Agreement between User and Garage Cell, Inc.

This agreement (the “Agreement) is entered into by Garage Cell, Inc. (“Garage Cell”), a California Corporation, and any users (“Users” or “you”) of Nitty and Garage Cell’s related services (“Nitty” or “Services”). Nitty is made available to you through a variety of platforms, such as through nitty.com, through Facebook, and through the Nitty mobile application available on cell phones, personal digital assistants, and other mobile devices (collectively, "Mobile Devices"). Nitty, the Nitty Facebook page, and the Nitty Mobile application are collectively referred to as the "Platform." Nitty and Garage Cell’s other products and services are offered by Garage Cell and described on Nitty are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Nitty, use of Garage Cell’s services on Garage Cell’s Facebook page, use of any of Garage Cell’s services through computers, cell phones, personal digital assistants, and any other mobile communication device, and/or use of Garage Cell’s services through any other means, constitutes your agreement to all the Terms.
Please read these Terms completely and carefully, and keep a copy for your reference at nitty.com

 

Privacy and Security

Please keep in mind that your use of Nitty is subject to Garage Cell’s Privacy and Security Statement. Please review Garage Cell’s Privacy and Security Statement for Nitty nitty.com, which also governs the marketplace and forum and informs Users of Garage Cell’s data collection practices.
Always use caution when giving out any personally identifying information about yourself or others in any communication, including those communications made on this Site.

 

Governing Law

This agreement and the terms and conditions within it shall be governed by the laws of the United States and the State of California.

 

Jurisdiction

You hereby consent to the exclusive jurisdiction and venue of the courts in Los Angeles County, California in all disputes arising out of or relating to the use of Nitty and the application of these Terms.

 

Changes to this Agreement

Garage Cell reserves the right, in its sole discretion and at any time, to change the Terms. The most current version of the Terms will supersede all previous versions. Garage Cell encourages you to regularly review the Terms to stay informed of any updates, especially before you submit any new information or order. Your decision to continue to visit and use Nitty after changes have been made constitutes your acceptance of the new Terms. Should you not agree with any change Garage Cell makes to this agreement then Garage Cell asks that you do not use Nitty or Garage Cell’s services.

 

Location of Users and Services

Nitty is made available to Users located throughout the World.  What specific services or items are made available where is driven by Users through their posts and the Nitty groups they create. Garage Cell reserves the right to restrict or expand its service area at any time.

 

Accounts

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, and you are similarly responsible for maintaining the confidentiality of any third party account you may link or connect to your account (see below for more information). You may not assign or otherwise transfer your account to any other person or entity. Do not share your account or password information with any third party. If you do assign, transfer, or disclose information about your account or password you do so at your own risk, and Garage Cell will not be held responsible for any consequences related to any transaction made as a result of such assignment, transfer, or disclosure. You acknowledge that Garage Cell is not responsible for third party access to your account that results from theft or misappropriation of your account. Garage Cell and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Garage Cell’s sole discretion and at any time.
Garage Cell collects personally identifiable information from Users when such information is needed in order to provide Garage Cell’s services to Users or else improve those services. For more information on privacy and security, please see Garage Cell’s Privacy and Security Statement nitty.com.

Visitors. No login is required for Visitors. Visitors can (a) view all publicly accessible content, and (b) e-mail us at support@Nitty.com.

Registered Users. Login is required for all Registered User services provided through Nitty. Registered Users can do all the things Visitors can do, and can also (a) post items for sale, (b) post and create groups, (c) post news, messages, and notices, (d) connect with other Nitty Users; and (e) customize a profile. Garage Cell is under no obligation to accept any individual as a Registered User, and may accept or reject any registration in its sole and complete discretion.
During the registration process for Registered Users, Garage Cell will ask you to create an account, which includes a unique sign-in name, password, and sometimes certain additional information that will assist in authenticating your identity when you log-in in the future. When creating your account, you must provide true, accurate, current, and complete information. Each sign-in name and corresponding password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your sign-in name, password, and unique identifiers, as well as for any use, misuse, or communications entered through the Services using your sign-in name, password, and unique identifiers. You will promptly inform Garage Cell of any need to deactivate a password or sign-in name, or change any unique identifier. Garage Cell reserves the right to delete or change your password, sign-in name, or any unique identifier at any time and for any reason. Garage Cell will not be liable for any loss or damage caused by any unauthorized use of your account.

 

Restrictions

Nitty connects Users to other Users and helps Users share information and items for sale. Garage Sale is not responsible for the information shared by Users, the items Users may post or offer for sale, or any agreements made between Users.

Age Restrictions
Garage Cell’s services as described on Nitty are available for individuals aged 13 years or older. If you are 13 or older, but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 18, or you are communicating with another User that is under the age of 18, please keep in mind that certain transactions facilitated through Nitty may be legally restricted or regulated. For example, contracts made with a minor may be voidable by that minor. Garage Cell is not responsible in any way for the transactions Nitty may facilitate. Nitty connects Users to other Users and helps Users share information and items for sale. Garage Sale is not responsible for the information shared by Users, the items Users may post or offer for sale, or any agreements made between Users.

Prohibited Items

Users may not utilize Nitty in order to facilitate transactions involving any of the following:

- Any good, service, item, or other content that violates the law or legal rights of others;
– False, misleading, deceptive, counterfeit, forged, or otherwise fraudulent content;
– Another person’s personal identifying information, or other confidential or proprietary information;
– Weapons or ammunition;
– Pets or animals;
– Hazardous or toxic materials;
– Alcohol or tobacco;
– Prescription drugs or controlled substances;
– Recalled items;
– Stolen property;
– ID cards, licenses, or other official identifying documents that are otherwise no public information;
– Lottery or raffle tickets, gambling games or devices;
– Obscene material;
– Child pornography;

If you see any of the above items posted for sale or trade on Nitty or otherwise made available through Nitty, please contact us immediately at support@Nitty.com.

 

Transactions Facilitated Through Nitty

Nitty connects Users to other Users and helps Users share information and items for sale. Nitty facilitates user-to-user communications and transactions. However, Garage Sale is not responsible for the information shared by Users on Nitty, the items Users may post or offer for sale, or any agreements made between Users. Garage Cell makes no warranties or guaranties regarding the quality or nature of any items or content posted by Users. Garage Cell reserves the right to remove User posts and content at any time and in its sole discretion.

 

No Partnership, Venture, Business Relationship Formed

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Garage Cell as a result of this agreement or use of the Nitty.

 

Links to and External Sites and Services, Third Party Messages

Nitty may contain a number of links to other websites and online resources (collectively “Linked Sites”) that are not owned or controlled by Garage Cell. The Linked Sites, and the products, content, messages, and services the owners of those Linked Sites provide or make, are not under the control of Garage Cell. Therefore, Garage Cell specifically disclaims any liability with regard to those communications available through Linked Sites and any actions resulting therefrom. Garage Cell is not responsible for the contents of any Linked Site, and the inclusion of any link does not imply Garage Cell’s endorsement of Nitty, the content, or of those that control its content. Garage Cell provides these links to you only as a convenience and for your own information.
Users, customers, and third parties are not authorized Garage Cell spokespersons, and their views do not necessarily reflect those of Garage Cell, unless otherwise explicitly provided, agreed to, and authorized by Garage Cell. Garage Cell urges you to read the entire terms and conditions and any privacy policy of any site that you visit as a result of following a link posted on Garage Cell’s Site.

 

Electronic Communications

Visiting Nitty, filling then submitting forms, and sending emails to Garage Cell, or to its directors, officers, employees, or agents, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that Garage Cell provides to you electronically, through email and on Nitty, satisfy any legal requirement that such communication be in writing.
Although Garage Cell encourages you to email Garage Cell and its representatives, you should not, and Garage Cell does not want you to email any content that contains confidential information. With respect to all emails you send to Garage Cell, including but not limited to, feedback, questions, comments, suggestions, and the other similar communications, Garage Cell shall be free to use any information contained in your communications for any purpose whatsoever, unless otherwise clearly and expressly noted, including but not limited to, the development, production and marketing of products and services that relate to such information. You retain all copyrights and other intellectual property rights associated with items discussed in any such electronic communications by law. Please see below for more information on intellectual property rights.

 

Community Guidelines & Protected Legal Rights

Nitty’s community, like any community, cares about its members, and Garage Cell is happy to provide services to those members.  However, in order to do so fairly and effectively, Users must follow a few simple rules:

Prohibited Acts
You are granted a non-exclusive, non-delegable, non-transferable, revocable license to access and use Nitty and Garage Cell’s services strictly in accordance with these Terms. As a condition of your use of Nitty, you warrant to Garage Cell that you will not use Nitty for any purpose that is unlawful or prohibited by these Terms or any applicable law. You may not use Nitty for any unauthorized purpose. You may not use Nitty in any manner that could damage, disable, overburden, or impair Nitty or interfere with any other party’s enjoyment and use of Nitty. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Nitty. You may not disclose any personal information about another person, including that person's name, email address, postal address, phone number, credit card information, or any similar information. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to Garage Cell and its services through hacking, password mining, or any other means.

Prohibited Communications
By way of example, and not as a limitation, you agree that when communicating through Garage Cell or its Site, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity of others); publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; conduct any forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; 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; restrict or inhibit any other user from using and enjoying Nitty; violate any code of conduct or other guidelines which may be applicable for any particular communication; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Garage Cell pledges to treat its customers and employees with respect, and hopes for the same in return.
Garage Cell has no obligation to monitor communications made from and between Users. However, Garage Cell reserves the right to review such materials and to remove these materials in its sole discretion. Garage Cell reserves the right to terminate your access to Nitty and its services at any time without notice for any reason whatsoever.

Intellectual Property Rights
All content on Nitty, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on Nitty, is the property of Garage Cell or its affiliates and is protected by laws that protect intellectual property and other proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Garage Cell and Nitty are protected by copyright and other proprietary laws and rights. By use of Nitty you acknowledge that you are aware or should have been aware of Garage Cell’s intellectual property and the intellectual property rights protecting to that property.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this Site. Those in need of information are urged to contact Garage Cell. Nitty’s content and Garage Cell’s services and any products it provides are not for resale. Your use of Nitty does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Garage Cell. You agree that you do not acquire any ownership rights in any protected content. Garage Cell does not grant you any licenses, express or implied, to the property of Garage Cell or its licensors except as expressly authorized by these Terms or as otherwise provided by the owner of that property.

Intellectual Property Claims Against Garage Cell
Garage Cell respects the intellectual property rights of others and attempts to comply with all relevant laws, including the Digital Millennium Copyright Act. Garage Cell will review all claims of copyright infringement received and remove any content determined to be in violation of any intellectual property laws.
If you believe that your work has been used in a way that constitutes copyright infringement, please inform Garage Cell immediately. Please notify Garage Cell and its agent for service of process with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location on Nitty where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and email address, and any other necessary contact information; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

Digital Millennium Copyright Act (DMCA)

If you are a copyright holder and believe that content on Nitty or content provided to Garage Cell violates your rights, you may send a DMCA notification to support@Nitty.com. For more information, including the information that must be included in a DMCA notification, see the text of the DMCA, 17 U.S.C. § 512. Please notify Garage Cell and its agent for service of process with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and email address, and any other necessary contact information; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

If you are a Nitty User and you believe that your content did not constitute a copyright violation and was taken down in error, you may send a notification to support@Nitty.com. Please include:
• Your Nitty username and email address
• The specific content you believe was taken down in error
• A brief statement of why you believe there was no copyright violation (e.g., the content was not copyrighted, you had permission to use the content, or your use of the content was a “fair use”).

 

Third Party Accounts

You may be able to connect your Garage Cell account to third party accounts such as Facebook. By connecting your Garage Cell account to a third party account, you acknowledge and agree that Garage Cell is in no way responsible for activities, events, and decisions under the control or responsibility of the third party account provider. By connecting your Garage Cell account to your third party account, you acknowledge and agree that you are consenting to the release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, make any appropriate privacy adjustments or do not use this feature. Please read the Terms and Conditions, Terms of Use, Privacy or Security Statements, and any other legally binding policies or agreements provided or pertaining to third parties through which you have an account. You acknowledge and agree that Garage Cell is under no obligation to provide such third party policies and statements to its Users, nor is Garage Cell responsible for them.

 

Indemnification

You agree to indemnify, defend, and hold harmless Garage Cell, its officers, directors, employees, agents, and affiliated third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use Nitty or Garage Cell’s services, any user information provided by you or submitted by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Garage Cell reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Garage Cell in asserting any available defenses.

 

Liability Disclaimers

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH NITTY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. GARAGE CELL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN NITTY AT ANY TIME.

GARAGE CELL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFROMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON NITTY FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GARAGE CELL AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OF A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GARAGE CELL, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF NITTY, WITH THE DELAY OR INABILITY TO USE NITTY OR RELATED SERVICES. THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH NITTY, OR OTHERWISE ARISING OUT OF THE USE OF NITTY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GARAGE CELL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF NITTY, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING NITTY.

 

Termination, Restricted Access

Garage Cell reserves the right, in its sole discretion, to terminate your access to Nitty and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement and its terms and conditions are to be governed by the laws of the State of California. Use of Nitty is unauthorized in any jurisdiction that does not give effect to the provisions of these Terms, including, without limitation, this section.

 

Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of Garage Cell and the original provision, and the remainder of the agreement shall continue in effect.

 

Merger

Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Garage Cell with respect to Nitty and the services it describes and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Garage Cell. Garage Cell’s Privacy and Security Statement nitty.com shall be considered part of this agreement for any purposes deemed relevant to security and privacy.

 

No Implied Waivers

Garage Cell’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Garage Cell unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

 

Dispute Resolution

Mediation
Parties shall first attempt to resolve any dispute related to this Agreement or its Terms together and in an amicable manner. If unable to come to an agreement, the parties shall then attempt to resolve any dispute related to this agreement by mediation. If a dispute arises and both parties agree to mediation, the parties shall arrange to meet on a specified date in order to obtain a mutually agreed upon mediator. If unable to agree upon an acceptable mediator, either party may provide a reasonable notice to the other party of their intent to ask a mediation service to appoint a neutral mediator. The other party shall have 30 days to respond before the mediation service is used to select a neutral mediator. The mediation shall be conducted under the mediation rules of the selected mediation service.

Arbitration
Any disputes remaining unresolved after mediation shall be settled by arbitration conducted in Los Angeles County, California utilizing a mutually agreed arbitrator or arbitration service. The parties shall arrange to meet on a specified date in order to obtain a mutually agreed upon arbitrator. If unable to agree upon an acceptable arbitrator, either party may notify the other party of their intent to ask an arbitration service to appoint a neutral arbitrator. The other party shall have 30 days to respond before the arbitration service is used to select a neutral arbitrator. The arbitration shall be conducted under the arbitration rules of the selected arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator. The arbitrator shall be required to follow the law and act in the best interest of all parties. Any arbitration decision or judgment is not automatically binding upon the parties unless otherwise agreed to in writing by all parties before the decision or judgment is made.

 

Compliance with Laws and Regulations; Disclosure

Garage Cell’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is a derogation of Garage Cell’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Nitty or information provided to or gathered by Garage Cell with respect to such use. Garage Cell reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Garage Cell’s sole discretion.

 

Headings

Section headings in this Agreement are provided merely for convenience and should not be given any legal weight. The words and information provided within this Agreement and the Terms are intended to be written, read, and interpreted in English. Words are to be given their most common, generally used, and natural understanding unless otherwise provided for and defined in the Terms.

 

Legal Effect of Terms

A printed version of this agreement and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Contact Garage Cell

Garage Cell welcomes your questions or commends regarding the Terms or anything else you wish to ask about. Please email us at support@Nitty.com.