Your User Agreement

The following describes the terms on which Making America Strong offers you access to our services.

Introduction

Welcome to Making America Strong. By using Making America Strong (including Makingamericastrong.com and its related sites, services and tools), you agree to the following terms with Making America Strong.com and the general principles.

This Agreement is effective on August 7, 2010, for current users, and upon acceptance for new users.

Scope

Before you may become a member of Making America Strong, you must read and accept all of the terms in this User Agreement and the Making America Strong. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Making America Strong sites or services, or when you use the tools we make available to interact with Making America Strong sites and services. If you use another Making America Strong site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Making America Strong sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

Using Making America Strong

While using Making America Strong sites, services and tools, you will not:

·         post content or items in an inappropriate category or areas on our sites and services;

·         violate any laws, third party rights or our policies;

·         use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;

·         fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;

·         fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

·         manipulate the price of any item or interfere with other users' listings;

·         circumvent or manipulate our fee structure, the billing process, or fees owed to Making America Strong;

·         post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

·         take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Making America Strong);

·         transfer your Making America Strong account (including feedback) 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 Making America Strong, or the interests or property of Making America Strong users;

·         export or re-export any Making America Strong tools except in compliance with the export control laws of any relevant jurisdictions;

·         copy, modify or distribute rights or content from the Making America Strong sites, service or tools or Making America Strong's copyrights and trademarks; or

·         harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Making America Strong

Making America Strong and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-Making America Strong transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users).  Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Making America Strong sites, services or tools.

Buyer Protection

Buyers and sellers share the responsibility for making sure purchases facilitated by Making America Strong are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the Making America Strong Buyer Protection Policy with respect to claims. Making America Strong Buyer Protection covers only claims filed in accordance with the Making America Strong Buyer Protection Policy. We may suspend the Making America Strong Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.

We require Making America Strong sellers to comply with our resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with Making America Strong under the Making America Strong Buyer Protection Policy. If we resolve a dispute in the buyer's favor, we will refund the buyer for the full cost of the item (including any applicable sales taxes) and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. Without limiting the foregoing, sellers may not have to pay a reimbursement for a Making America Strong claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the Making America Strong Buyer Protection Policy. In addition:

·         Sellers must have a reimbursement method on file with Making America Strong.

·         Sellers agree to allow us to remove funds from their PayPal accounts for amounts due to buyers. Sellers may change this reimbursement method by contacting Making America Strong. However, we reserve the right to continue using seller PayPal accounts for Making America Strong Buyer Protection cases associated with Making America Strong transactions paid for before the change.

·         Where there are insufficient funds in PayPal accounts or where PayPal is not the reimbursement method of a seller, we will require another reimbursement method.

·         Sellers agree to allow us to charge the payment method they designate for amounts due buyers.

Changing a reimbursement method will not affect Making America Strong's use of a payment method on file for other purposes (such as payment of your Making America Strong fees). If sellers do not provide Making America Strong with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.

·         Correcting Mistakes in Payments to Buyers or Sellers.   We reserve the right to fix any processing errors we discover.  We will correct any processing errors by debiting or crediting the payment method used for the erroneous Making America Strong Buyer Protection refund or reimbursement.

Holds

To protect against the risk of liability, Making America Strong has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of an Making America Strong Buyer Protection claim.  PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.

Fees and Services

Joining Making America Strong and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fee Schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Making America Strong site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due.)

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Limitation of Liability

You will not hold Making America Strong responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.

We do not transfer legal ownership of items from the seller to the buyer.  California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.

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

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Making America Strong by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.

Additionally, you agree that you will not:

·         take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

·         copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Making America Strong and the appropriate third party, as applicable;

·         interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or

·         bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Listing Conditions

By listing an item on Making America Strong’s sites, you agree to pay Making America Strong’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on Making America Strong’s sites, your listing will be posted on Making America Strong’s sites and can be viewed in my account.  Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Making America Strong can’t guarantee exact listing durations.  Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. 

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Making America Strong Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Making America Strong Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to Making America Strong during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Legal Disputes

If a dispute arises between you and Making America Strong, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Making America Strong agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the customer support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

Making America Strong is located at 4669 Cass Union Road, Rising Sun, IN 47040. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement 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 doesn't 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 Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Making America Strong Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.

Prohibited and restricted items

Before listing your item, make sure it's allowed on Making America Strong and find out if there are specific rules and conditions on how it should be listed. See the list of prohibited and restricted items below. Sellers also need to make sure that the sale of their item complies with all laws.

Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.

Understanding the rules

Here are some basic things to keep in mind when listing your items on Making America Strong:

Our policies are often based on country and state laws, although in come cases, they may also be based on input from our members and our own discretion, especially for dangerous or sensitive items. For example, see our offensive material policy below.

Be sure to read our policies before listing items. Follow our guidelines and review our examples so you know beforehand what you can and can’t sell on Making America Strong.com (note that examples are not an exhaustive list.)

Although certain items may be legal to sell in our country, they might be illegal elsewhere.

The list of prohibited and restricted items below covers things that can’t be listed at all.

Prohibited and restricted items

Adult Only category

·         alcohol (see also wine)

·         animals and wildlife products – examples include live animals, mounted specimens, and ivory 

·         art  

·         artifacts, grave-related items, and Native American arts and crafts 

·         catalytic converters and test pipes 

·         cell phone (wireless) service contracts 

·         charity or fundraising listings 

·         clothing, used 

·         contracts 

·         cosmetics, used 

·         counterfeit currency and stamps

·         credit cards

·         currency, selling

·         drugs and drug paraphernalia

·         drugs, describing drugs or drug-like substances

·         electronics equipment – examples include cable TV de-scramblers, radar scanners, and traffic signal control devices

·         electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices

·         embargoed goods and prohibited countries – examples include items from Cuba

·         event tickets

·         firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns (see also military items)

·         gift cards

·         government documents, IDs, and licenses

·         government, transit, and shipping-related items – examples include airplane operations manuals, subway employee uniforms, and U.S. Postal Service (USPS) mailbags

·         hazardous materials – examples include batteries, fireworks, and Freon

·         human parts and remains

·         importation of goods into the United States – examples include CDs that were intended only for distribution in a certain country

·         international trading

·         items encouraging illegal activity – examples include an eBook describing how to create methamphetamine

·         lockpicking devices

·         lottery tickets

·         mailing lists and personal information

·         manufacturers' coupons

·         medical devices – examples include contact lenses, pacemakers, and surgical instruments 

·         military items (see also firearms, weapons, and knives)                          

·         multi-level marketing, pyramid, and matrix programs

·         offensive material – examples include ethnically or racially offensive material and Nazi memorabilia 

·         pesticides                          

·         police-related items

·         political memorabilia (reproduction)

·         postage meters

·         prescription drugs

·         prohibited services

·         real estate

·         recalled items

·         slot machines

·         stamps

·         stocks and other securities

·         stolen property and property with removed serial numbers

·         surveillance equipment

·         tobacco

·         travel

Reporting policy violations

If you see a listing that violates Making America Strong policies, please report it by clicking the Contact Us button located on most of our help pages. When a policy violation occurs, we email the seller and the bidders or the buyer to let them know that the listing has been removed from Making America Strong.

Offensive material policy

Policy overview

We don't allow items that promote or glorify hatred, violence, racial, sexual, or religious intolerance, or promote organizations with such views. We’ll also remove listings that graphically portray graphic violence or victims of violence, unless they have substantial social, artistic, or political value.

We carefully consider all the details before deciding to remove such listings when they're brought to our attention, looking at the entire listing to see if it goes against our guidelines.

Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.

What are the guidelines

Disasters and human tragedies

Ku Klux Klan (KKK) and other hate organizations

Items related to violent felons

Nazi and Nazi-related

Offensive or violent material

Racially or ethnically offensive language, historical items, reproductions, and works of art and media