Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Cleared LLC ("Company," "we," "us," or "our"), the operator of the Yardly mobile application and related services (collectively, the "Service"). By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Eligibility

You must be at least 13 years of age (or the minimum age required in your jurisdiction) to use the Service. If you are under 18 years of age (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Description of Service

Yardly is a platform that enables users to discover, browse, and share information about garage sales, estate sales, yard sales, moving sales, and similar events ("Sales"). The Service allows users to view Sale listings posted by other users, create and post their own Sale listings, save Sales to their favorites, receive notifications about Sales in their area, and navigate to Sale locations.

Yardly is a platform only. We do not organize, host, conduct, or participate in any Sales. We are not a party to any transaction between users. We do not verify the accuracy of Sale listings, the identity of users, or the quality, safety, or legality of items offered at any Sale.

4. Account Registration

To access certain features of the Service, you must create an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; (d) accept responsibility for all activities that occur under your account; and (e) notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information.

5. User Content

You may submit, post, or display content through the Service, including Sale listings, photos, descriptions, comments, and other materials ("User Content"). You retain ownership of your User Content. By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating and providing the Service.

You represent and warrant that:

• You own or have the necessary rights to use and authorize us to use your User Content
• Your User Content does not infringe, misappropriate, or violate the rights of any third party
• Your User Content does not contain false, misleading, or fraudulent information
• Your User Content complies with all applicable laws and these Terms

6. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Post false, inaccurate, misleading, defamatory, or fraudulent Sale listings or content
• Post content that is obscene, harassing, threatening, hateful, or discriminatory
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect, harvest, or store personal information of other users without their consent
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any systems or networks
• Use automated means (bots, scrapers, etc.) to access or interact with the Service without our written permission
• Post listings for items that are illegal, stolen, counterfeit, hazardous, or otherwise prohibited
• Use the Service for commercial advertising or spam unrelated to personal garage/estate sales
• Circumvent, disable, or interfere with security features of the Service

7. Content Moderation

We reserve the right, but have no obligation, to monitor, review, edit, or remove User Content at our sole discretion. We may remove any User Content that we believe violates these Terms, is harmful, offensive, or otherwise objectionable, or for any other reason. We may also suspend or terminate your account for violations of these Terms.

8. Intellectual Property

The Service and its original content (excluding User Content), features, functionality, and underlying technology are owned by Cleared LLC and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, lease, or create derivative works based on any part of the Service without our prior written consent.

9. Third-Party Services and Links

The Service may contain links to or integrate with third-party websites, services, or content that are not owned or controlled by us. We do not endorse or assume any responsibility for any third-party services. Your use of third-party services is at your own risk and subject to the terms and policies of those third parties.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY SALE LISTING OR USER CONTENT. WE DO NOT VERIFY THE IDENTITY OF USERS OR THE ACCURACY OF INFORMATION PROVIDED. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE. YOU ASSUME ALL RISKS ASSOCIATED WITH INTERACTING WITH OTHER USERS AND ATTENDING SALES LISTED ON THE SERVICE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEARED LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Cleared LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of another person or entity; or (e) your attendance at or participation in any Sale listed on the Service.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. You may delete your account at any time through the app settings. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the State of Delaware, United States. You agree to waive any right to a jury trial and any right to participate in a class action lawsuit or class-wide arbitration. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

16. Apple App Store Terms

If you download or access the Service through the Apple App Store, you acknowledge and agree that:

• These Terms are between you and Cleared LLC only, and not with Apple Inc. ("Apple"). Cleared LLC, not Apple, is solely responsible for the Service.
• Apple has no obligation to furnish any maintenance and support services with respect to the Service.
• In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.
• Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, Cleared LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Effective Date" at the top of these Terms and, where appropriate, providing additional notice through the app. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

18. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cleared LLC regarding the Service and supersede all prior agreements.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

19. Contact Us

If you have any questions about these Terms, please contact us: