PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

This Site is free to use by our visitors. And by using this Site, you the User, are agreeing to comply with and be bound by the following Terms of Use. After reviewing the following Terms and Conditions thoroughly, if you do not agree to the Terms and Conditions, please do not use this site.


REGISTRATION IS FREE !

Thank You for registering with The Rocking Porch. Registering will allow you to buy and sell as a Member of our auction and marketplace community. With that privilege comes responsibilities as well. All data the you enter into therockingporch.com must be honest, truthful and accurate. All data must be in keeping with our Listing and Buying Policies. Failure to follow our Agreement, and or, our Policies may constitute abuse.  The management, owners, agents, and or employees reserve the right to at any time discontinue, suspend or terminate users, and or, content that we deem as possible problems, and or, as possible legal liabilities. Truth, honesty and attention to detail will go a long way here... Our goal is to provide a fun, exciting auction, and marketplace for you, the User, to buy and sell antique, vintage, collectible and personal items online in a clear, concise and safe environment. It can only be that, if we all make it so.

SCOPE

Before you become a Member you must read and agree to all of terms in, linked to, or implied by this The Agreement and the Policies governing this website. By accepting, or using the Service in any way, you are agreeing to this User Agreement. You agree that this User Agreement and Policies will apply whenever you use this Website, or our other Websites , and or Services in part or in whole, owned by, in part or in whole, or operated by The Rocking Porch, therockingporch.com, or any of the Codders House affiliated companies hereto known as;  TRP (The Rocking Porch, therockingporch.com, etc.).

ACCEPTANCE OF THE TERMS OF USE

By using the Services provided by TRP in any way, you are agreeing to comply with the Terms of Use. In addition, when using particular TRP services, you agree to abide by any applicable posted guidelines for all TRP services, which may change from time to time at our sole discretion. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with TRP in any way, your only recourse is to immediately discontinue use of TRP. TRP has the right, but is not obligated, to strictly enforce the Terms of Use through, but not limited to,  self-help,  moderation, investigation, litigation and prosecution to the fullest extent of the law. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior agreements, representations, warranties and understandings with respect to the Site, the Content, or Services provided by or listed on the Site.

USER AGREEMENT

You expressly understand and agree that your use of this Service is at your own risk. The Service is provided on an as-is, where-is, and as-available basis. TRP disclaims all warrantees of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. You expressly understand and agree that TRP shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TRP has been advised of the possibility of such damage, resulting from: The use or the inability to use the Service; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; Unauthorized access to or alteration of transmissions or data; statements or conduct of any third part on the Service; or any other matter relating to the Service. While using TRP, you will not post information, content or items of a sexual or profane category, violate any laws, third party rights, or our policies. You will not use the service if you are not able to form a legally binding contract, or are under the age of 18. While using the Site, or Sites you will not fail to deliver payment for items purchased by you, fail to deliver items purchased from you, tamper in any way with the content of the site, or the content and listing of others. You will not manipulate or circumvent the price, or the fee structure of TRP in any way. You will not distribute spam, unsolicited emails, or bulk electronic communications, chain letters or schemes of any kind. You will not introduce any other technologies other than the technologies available to you through TRP. All Buyers and Sellers acknowledge and understand that we are a Venue for our Members to offer for sale, sell and buy items in an Auction, or Fixed Price format. Please remember,we have not seen the items being offered for sale, we have not evaluated the items, we have not confirmed the accuracy, or the reliability of statements relating, or pertaining to the items. TRP is not an agent for the Buyer or the Seller, and thus does not assume any responsibility for warranties, express or implied, representations, or assumptions of authenticity, condition, quality, title or any other information whatsoever about the items offered for sale. The Seller is solely responsible for what they sell. The Buyer is solely responsible for what they buy.

   
AGE REQUIREMENTS

Users of all ages are eligible to browse the Site, and or Sites. However, only users 18 years or older are permitted to become a Member. If you are not a Member, you may not be permitted to access certain content, materials, or features available to members of TRP.

MEMBERSHIP

 When you register for a Membership Account you must provide accurate and truthful information about yourself, including, if applicable, billing information, and update such information from time to time as necessary to keep your registration information current and accurate. As a registered Member of our Web site, you are responsible for keeping your password and Membership Account information confidential.  You should not provide anyone your Membership Account log-in information. You are solely responsible for any and all activities that occur under your Membership Account. You are entirely responsible for any content that you provide to or otherwise make available on or through the TRP Website, or sites. Buyers and Sellers have the shared responsibility for making the sure TRP is an exciting, rewarding, hassle-free environment for making purchases. We encourage everyone to work together to make this a satisfying experience.

PERSONALLY IDENTIFIABLE INFORMATION       

Your use of the TRP Website is an acknowledgment of and agreement to our Privacy Policy.  TRP does not sell or rent any personally identifiable information about our users to any third party. For the purpose of advertising, visitor and user information is gathered for reporting to advertisers and, or future advertising partners. However, in these situations, we never disclose any information that could be used to personally identify you, such as your Name, Address, User ID, Password, and Credit Card Information. You further acknowledge and agree that only under the requirement of law will we share your Personally Identifiable Information, or in the good faith belief that disclosure is reasonably necessary to comply with due legal process.

CONTENT

You understand that all listings, emails , text, files, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the web site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you make available on the web site. You understand that TRP does not control, and is not responsible for Content made available through the TRP Web site, and that by using the TRP, you may be exposed to information that is inaccurate, misleading, or otherwise objectionable. Furthermore TRP makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any listing. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may, or may not rely on said Content, and that under no circumstances will TRP be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the TRP website. You acknowledge that TRP does not pre-screen or approve Content, but that TRP shall have the right (but not the obligation) in its sole discretion, to refuse, delete or move any Content that is available via the Website, for violating the letter or spirit of TRP or for any other reason.

RELEASE

If a dispute arrises with one or more users of the TRP Website, you release us our officers, our share holders, our partners, owners, management, attorneys and or employees from any claim whatsoever.

If you are a California resident, you 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."

COPYRIGHTS


Copyright. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without the express prior written permission of TRP.
  

DELETING AND MODIFICATION


Deleting and Modification. We reserve the right in, or at, our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site that is deemed inappropriate, offensive, or not in keeping with the letter, and or spirit of our policies, including this Agreement. The management, owners, employees reserve the right to at any time discontinue, suspend or terminate users and or content that we deem as possible problems, and or possible legal liabilities. Truth, honesty and attention to detail will go a long way in avoiding any difficulties.

INDEMNIFICATION


Indemnification. You agree to indemnify, defend and hold us, our officers, our share holders, our partners, owners, management, attorneys and or employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your use and or violation of this Agreement in your present, and or, future use of the Site.


DISCLAIMER

Disclaimer. THE CONTENT, SERVICES, OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.

LIMITS OF RESPONSIBILITY
  
Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.

 
THIRD PARTY WEB SITES


Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such web sites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.

THIRD PARTY PRODUCTS AND SERVICES


Third-Party Products and Services. We advertise third-party linked websites from which You may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked we websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between You and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by Us, expressed, implied or otherwise. Under no circumstances are We liable for any damages arising from the transactions between You and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our Site.


SUBMISSIONS


Submissions. All suggestions, ideas, notes, concepts and other information You may send to Us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, We shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
 



RESPONSIBILITIES OF THE SELLER AGREEMENT


To sell on TRP you must be a Registered Member, in good standing, of the TRP site. You must be 18 years or older and able to enter into a legally binding contract. You must own the items, and or, have a legal contract, or right to sell the items listed for auction or sale. You must register with your full legal name, a working phone number, working email address, and a physical mailing address. We will not tolerate the use of false names or virtual identities to conduct business on the site, and reserve the right to request proof of identity at any time to prevent abuse. You must have a clear knowledge of what you are selling. You must list all items in their appropriate categories. For instance, an item listed in the Antiques Category must be 100 years old, or older. Reproductions are not allowed! There is a separate category for Reproductions. Vintage items must be 25 years old to 100 years old. Oil paintings, or Watercolors must be ORIGINAL! Prints, jiclees and reprints are not allowed in the original art section. They must be listed in the Prints or the Reproduction section. Each item placed on TRP must have a full text description, at least one quality photo of THE item you are selling. Only the item you are selling must be in the pictures. You are allowed one photo of the item in a beautiful grouping, but only if the item(s) is pictured alone in three other photos. You are not allowed to use keywords, or spam, or text unrelated to your item. There is a long list of prohibited items that cannot be sold on TRP. Please review the list. You cannot list unlawful, or prohibited items on TRP. All Sellers must be in full compliance with our Restricted or Prohibited Items Policy at all times. You must know, understand and adhere to all of Your Local, State and Federal sales tax Codes. You are responsible for collecting any and all sales tax due on the items you sell. You must offer at least one form of online payment, Paypal or a credit card option using your own merchant account. You must have a credit card in good standing on file with TRP. You must be truthful and honest at all times. You must be timely in response to questions and shipping. You must treat the TRP customer with respect and courtesy at all times... When you list an item on TRP, you are entering into a legally binding contract to fulfill the obligation of your listing parameters. You must do so each and every time you list an item for sale. There are many different avenues available to the Seller at the TRP Site. Fully understand the choices before you list an item for sale.  Good business practices are a must. Treat each and every customer as though they were a friend. TRP operates on the three strikes rule. Repeated customer issues will not be tolerated. A good bargain is one in which all parties win! That’s what we’re about at The Rocking Porch. Please remember the management, owners, and or employees of TRP reserve the right to at any time to discontinue, suspend or terminate users and or content that we deem as possible problems, and or potential legal liabilities. Truth, honesty and attention to detail will go a long way in providing a safe, happy online experience for our Sellers, Shoppers, and Buyers. Below is a list of our Prohibited Items, and a schedule of the current TRP Seller Fees. Please review both carfully.


PROHIBITED AND RESTRICTED  ITEMS

Buyers and Sellers assume any and all responsibilities for the lawfulness of the transactions they engage in. You are solely responsible for the laws, rules and regulations that apply, for, to and about the items You wish to list for sale or purchase. It is Your responsibility to comply with all the laws, rules and regulations applicable to the transaction in which you wish to, or are engaging. If you are not certain how your item may be affected, or by which laws the sale or purchase of an item is lawful, consult with your attorney or with the appropriate law enforcement agency. Please read and understand the TRP Prohibited and Restricted Items Policy below. Contact Customer Care with questions ccare@therockingporch.com.

Adult Items – Adult Items are prohibited. Items that contain graphic nudity, depict or imply sexual acts are prohibited; however, items that are artistic, antique, or of 1950's or earlier vintage that do not fall into the pornography category may be permitted. We may, in our sole and absolute discretion, remove any listing we determine is inappropriate.
 

Alcohol – the sale of alcohol, including wine, is prohibited.
 

Alcohol-related Collectibles – the sale of alcohol-related antiques, collectibles and memorabilia is permitted under certian conditions; If the alcohol is still in the container; the container must be unopened, the value of the item must be in the packaging or container and not in the contents, the item is not currently available at retail sales level, the Seller ensures the Buyer is of legal age and the Buyer and Seller comply with all applicable laws and shipping regulations. All of the above must be stated in the listing description of the item.
 

Animals and Animal Parts - the sale of animal parts is prohibited, including pelts and skins.
 

Art – unauthorized copies, reproductions and items that otherwise violate any existing laws, including but not limited to, copyright and trademark laws, are prohibited
 

Artifacts from protected lands – all items taken from federal, state or publicly controlled or Native American lands or battlefields are prohibited.
 

Cat or Dog Fur – items containing cat or dog fur are prohibited.
 

Cave Formations – stalactites and stalagmites and other formations removed from federal lands or from state lands, where such removal is prohibited by State or Federal law, are prohibited.

Counterfeit Items – counterfeit currency, unauthorized replicas, unauthorized items and unauthorized copies (including, but not limited to, copies, pirated copies, duplicated, backed up or bootlegged) are prohibited.

Crime Scene Items and Photographs - items associated with individuals notorious for committing criminal acts within the last 50 years are prohibited.

Humans Remains and Body Parts – human remains, skulls, bones parts, organs, fluids, waste, and other grave-related items are prohibited.

Embargoed and Prohibited Goods – the sale of embargoed goods from, with, or to countries or persons against which any U.S. agency has sanctions, bans or regulations against is prohibited.

Encouraging Illegal Activity – any items, links to items, printed or recorded material that encourage, promote, facilitate or instruct others to, or how to engage in illegal activity are prohibited.

Endangered Species – pelts and skins, from endangered or protected species are prohibited.

Firearms and Ammunition – all firearms, firearms parts and ammunition are prohibited.

Government Documents – internal, classified, non-public documents and other materials are prohibited.

Government Uniforms – government uniforms are prohibited, unless they are antique,(100 years old or older)or  vintage, (25years old)and are no longer in service.

Government Identification – all current government identification, license plates and licenses are prohibited. Antique, vintage and or expired collectable items may be listed.

Human Hair – items containing human hair are permitted.

Ivory – items made from ivory are prohibited unless they were created before 1900, including but not limited to, seals, walruses, and whales, unless the part has been transformed into an authentic Alaska Native handicraft or clothing. 

Law Enforcement Items – current or recent law enforcement badges, patches, uniforms, emergency lights, sirens and traffic control devices are prohibited. Antique and vintage items on longer in service are permitted as long as the listing doesn’t violate applicable Local, State or Federal law.

Native American grave items – Native American grave and burial items are prohibited.
Medical Devices and Items – any medical item or device that can only be sold to an authorized purchaser, and or items that require a doctor’s notice or prescription are prohibited.

Plants, Seeds and weeds – plants, weeds and seeds are prohibited.

Pornography - pornography is prohibited.

Postage Meters – postage meters are prohibited.

Slot Machines – coin-operated slot machines are prohibited. Vintage slot machines that are at least 25 years old, or older, non-currency operated and non-functional, solely for display, that have been permanently altered to not accept coins or currency and cannot be converted back  into operational slot machines are permitted.  Replica slot machines that are operable are prohibited. Check local laws to determine if the slot machine you wish to list is a legal transaction.

Counterfeit Stamps – counterfeit stamps, reproductions of stamps, and or items relating to or for counterfeiting stamps are prohibited.

Stocks, Bonds, Investment Certificates - Any stock, bond or investment document that represents a current  interest in any entity what so ever is prohibited.

Stolen Property – items which are stolen, and items from which the serial number has been removed or tampered with or altered, are prohibited.

Stuffed Birds – stuffed birds, and parts, are prohibited.

Tobacco – tobacco is prohibited.

Tortoise – items made from any part of any species of turtle or tortoise which is identified as threatened or endangered by the U.S. Fish and Wildlife Services are prohibited.  Sellers listings must identify the species and its designation as non-threatened or non-endangered.

Traps – all animal traps are prohibited.

Weapons - All non-firearm weapons that are not antique, (100 years old or older)and do not adhere to local, state and federal laws governing the sale thereof are prohibited.
   

RESPONSIBILITIES OF THE BUYER AGREEMENT

Before You may register as a Buyer to shop on our Site, You must read and accept the sections below. This Agreement is effective immediately for all current Buyers and upon acceptance by new Buyers.

By registering and using our Site You represent to Us that are 18 years or older and You have the legal authority to enter into a legal contract. The information you have provided to us during the registration process and thereafter is to the best of your knowledge complete, truthful, honest and accurate. By using the TRP Site, You agree that you will deal with each Seller in good faith, and refrain from contracting with any Seller for items that you have no intention to purchase.  You have read and understand that by bidding, or making an offer to purchase, You have entered into a legally binding contract to purchase, if your offer is accepted. You must abide by the payment terms and terms of sale, and comply with the Policies of each Seller as well as the Policies the TRP Site. You must know, understand and abide by all Local, State and Federal sales tax codes. You are responsible for any and all sales taxes that may be due. You are the reason we are here. Enjoy yourself and help make your experience here a rewarding one.

By registering you also agree and understand that the TRP Site acts only as the venue for Sellers to conduct sales and for Buyers to purchase Seller's items. We are not involved in the actual transaction of business between Buyers and Sellers. In the event you have a dispute with a Buyer or with a Seller, you hereby release TRP, and our owners directors, officers, agents and or employees from any and all claims, demands and damages, actual and consequential, of every kind arising out of or in any way connected with such disputes.

TRP has the sole authority and discretion to operate and maintain the Site. We reserve the right, but are under no obligation to remove, discontinue, terminate, or place on hold any item, picture, or listing from TRP at any time, and for any reason, without notice. The Buyer is solely responsible for exercising the principle of "buyer beware" just as the Buyer would in any marketplace. We are not responsible for addressing or assisting with any disputes between, or complaints about any Buyers, or between Buyers and Sellers. In the event of a claim or dispute, Buyers and Sellers shall communicate directly with the each other. In the event we receive complaints, we will investigate, at our sole discretion and direct the Buyer and Seller to communicate directly with each other. We reserve the right to refuse service to anyone, at anytime. The management, owners, and or, employees of TRP reserve the right at any time to discontinue, suspend or terminate users and or content at any time whatsoever. We also reserve the right to assist Sellers in blocking any Buyer from purchasing items from Seller's and to deny access to our Site of any Buyer due to the Buyer's rude or abusive conduct. Truth, honesty, and integrity will go a long way in avoiding problems. Treat the seller as you would your neighbor, and remember a good deal is one in which everyone wins! Always be kind and courteous. No problem was ever resolve through anger. TRP will not tolerate any form of abusive behavior. Seller complaints, and other reasons which we consider, at our sole discretion, to be abusive or disruptive to the TRP business and or reputation of the TRP Site will not be allowed. Working together to resolve any issues will pave the way for a smooth transaction and will make everyone’s experience a pleasant one!


If you are a California resident, you 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."

                               

ASSURANCE OF NON-CONFLICT

Let it be known to all Buyers and Sellers alike, that members of the TRP staff, owners, management, and employees, including its Customer Service team, currently, or have previously listed items on the TRP site. It is TRP’s policy and obligation to avoid ethical, legal, financial, or other conflicts of interest and to ensure that their activities and interests do not conflict with their obligation to the company or its members.

 
TRP PRIVACY POLICY

Your use of the TRP Website is an acknowledgment of and agreement to our Privacy Policy.  TRP does not sell or rent any personally identifiable information about our users to any third party. For the purpose of advertising, visitor and user information is gathered for reporting to advertisers and, or future advertising partners. However, in these situations, we never disclose any information that could be used to personally identify you, such as your Name, Address, User ID, Password, and Credit Card Information. You further acknowledge and agree that only under normal course of business the requirement of law will we share your Personally Identifiable Information, or in the good faith belief that disclosure is reasonably necessary to comply with due legal process.

Your personally Identifiable Information will be used by TRP in the normal course of business and for security purposes. Account information, email addresses, names and addresses are used to facilitate sales on the TRP Site. However, the TRP site is only a venue for the Buyer and Seller to transact business between them. Your Credit Card information is never shared by TRP. Vendors are independent of TRP and have their own privacy policies.