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User Agreement

This User Agreement describes the terms and conditions under which you may use the BoneyardNW web site. Please read it carefully. If you do not accept the terms and conditions stated here, you may not use this site. BoneyardNW may revise these terms and conditions at any time by updating this user agreement. You should visit this page periodically to review the terms and conditions because they are binding on you.

If you have any questions about the User Agreement, please contact the site administrator.

1. Provider and Site Administrator
BoneyardNW is a free service provided by the Metro Solid Waste and Recycling Department. Throughout this agreement the terms "Metro Solid Waste and Recycling," "Metro," "we", and "our" are to be considered synonymous.

BoneyardNW is operated by a "site administrator" who is responsible for ensuring that BoneyardNW runs efficiently, that it promotes the goal of buying and selling commercial used building materials and that it is operated in manner that is responsible and does not promote harmful, offensive, or illegal activity. Metro’s Solid Waste and Recycling Director shall designate the site administrator in writing. The site administrator serves at the discretion of the Solid Waste and Recycling Director, and may be relieved of this responsibility at any time and without cause.

The site administrator has broad and exclusive discretionary authority to implement the goals of BoneyardNW and to ensure that the site is operated in a safe and efficient fashion. If, in the site administrator's opinion and at his or her sole discretion, a listing does not promote the stated goal of BoneyardNW, is inconsistent with this user agreement, or is potentially harmful, offensive, or illegal, the administrator may remove the listing from BoneyardNW. The site administrator also has authority to warn, temporarily ban, or permanently ban any individual from using BoneyardNW if that individual has posted a listing that has been removed for the reasons set forth in this paragraph or in the Listing Policy, below. The site administrator's decision in this regard is final and may not be appealed or reviewed.

2. Users
There are two categories of "users" of BoneyardNW: those listing items for sale or to be given away (“Listing User”) and those who are seeking items to purchase or accept (“Buying User”). Throughout this Agreement, the terms "user" and "you" are to be considered synonymous.

3. Goal of BoneyardNW
The goal of BoneyardNW is to create a virtual on-line marketplace and an on-line community that provides a fast and efficient venue for individuals and businesses in the commercial construction industry to exchange, buy and sell used commercial building materials.

4. Feedback Encouraged
Metro strives to build and maintain BoneyardNW web site to meet the needs of the construction industry by adding site features and tools as needed and seeking feedback from users about their experience using BoneyardNW. Metro will make every attempt to keep the site safe for users and safeguard all user information. See Privacy Policy .

5. Warning to Users
This is a user-monitored site. Unfortunately, Metro cannot and does not attempt to monitor the content of all listings that it receives. IT IS POSSIBLE THAT YOU MAY FIND OTHER USER'S INFORMATION OR LISTINGS TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE. Please use caution, common sense, and practice safe trading when using this site.

6. Limitations on Use
To accomplish the goal of BoneyardNW described above, the site administrator may: (1) limit the duration that a listing appears online, (2) limit the type of material that may be exchanged on the site, (3) limit use of the site to users that conform to the terms and conditions in this User Agreement, and (4) redact or delete any listing or communication that is not consistent with the goal of BoneyardNW.

7. User Eligibility
Listing Users must be at least eighteen (18) years of age. Any person may browse or purchase items listed on the site. Metro provides no assurance about the age of any individual using this site. All users are advised that they are responsible for complying with all relevant laws concerning contracting with juveniles.

Individuals who have been temporarily or indefinitely suspended from the site by the site administrator pursuant to paragraph 1 of this User Agreement may no longer use BoneyardNW.

8. Listing Policy
Overview: To help users properly list items, we have highlighted some listing policies here and describe how we handle listing violations when they are discovered. Whether a listing satisfies these policies and accomplishes the stated goal of BoneyardNW is determined at the sole discretion of the site administrator. The site administrator may remove a listing at any time and for any reason.
Listing Description: Listings may include a text description and photographs of the materials for sale or that you wish to give away. All items must be listed in an appropriate category. You may not promote identical items in more than one listing on BoneyardNW site at any one time.

Geographic Restrictions: Anyone from anywhere in the world can browse, search or buy materials listed on BoneyardNW. To be eligible to list (sell) items on BoneyardNW, the materials to be listed must have been generated in or originate inside of Multnomah, Clackamas, Washington or Clark Counties. Click here for a list of acceptable cities and counties.

Links: Users may place a simple link to another Web page in the description portions of their listings to help provide more information about the listed items or facilitate online payment for materials purchased off BoneyardNW. Links to sites offering merchandise prohibited from listing on BoneyardNW are not permitted and will be removed upon discovery.

Acceptable Items: The following is a sample list of items that may be listed on BoneyardNW:

• Used or salvaged commercial building materials. Includes any building material—from landscaping materials to foundation materials to roof materials and everything in between
• Used commercial building components including desks, , work-stations, cabinets, dividers/partitions, etc.
• Soil, dirt, rock, sand, and other inert materials, or mixtures of these materials
• Mud or sod
• Torn-out/broken-up concrete, asphalt and concrete masonry units
• Salvaged brick, pavers, boulders and landscape stone
• Salvaged landscape plants that are alive and are or can be made transplant ready: plants, shrubs, trees, grasses, etc.
• Outdoor structures or underground utility devices such as lamp-posts, utility vaults, above or below-ground tanks that held non-hazardous materials, etc.
• Whole buildings or portions of buildings for salvage/deconstruction or building relocation, including site built permanent or temporary structures or manufactured housing, trailers, and mobile homes

Prohibited Items: BoneyardNW does not permit users to place listings for items that are deemed harmful, offensive, or illegal. Listings that contain prohibited items will be removed from BoneyardNW immediately upon discovery. In addition, the site administrator may suspend or terminate your account and all of your listings if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent or criminal activity in connection with our site.

IMPORTANT: LISTING ITEMS THAT ARE ILLEGAL MAY SUBJECT YOU TO CRIMINAL OR CIVIL PROSECUTION.

The listing of prohibited items offered below is a sample only and not intended to be exhaustive. The site administrator reserves the right to prohibit the listing of any item, at any time, if the site administrator, at his or her sole discretion, determines that the item is harmful, offensive, or illegal. Additionally, many of the items on this list are not necessarily illegal but are prohibited from BoneyardNW due to the stated focus on buying and selling used commercial building materials.

Metro reserves the right to refer any potentially illegal listing (including, but not limited to fraudulent items, weapon sales, and pornography) to the appropriate legal authority for investigation and potential prosecution. Metro is committed to assisting the police and prosecutors in any investigation into illegal activity that may have occurred on this site.

If you list items in violation of this policy, or should you continue to do so after having been warned or requested not to by the site administrator, Metro reserves the right to pursue applicable civil penalties against you, to refer the matter to law enforcement authorities to investigate criminal activity, and to suspend or terminate your account on BoneyardNW.

It is impossible to list all items that might be considered harmful, offensive, or illegal. Users are requested to use their common sense when deciding whether to post an item that might fall into these categories. If you are at all unsure about listing an item, contact the site administrator .

Even if you offer to give away for "free" (rather than sell) a prohibited item, this will not relieve you of liability or absolve you from responsibility for complying with this User Agreement. This applies to all users, including buyers.

As an Exchange user, you are ultimately responsible for making sure that buying or selling your item(s) is legal. If you think you've spotted an item on BoneyardNW that is not allowed, please contact the site administrator .

Prohibited Items

• Any product or service that is not related to the construction or demolition of a building, including any extraneous information included as part of a listing that is not related to the construction or demolition of a building; listings may only describe the item for sale or giveaway
• New building materials (except those originating from project left-overs and materials that are new but freight damaged, discontinued or closed-out)
• Materials that are contaminated with hazardous components like asbestos (e.g., transite board, Asbestos siding, etc), PCB (e.g., ballasts from old lighting) or mercury (e.g., thermostats)
• Hazardous materials including pesticides, batteries, pressurized gas cylinders, Freon, fireworks, explosives and spray paint
• Freon-containing appliances or Freon containing devices that need repair
• Scrap metal being sold for it’s scrap value, not for salvage or reuse
• Advertisements for third party companies, products, or services unrelated to the salvage, deconstruction or relocation of buildings and building materials
• Bonuses, giveaways, raffles and prizes
• Cars, trucks or other off-road motorized vehicles that require a DMV title, including loaders, excavators and all terrain vehicles
• Catalogs, contracts and tickets
• Computers and computer monitors
• Credit cards
• Drugs, prescription drugs and drug paraphernalia
• Firewood and trees or scrap lumber being sold as firewood
• Lock picking devices or burglary tools
• Any use of coarse language, including language related to sex and sexual innuendos
• Pornography, adult entertainment and sex-related items
• Police/law enforcement-related items
• Postage meters
• Real estate offers unrelated to the salvage, deconstruction or relocation of buildings
• Stolen property and any smuggled, counterfeit, embargoed or recalled items
• Spamming (e-mail, key word, etc.)
• Stocks and other financial securities
• Surveillance equipment
• Tobacco products
• Television descramblers
• Firearms, weapons & knives

9. Free Service
There is no fee to list items on BoneyardNW. Exchange users are responsible for all costs relating to shipping and storage. At no time shall BoneyardNW or Metro be responsible for any costs incurred by users of BoneyardNW.

10. BoneyardNW is Only a Venue

• Overview: BoneyardNW acts as a venue for users to list, purchase, or acquire items. Metro is not involved in the actual transaction between users. As a result, Metro has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of users to sell or giveaway items, or the ability of users to buy or acquire items. Metro cannot and does not ensure, warrantee, or guarantee that a user will actually complete a transaction.
• Safe Trading: Because user authentication on the Internet is difficult, BoneyardNW cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential buyers and sellers. You may also wish to consider using a third party escrow service that provides additional user verification.
• Outside Links: BoneyardNW permits users to post links to outside Web sites where additional photos, on-line payment information or more detailed descriptions of items may be found. BoneyardNW and Metro have no control over the content to be found on any of these Web sites. Users should exercise extreme caution in visiting any Web site with which they are not personally familiar. Metro assumes no responsibility for any consequences associated with a user accessing a Web site through a link on BoneyardNW.
• Release: Metro is not involved in actual transactions between users. In the event that you have a dispute with one or more users, you agree to release BoneyardNW, Metro, the site administrator, and the Solid Waste and Recycling Department (including elected officials, agency directors, employees, and agents) from all claims, demands, and damages (actual, incidental and consequential) of every kind and nature arising out of or in any way connected with use of BoneyardNW.
• Information Control: This is a user-monitored site. Please report any suspected misuse to the site administrator.

11. Disputes Between Users
Disputes concerning the offer, acceptance, consideration, or any other issues relating to the validity of a contract between users are to be resolved between the users involved. In no circumstance shall BoneyardNW, Metro, the site administrator, or the Solid Waste and Recycling Department be a party to such disputes.

12. Your Information
"Your Information" is defined as any information you provide to BoneyardNW or to other users, via any means including e-mail communications, during the registration, listing or buying process. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Your Information (or any items listed therein):

• shall not be false, inaccurate, or misleading;
• shall not be fraudulent or involve the sale of counterfeit or stolen items;
• shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
• shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• shall not be obscene or contain child pornography or be otherwise adult in nature or harmful to minors;
• shall not contain any electronic computer viruses, “Trojan horses,” “worms,” “time bombs,” cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any electronic computer system, data or personal information;
• shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other computer system suppliers; and
  • shall not link directly or indirectly to or include descriptions of goods or services that:
    i. are prohibited under this Agreement;
    ii. are identical to other items you have up for sale but are priced lower than your item's minimum price on the Online Exchange; or
    iii. you do not have a right to link to or include.

You may not list any item on our site (or consummate any transaction that was initiated using our site) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current prohibited items list.

So that BoneyardNW does not violate any rights you might have in Your Information, and solely to enable BoneyardNW to use the information you supply to us, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.

BoneyardNW will only use Your Information in accordance with our Privacy Policy. Despite this Privacy Policy, it is possible that the WBME may accidentally release user information or that a court may order the WBME to release user information. By using this site, you agree (a) that you will not bring any suit, claim, or cause of action against the WBME, Metro, or Metro’s officers and employees for any damages resulting from any release of user information and (b) to absolve the WBME, Metro, and Metro’s officers and employees of any liability resulting from the release of user information, regardless of the manner in which user information was released and the consequences of the release.

13. Access and Interference
Our Web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of BoneyardNW site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Web site without the prior expressed written permission of BoneyardNW or the appropriate third party.

14. Breach
Without limiting other remedies, the site administrator may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and refuse to provide our services to you if: (a) you breach this User Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users, or BoneyardNW.

15. Privacy
View our complete current Privacy Policy online.

16. No Warranty
BoneyardNW does not warrant that the Web site will operate error free or that this Web site and its server are free of computer viruses or other harmful materials. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. We and our suppliers provide our Web site and services "as is" and without any warranty or condition, express, implied, or statutory.

17. No Limit
In no event shall Metro or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).

18. Indemnity & Hold Harmless
You agree to defend, indemnify and hold BoneyardNW, Metro, and the Solid Waste and Recycling Department (including, but not limited to, elected officials, officers, directors, agents, 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 this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

19. Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of BoneyardNW and any decision you make to list, solicit offers or buyers, offer to purchase, and purchase any sale items using BoneyardNW.

20. No Agency
You are an independent entity and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. Notices Except as explicitly stated otherwise, any notice to BoneyardNW shall be given by postal mail to:

BoneyardNW;
attn: Metro Solid Waste and Recycling,
600 NE Grand Ave,
Portland, OR 97232.

Notice to you shall be to the e-mail address you provide to BoneyardNW during the registration process. Notice shall be deemed given 24 hours after email is sent to you. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BoneyardNW during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

22. Mediation & Arbitration
Any controversy or claim against BoneyardNW arising out of or relating to this Agreement or our services shall be settled by mediation or binding arbitration. Any such controversy or claim shall be mediated or arbitrated on an individual basis, and shall not be consolidated in any mediation or arbitration with any claim or controversy of any other party. The mediation or arbitration shall be conducted in Portland, Oregon, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

A claim or controversy may be settled by mediation only if you and we agree to the terms of such mediation and to the mediator. If you and we do not agree on such terms, then the claim or controversy shall be settled by arbitration before a single arbitrator applying the laws of the state of Oregon, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be final, binding and enforceable upon both parties. Either you or BoneyardNW may seek any interim or preliminary relief from a court of competent jurisdiction in Portland, Oregon necessary to protect the rights or property of you or BoneyardNW pending the completion of mediation or arbitration.

23. General
This Agreement shall be governed in all respects by the laws of the State of Oregon as such laws are applied to agreements entered into and to be performed entirely within Oregon between Oregon 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.