, copy, perform, display, and distribute said Contentand to prepare derivative works of, or incorporate into other works, saidContent, and to grant and authorize sublicenses (through multiple tiers) of theforegoing. Furthermore, by posting Content to any public area of the Service, youautomatically grant NoLongerNeedIt all rights necessary to prohibit anysubsequent aggregation, display, copying, duplication, reproduction, orexploitation of the Content on the Service by any party for any purpose.

15. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE NOLONGERNEEDIT SITE AND THESERVICE IS ENTIRELY AT YOUR OWN RISK. THE NOLONGERNEEDIT SITE AND THE SERVICEARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUTANY WARRANTIES OF ANY KIND. ALL EXPRESSAND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OFPROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BYLAW. TO THE FULLEST EXTENT PERMITTED BYLAW, NOLONGERNEEDIT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NOLONGERNEEDIT SITE AND THESERVICE. TO THE FULLEST EXTENT PERMITTEDBY LAW, NOLONGERNEEDIT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODSRECEIVED THROUGH OR ADVERTISED ON THE NOLONGERNEEDIT SITE OR THE SITES ORSERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NOLONGERNEEDIT SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NOLONGERNEEDITDISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTIONWITH THE NOLONGERNEEDIT SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of impliedwarranties. In such jurisdictions, someof the foregoing disclaimers may not apply to you insofar as they relate toimplied warranties.

16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NOLONGERNEEDIT BE LIABLE FORDIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVENIF NOLONGERNEEDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),RESULTING FROM ANY ASPECT OF YOUR USE OF THE NOLONGERNEEDIT SITE OR THESERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE NOLONGERNEEDITSITE OR THE SERVICE, FROM INABILITY TO USE THE NOLONGERNEEDIT SITE OR THESERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, ORTERMINATION OF THE NOLONGERNEEDIT SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECTTO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH ORADVERTISED IN CONNECTION WITH THE NOLONGERNEEDIT SITE OR THE SERVICE OR ANYLINKS ON THE NOLONGERNEEDIT SITE, AS WELL AS BY REASON OF ANY INFORMATION ORADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NOLONGERNEEDITSITE OR THE SERVICE OR ANY LINKS ON THE NOLONGERNEEDIT SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLESTEXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability arenot permitted. In such jurisdictions,some of the foregoing limitation may not apply to you.

17. INDEMNITY

You agree to indemnify and hold NoLongerNeedIt, itsofficers, subsidiaries, affiliates, successors, assigns, directors, officers,agents, service providers, suppliers and employees, harmless from any claim ordemand, including reasonable attorney fees and court costs, made by any thirdparty due to or arising out of Content you submit, post or make availablethrough the Service, your use of the Service, your violation of the TOU, yourbreach of any of the representations and warranties herein, or your violationof any rights of another.

18. GENERAL INFORMATION

The TOU constitute the entire agreement between you and NoLongerNeedItand govern your use of the Service, superceding any prior agreements betweenyou and NoLongerNeedIt. The TOU and the relationship between you and NoLongerNeedItshall be governed by the laws of the State of Washington without regard to itsconflict of law provisions. You and NoLongerNeedIt agree to submit to thepersonal and exclusive jurisdiction of the courts located within the county ofSan Francisco, California. The failure of NoLongerNeedIt to exercise or enforceany right or provision of the TOU shall not constitute a waiver of such rightor provision. If any provision of the TOU is found by a court of competentjurisdiction to be invalid, the parties nevertheless agree that the courtshould endeavor to give effect to the parties' intentions as reflected in theprovision, and the other provisions of the TOU remain in full force and effect.You agree that regardless of any statute or law to the contrary, any claim orcause of action arising out of or related to use of the Service or the TOU mustbe filed within one (1) year after such claim or cause of action arose or beforever barred.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging theposting(s) for review, or by emailing to:

abuse@NoLongerNeedIt.org

Our failure to act with respect to a breach by you or othersdoes not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are oftendifficult to quantify, if it becomes necessary for NoLongerNeedIt to pursuelegal action to enforce these Terms, you will be liable to pay NoLongerNeedItthe following amounts as liquidated damages, which you accept as reasonableestimates of NoLongerNeedIts' damages for the specified breaches of theseTerms:

a. If you post a message that (1) impersonates any person orentity; (2) falsely states or otherwise misrepresents your affiliation with aperson or entity; or (3) that includes personal or identifying informationabout another person without that person's explicit consent, you agree to pay NoLongerNeedItone thousand five hundred dollars ($1,500) for each such message. This provision does not apply to Content thatconstitutes lawful non-deceptive parody of public figures.

b. If NoLongerNeedIt establishes limits on the frequencywith which you may access the Service, or terminates your access to or use ofthe Service, you agree to pay NoLongerNeedIt two hundred dollars ($200) foreach message posted in excess of such limits or for each day on which youaccess NoLongerNeedIt in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to NoLongerNeedItemail addresses or through NoLongerNeedIt computer systems, you agree to pay NoLongerNeedIttwenty five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other thanas described above, you agree to pay NoLongerNeedIt one hundred fifty dollars($150) for each Item of Content posted. In its sole discretion, NoLongerNeedIt may elect to issue a warningbefore assessing damages.

e. If you are a Posting Agent that uses the Service inviolation of the

TOU, in addition to any liquidated damages under clause (d),you agree to

pay NoLongerNeedIt one hundred fifty dollars ($150) for eachand every Item you post

in violation of the TOU. A Posting Agent will also be deemed an agent of

the party engaging the Posting Agent to access the Service(the

"Principal"), and the Principal (by engaging thePosting Agent in

violation of the TOU) agrees to pay NoLongerNeedIt anadditional one hundred fifty

dollars ($150) for each Item posted by the Posting Agent onbehalf of

the Principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, orotherwise exploit for any purpose any Content (except for your own Content) inviolation of these Terms without NoLongerNeedIt's express written permission,you agree to pay NoLongerNeedIt five thousand dollars ($5,000) for each day onwhich you engage in such conduct.

Otherwise, you agree to pay NoLongerNeedIt's actual damages,to the extent such actual damages can be reasonably calculated. Notwithstandingany other provision of these Terms, NoLongerNeedIt retains the right to seekthe remedy of specific performance of any term contained in these Terms, or apreliminary or permanent injunction against the breach of any such term or inaid of the exercise of any power granted in these Terms, or any combinationthereof.

20. FEEDBACK

We welcome your questions and comments on this document inthe NoLongerNeedIt feedback forum: