Use of Site
By using the ebaytogo.com or the togo.ebay.com site you agree to be bound by the following terms and conditions (“Terms”). The ebaytogo.com and togo.ebay.com sites give you limited access to pre-defined content from the eBay Inc. (“eBay”) site found at eBay.com (the “eBay Site”) as well as to trademarks, logos and other content owned or licensed by eBay so that you can distribute and display a graphical element (the “To Go Graphic”). The To Go site means the intellectual property, software, widgets, and To Go Graphic found or generated by the ebaytogo.com or the togo.ebay.com sites (the “To Go Site”).
You agree to be bound by these Terms. If you do not agree to be bound by all of these terms, please do not use the To Go Site.
Access and Interference
The eBay Site and To Go Site contain robot exclusion headers. Much of the information on the eBay Site and To Go Site is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the eBay Site or To Go Site for any purpose without our express written permission.
Additionally, you agree that you will not:
1. use the To Go Site for commercial purposes, except that you may use the ToGo Site for commercial purposes involving the promotion of listings from the eBay Site;
2. violate any laws or third party rights;
3. use the To Go Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from either the To Go Site or eBay Site;
4. manipulate the price of any item or interfere with user listings;
5. post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
6. distribute or post spam, chain letters, or pyramid schemes;
7. distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;
8. harvest or otherwise collect information about users;
9. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
10. interfere or attempt to interfere with the proper working of the eBay Site or To Go Site or any activities conducted on the eBay Site or To Go Site; or
11. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the eBay Site or To Go Site.
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."
You understand that the prices and times displayed on the To Go Site or To Go Graphic may not be accurate.
As between you and eBay, eBay retains any rights eBay or its licensors may have in the eBay Site, the To Go Site and the To Go Graphic. eBay reserves all intellectual property rights under United States and foreign laws and international conventions with respect to the eBay Site, the To Go Site and the To Go Graphic.
eBay grants you a personal, limited, revocable, non-exclusive, right to distribute and display the To Go Graphic as permitted by the normal operation of the To Go Site. Without limiting other remedies, we may limit, suspend or terminate this permission and/or your right to access or use the To Go Site or distribute the To Go Graphic at any time for any reason, including but not limited to your use of the To Go Graphic on a site that eBay deems unacceptable for any reason. You agree not to modify, use, copy or distribute the To Go Graphic other than as expressly permitted by the operation of the To Go Site and as permitted herein. Without limitation, you may not alter the To Go Graphic in any way, use portions of the To Go Graphic other than as permitted by the normal operation of the To Go Site, or use any eBay trademarks other than as permitted by the normal operation of the To Go Site
YOU AGREE THAT YOUR USE OF THE TO GO SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EBAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, IN CONNECTION WITH THE EBAY SITE, THE TO GO SITE AND THE TO GO GRAPHIC AND YOUR USE THEREOF.
Limitation of Liability
IN NO EVENT SHALL EBAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EBAY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT EBAY SHALL NOT BE LIABLE FOR THE EBAY SITE, THE TO GO SITE, THE TO GO GRAPHIC, OR FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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 these Terms, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
These Terms shall be governed by the internal substantive laws of the State of California, without regard to its conflict of laws principles. Any claim or dispute between you and eBay that arises in whole or in part from these Terms shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. These Terms shall constitute the entire agreement between you and eBay concerning the To Go Site. If any provision of these Terms are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You may not assign these Terms. In our sole discretion, we may assign these Terms. eBay reserves the right to amend these Terms at any time and without notice, it is your responsibility to review these Terms for any changes. Your use of the To Go Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. Headings are for reference purposes only and do not limit the scope or extent of the applicable section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
The following Sections survive any termination of these Terms: Use of Site, Access and Interference, Release, Intellectual Property, Warranty Disclaimer, Limitation of Liability, Indemnity, No Agency, General.