Terms & Conditions

LIMITATION OF LIABILITY

MUTUAL ACKNOWLEDGEMENTS AND UNDERSTANDINGS

We try to keep Three Cords, LLC and its sites, services, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control.

We rely on data supplied by you and third parties to publicize on our site or sites information concerning materials and their availability and/or requirements in various parts of the country. You acknowledge that we have no control over the data and the accuracy thereof that may be accessed using the Site. You further acknowledge we do not examine your use of the services or the nature of the data you are providing or uploading.

YOU AGREE THAT YOU ARE MAKING USE OF OUR SITES, SERVICES, AND TOOLS AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.

You further acknowledge and agree the following to be true statements:

1. It is your responsibility to ensure that any data which you supply to Three Cords, LLC for publication on any site or sites is accurate and up to date.

2. Any material you choose to acquire or dispose of through utilization of services offered by Three Cords, LLC, including listings, sales and purchases through on-line sites and/or any database maintained by us is done on your own volition and is your responsibility.

3. You will update and amend, where appropriate, details of all remaining material availabilities and/or requirements and do so whether the action is following any sale or purchase or simply to maintain information as current and accurate.

4. Any contract for the sale or purchase of material will be made between you and the seller or purchaser of such material as the case may be. Three Cords, LLC does not act as an agent of such buyer or seller, and we do not accept any liability in respect of any contract, agreement or arrangement entered into between you and such buyer or seller.

5. Three Cords, LLC does not approve, endorse or recommend the suitability or quality of any of the material, sites, buyers or sellers of material publicized on this Site.

6. You agree not to hold Three Cords, LLC responsible for any damages, costs, claims or other liabilities arising from any contract or arrangement entered into between you and a third party. We cannot become involved in any dealings with third parties and in the event that you have a dispute with one or more such parties you hereby release us and our agents and employees from any and all costs, claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes as is related below.

DISCLAIMER OF WARRANTIES, EXPRESS AND IMPLIED. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

FURTHER, WE DISCLAIM AND YOU AGREE NOT TO HOLD THREE CORDS, LLC OR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS OR EMPLOYEES LIABLE AS AN ARRANGER OR A TRANSPORTER OR AS AN OWNER OR OPERATOR, OR IN ANY OTHER CAPACITY, FOR ANY CLAIMS PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED FROM TIME TO TIME, OR AS SIMILAR CLAIMS MAY OTHERWISE BE MADE PURSUANT TO ANY OTHER FEDERAL, STATE OR LOCAL ENVIRONMENTAL STATUTE OR REGULATION.

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Three Cords, LLC responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

1. Your use of or your inability to access or otherwise use our sites, services and tools;

2. Delays or disruptions in our sites, services, or tools;

3. Viruses or other malicious software obtained by accessing our sites, services, or tools or any site, services, or tool linked to our sites, services, or tools;

4. Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, and tools or in the information and graphics obtained from them;

5. The content, actions, or inactions of third parties, including items listed using our sites, services, or tools or the destruction of allegedly fake items;

6. A suspension or other action taken with respect to your account;

7. The duration or manner in which your listings appear in search results;

8. Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this agreement or our policies; Three Cords, LLC reserves the right to modify its policies and this agreement at any time consistent with the provisions outlined herein.

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

You acknowledge that we are not a traditional on-line retailer or auctioneer. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the existence, 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 to their mutual satisfaction.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.

Nothing in the above paragraphs limits or excludes our liability for death or personal injury resulting from negligence on the part of Three Cords, LLC or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by Three Cords, LLC.

INDEMNIFICATION of THREE CORDS, LLC

THREE CORDS, LLC does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance upon any user or any user’s conduct. You must perform your own appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or that user’s conduct.

You are also responsible for your own conduct and activities on, through or related to Three Cords, LLC, and any site or sites operated by Three Cords, LLC, and, if you create an account on Three Cords, LLC, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold THREE CORDS, LLC and THREE CORDS, LLC directors, officers, managers, employees and agents harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Three Cords, LLC or any on-line site run or coordinated by Three Cords, LLC, and related to or arising out of any conduct or activities on, through or by use of your Three Cords, LLC account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by THREE CORDS, LLC or THREE CORDS, LLC directors, officers, manager, employees or agents. Three Cords, LLC reserves the right, at its 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 Three Cords, LLC in its defense of such claim or claims.

WAIVER AND RELEASE

You hereby release THREE CORDS, LLC and each of the THREE CORDS, LLC Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Three Cords, LLC or content accessed through Three Cords, LLC, or any interactions with others arising out of or related to Three Cords, LLC or content accessed through Three Cords, LLC.

Further, to the extent you are a California resident or believe California laws or regulations otherwise apply to you, you expressly 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." If you are not a California resident or do not make a claim pursuant to the provisions of California Civil Code Section 1542, you expressly waive such and any similar laws as may exist in other jurisdictions.

In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.