Terms of Service and User Agreement

Terms and Conditions

CBTH, LLC. (referred to in this agreement as "CBTH," “we,” or “us”) operates SellBUYtheroom.com and the pages of this website (collectively, the "Site"). We require all users and viewers of the Site to agree to the terms of this agreement (the “Agreement”) as a condition to accessing or using our Site. By using or visiting the Site or any CBTH products, software, data feeds, and services provided to you on, from, or through the Site (collectively the "Service") you signify your agreement to these terms and conditions (the "Terms of Service" or "Terms") and CBTH's Privacy Policy, which is incorporated herein by reference. You must be 18 years or older to use the Service. If you do not agree to these terms, you may not use the Service.

We reserve the right, in our sole discretion, to modify these Terms and any Service fees, at any time, effective upon the date we post a new set of Terms on the Site. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by contacting us.

Fees and Services

Creating an account and using the Service is free. Some parts of the Service, however, do charge fees and a final sales fee. By listing an item on the Site, you agree to pay fees and final sales fees for such and assume full responsibility for the content of the listing and item offered. When you list an item or use a service that has a fee, you will have an opportunity to review and accept the fees you will be charged. The fees and final sales fees may change from time to time. Changes to the fee schedule and final sales fees are effective after we provide you with notice by posting the changes on the Site.

Your Content

“Content” includes the text, graphics, photos, sounds, video, audiovisual combinations, and other materials you view on, access through, or contribute to the Service. By submitting Content to the Service, you represent and warrant that: you have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms; the Content that you submit to the Site does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; the Content that you submit is not and will not violate any law, statute, ordinance or regulation; the Content that you submit is not and will not be defamatory, trade libelous, pornographic or obscene. By submitting video, audio-visual or other Content to us, you grant CBTH, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to publicly display, broadcast, reproduce, and transmit your Content, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for the purpose of demonstrating, promoting or distributing your Content to users.

Requests for removal of listings

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail). We will consider such requests individually.

Protect your password and subscription

You agree to provide true, accurate, current and complete information about yourself as requested in the Service's registration process and to update your information. You are responsible for maintaining the confidentiality of your account and password. You may not transfer your account without CBTH's consent. If you believe your account has been accessed by someone other than you, please notify us immediately. Unauthorized access to the Service is a breach of these Terms and a violation of the law.

Third party sites and Content

This Service contains links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any Content in the Service's search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.

Your conduct on the Service

All content published on the Service are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform display or in any way exploit any of the materials or content or the service in whole or part.

You agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (iv) harvest or otherwise collect information about users, including email addresses, without their consent; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user that you know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (viii) choose a username that is obscene, indecent, abusive or which might otherwise subject us to public disparagement or scorn; or (ix) restrict or inhibit any other user from using and enjoying the Site.

With regard to transactions made through the Service, you agree that you will not (i) 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; (ii) fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; (iii) manipulate the price of any item or interfere with other users' listings; (iv) circumvent or manipulate our fee structure, the billing process, or fees owed; (v) post false, inaccurate, or misleading information in any listing.

We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Service at any time without notice for any reason whatsoever. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

Legal Policies and Notices

You will not hold CBTH responsible for other users' content, actions or inactions, items they list or remove from the Site. You understand that all postings, messages, or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated.

This Service is merely a forum for users to connect with each other. We are not involved in transactions between buyers and sellers. 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.

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

You hereby agree to indemnify, defend and hold the Service, and all of our officers, directors, owners, agents, information providers, affiliates and licensors (collectively, the "Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the Content that you submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the quality or performance of Content that you submit to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. We disclaim any and all responsibility or liability for the accuracy, completeness, legality, reliability, or operability or availability of information or Content displayed in the Service's search results.

We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any Content that you submit to the Service for any reason without prior notice to you and without liability to us. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.

We disclaim any responsibility for the deletion, failure to store, miss-delivery, or untimely delivery of any information or Content. We disclaim any responsibility for any harm resulting from downloading or accessing any information or Content on the World Wide Web or Internet using search results from the Service. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

You will not hold CBTH liable for any users' Content, actions or advice offered through the Service. CBTH does not endorse user Content or actions and we disclaim all responsibility for the actions of users on the Site. IN NO EVENT SHALL CBTH, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT, OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CBTH, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Except as explicitly stated otherwise, legal notices shall be served to you using the email address you provide during the registration process. 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.

This Agreement is governed by Tennessee law, excluding Tennessee’s choice-of-law rules. The exclusive venue for any dispute relating to this Agreement is the federal or state courts sitting in Nashville, Tennessee. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings. Nothing in this Agreement limits either party's ability to seek equitable relief. CBTH shall be entitled to reasonable attorneys’ fees and costs in connection with enforcing any provision of this Agreement. These Terms constitute the entire agreement between you and the Parties with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.