This User Agreement ("Agreement") describes the terms and conditions under which MyKidsCloset.com offers a Member ("You") access to our services. If you have a question about these terms or our service that is not addressed in this document, please contact us by sending an email via our website.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCEPTING THIS AGREEMENT, YOU ACCEPT THESE TERMS AND CONDITIONS (the "Terms").

Acceptance of Terms:
By completing the sign-up process and checking the box indicating that you have read the User Agreement, You agree to these Terms. MyKidsCloset.com may amend these Terms from time to time. We will notify you of any material updates to these Terms. If you do not agree to the changes, you may simply discontinue your account. The amended Terms shall automatically be effective fourteen (14) days after they are initially posted on our site. Your continued use of our service will signify your acceptance of the updated Terms.

Venue Only:
MyKidsCloset.com acts as a matching service for Users to locate people to buy, sell, and negotiate the exchange of goods and services. We do not own or handle any of the goods and services listed on the site. As a result, we cannot verify or endorse the quality, safety, or legality of the items listed, or the truth or accuracy of the classifieds.

Information Provided:
Your information includes any information you provide to us or other Users during the registration, trading, or posting process, in any public message area or through any email feature, including all text descriptions and/or photographs, digital images, or renderings of your items ("Your Information").

Responsibility:
You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication. We may, however, take any action with respect to such information we deem necessary or appropriate at our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Content:
You agree that Your Information and the items and services you list on MyKidsCloset.com:

• will not be fraudulent or involve the sale of counterfeit or stolen items;
• will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy ;
• will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination, or false advertising);
• will not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
• will not be obscene or contain child pornography;
• will not contain any viruses, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
• will not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this User Agreement or (ii) You do not have a right to link to or include.

Fees:
Unless otherwise stated, all monetary values are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and duties and for all hardware, software, service, and other costs you incur to trade, procure a classified ad from us, or access our servers. We reserve the right to change or discontinue, temporarily or permanently, some or all of our services at any time without notice.

License:
You agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) You have in Your Information, in any media now known or not currently known, for the purpose of offering our services.

Privacy/Opt-In email Communication
MyKidsCloset.com will only use Your Information in accordance with our Privacy Policy.
By registering with MyKidsCloset.com, you will receive online communications from MyKidsCloset.com. You can fully control your ability to receive or not receive the following communications.

1. Newsletter/Important User Information from MyKidsCloset.com: In every Newsletter emailed to you, there is an UNSUBSCRIBE link at the bottom of the email. At any time you wish to discontinue the Newsletter/IImportant User Information emails, simply select this UNSUBSCRIBE link. (Remember: this is the normal method of sending important user information, changes, etc.)
2. WISH LIST NOTIFICATIONS: If you want to discontinue getting WISH LIST NOTIFICATIONS (these are notifications specifically set up by the user regarding specific product requests) simply go to MY WISH LIST and delete those items you no longer want to receive notifications on.
3. To cancel your membership entirely with MyKidsCloset.com, go to MY ACCOUNT and select CANCEL MEMBERSHIP. This will remove you from our membership data and all communications will be terminated
4. At registration, you will have an ability to “opt-in” to receive mailings from our PARTNERS (this is completely optional). If you no longer wish to receive these emails, simply click the UNSUBSCRIBE link at the bottom of any PARTNER email you receive.

MyKidsCloset.com System:
System: You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the MyKidsCloset.com site or any transaction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your Password to any third parties or use your Password for any unauthorized purpose.

General Legal Terms:
Disclaimer of Warranties: Our service is provided "as is." We will try very hard to make your experience with MyKidsCloset.com a pleasurable one; however, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, you agree that MyKidsCloset.com services are provided "as is." We cannot assume responsibility for the timeliness, deletion, missed delivery, or failure to store any User data, communications, or personalization settings.

WE AND OUR SUPPLIERS PROVIDE THE MyKidsCloset.com WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Suspension/Termination: We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current classifieds, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies, MyKidsCloset.com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

Limit of liability: IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.

General compliance with laws: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, posting, purchase, and sale of items.
No agency: You and MyKidsCloset.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices: Except as explicitly stated otherwise, any notices shall be given via our website (in the case of MyKidsCloset.com) or to the email address you provide to MyKidsCloset.com during the sign-up process (in your case), or such other address as the party shall specify. 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 notice by certified mail, postage prepaid and return receipt requested, to the address provided to MyKidsCloset.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration: Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Utah, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either You or MyKidsCloset.com may seek any interim or preliminary relief from a court of competent jurisdiction in Utah necessary to protect the rights or property of you or MyKidsCloset.com pending the completion of arbitration.

Choice of Law: This Agreement shall be governed in all respects by the laws of the State of Utah as such laws are applied to agreements entered into and to be performed entirely within Utah between Utah residents. 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. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.