Foambook Marketplace

You may register for Iako services only by agreeing to the following terms. If you have any questions, please refer to our Privacy Policy or Frequently Asked Questions .

1. ACCEPTANCE OF TERMS: Welcome to Iako. Iako provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Iako services, you and Iako shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. This agreement is in effect upon acceptance and registration for all users. Sections 2 (Release), 8 (License), 11 (Fees and Services), 13 (Indemnity), 21 (Access and Interference), 23 (Liability Limit), and 27 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.

This Agreement shall be governed in all respects by the laws of the State of Connecticut as such laws are applied to agreements entered into and to be performed entirely within Connecticut between Connecticut 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

2. DESCRIPTION OF SERVICE: Iako currently provides users with access to a rich collection of resources, including a community dedicated to buyers and sellers, various communications tools, forums, shopping and selling services, personalized content and branded programming through its network of properties (the "Service"). The Service is a venue for buyers and sellers, and is not directly involved in the transactions between those buyers and sellers. We cannot guarantee the satisfaction of either party. In the event that you have a dispute with one or more users, because we are a venue, you release Iako (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Iako to provide the Service. You also understand and agree that the Service may include certain communications from Iako, such as service announcements, administrative messages and Iako Newsletters, and that these communications are considered part of Iako membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Iako properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Iako assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Please be aware that Iako has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas. If minors have access to any computer under your control, we recommend you consider the use of commercially available parental control and protection products, in addition to monitoring a minor's internet use.

3. YOUR REGISTRATION OBLIGATIONS: In consideration of your use of the Service, you agree:

3.2 that you have the authority to bind a business entity to this agreement, if registering under a corporate identity;

3.3 provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and

3.4 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Iako has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Iako has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3.5 Iako is a private community, not open to use by competitors, its agents or employees for the purposes of gathering competitive information.

3.6 To comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding, listing, purchase, solicitation of offers to purchase, and sale of items.

3.7 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Iako is concerned about the safety and privacy of all its users, particularly children. While we do not allow accounts to be created and maintained by minors, obviously minors have access to this and any public medium. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child should you allow them to browse this service.

4. IAKO PRIVACY POLICY: Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.foambook.com/pp.aspx

5. MEMBER ACCOUNT, PASSWORD AND SECURITY: You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Iako of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session, and (c) accept full responsibility for your account if you set your computer to auto-login. You may not transfer, assign or sell your Iako identity to another party.Iako cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Iako, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Iako does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Iako be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

6.3 You further agree not to upload, post, email, transmit or otherwise make available any:

(a) Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) products or services that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(c) Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(d) Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

(e) unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

(f) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

6.4 You acknowledge that Iako does not pre-screen all Content, but that Iako and its designees shall have the right (but not the obligation) in their sole discretion to refuse any listings to the Service, and/or refuse or move any Content that is available via the Service. Without limiting the foregoing, Iako and its designees shall have the right to remove any Content that violates the TOS, does not in our sole opinion contribute to our community, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Iako or submitted to Iako, including without limitation information in Iako listings, Iako Stores, Iako Message Boards, Iako Clubs, and in all other parts of the Service.

6.5 You acknowledge and agree that Iako may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Iako, its users and the public.

6.6 You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE : Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE: Iako does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Iako the following world-wide, royalty free and non-exclusive license(s), as applicable:

8.1 With respect to Content you submit or make available for inclusion on publicly accessible areas of Iako, including, but not limited to Iako listings, Iako Stores, Iako Message Boards, and Iako Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Iako listing, Iako Store, Iako Message Board or Iako Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Iako removes such Content from the Service.

8.2 With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than Iako Clubs or Iako Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Iako removes such Content from the Service.

8.3 With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Iako Clubs or Iako Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

9.1 Buyers are obligated to complete any transaction entered into on the Site. Payment must be made in a timely fashion, and any disputes must be brought to the attention of the seller in accordance with the seller's terms. You may cancel a sale only under exceptional circumstance, such as: a material misrepresentation of the product, an obvious error in listing, or inability to contact the seller.

9.2 Sellers must have the legal right to list and sell posted items. Any listing of fraudulent, illegal or infringing items, or failure to complete transactions will result in the termination of your Iako account. All descriptions must be accurate and complete, and faithfully represent the item. The sellers terms may not be in violation of this agreement. You must complete any transaction which meets the terms of sale and the requirements of this agreement You may not artificially manipulate the price of an item, not interfere with the sale of another users items. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.

9.3 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Iako cannot and does not confirm each user's purported identity. Our user-initiated rating system might help you evaluate with whom you are dealing. We encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

9.4 You may not link to or include: descriptions of goods or services that are prohibited under this Agreement; are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; are listed for sale on a web site other than Iako (this does not prevent linking to or advertising an Iako item from another web site); or you do not have a right to link to or include.

9.5 Items listed for sale on iako must physically be in the seller’s possession, in the quantity listed. This quantity must be set aside for this listing until which time the listing expires and all orders have been filled. Listing items on iako which are not in the listing seller’s possession, in the quantity listed or which have not been physically and logically set aside for such purpose is a violation of our Terms of Service and iako may terminate all future use of this service.

10: PROHIBITED ITEMS: In addition to any items protected by trademark, patent and copyright restrictions, you are banned from offering, advertising, promoting or buying the following items for sale as a matter of law, and/or Iako policy: Academic or test software; alcohol, beer or wine; animals and wildlife products; protected artifacts; batteries; catalytic converters and test pipes; compilation and informational media; non-transferable items (including, but not limited to, contracts, tickets, identification cards or licenses); counterfeit items and currency; credit cards; licit or illicit drugs & drug paraphernalia; embargoed or prohibited country's items; the likeness, signature or property of another person, unless authorized; firearms; fireworks; explosives; ammunition; military or law enforcement equipment or paraphernalia; food or other perishables; freon and refrigerants; hazardous or restricted items; human parts and remains; unauthorized imported goods; devices which promote or enable criminal activity; lottery tickets; any person's personal information, including mailing lists; medical devices; mod chips, game enhancers, and boot discs; any material which offends or harms another; chemicals, including pesticides; plants and seeds; postage meters; recalled items; recordable media; satellite or cable TV descramblers; slot machines; stocks and securities; surveillance equipment; tobacco; used clothing; warranties, except where transfer is authorized by the manufacturer; weapons; knives meant for anything other than household use; and any other items which Iako in its sole discretion, may find the need to ban from listing.

11. FEES AND SERVICES: Joining and bidding on items at Iako is free. We do charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. Our Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site.. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

12.1 Member Rating System Integrity. You may not take any actions that may undermine the integrity of the Member Rating System system. We may limit the number of bids and listings you may place on the Site based upon your rating. If you have 3 or more negative ratings, your membership will be reviewed, and you may be suspended indefinitely or for a period of time of our choosing. Suspended members may not list or bid on any Iako items. 12.2 Exporting of Member Rating: You acknowledge that your rating number consist of the comments and opinions of other users and a composite rating number compiled by Iako, and that the composite number without the comments does not convey your full user profile. Because member ratings are not designed for any purpose other than for facilitating trading between Iako users, you agree that you shall not market or export your Iako rating in any venue other than an Iako operated website. 12.3 Importing of Ratings. You may not import ratings from other (non-Iako operated) websites, nor do we allow ratings and comments foreign to the Iako system on this service. Such importing would be in violation of this agreement.

13. INDEMNITY: You agree to indemnify and hold Iako, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. In the event a legal action is filed against Iako, any current or former Registered Users may be called upon to comply with, or provide information to the relevant jurisdiction.

14. NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

15. BREACH OF THIS AGREEMENT: Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily or indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this 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 financial loss or legal liability for you, our users or us.

16. GENERAL PRACTICES REGARDING USE AND STORAGE: You acknowledge that Iako may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that listings, message board postings, email messages or other uploaded Content will be retained by the Service, the maximum size of any listing that may be posted on the service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Iako's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Iako has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Iako reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Iako reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

17. MODIFICATIONS TO SERVICE: Iako reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Iako shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

18. TERMINATION: You agree that Iako, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Iako believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Iako may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Iako may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Iako shall not be liable to you or any third-party for any termination of your access to the Service.

19. DEALINGS WITH LISTERS/ADVERTISERS: Your correspondence or business dealings with, or participation in promotions of, "Listers" (registered Iako users offering goods, data, information and/or services to other Iako users for use and/or sale) and /or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Iako shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

20. LINKS: The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Iako has no control over such sites and resources, you acknowledge and agree that Iako is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Iako shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Iako may, at its sole discretion, remove or block any links posted anywhere on the Iako site.

21.1 You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Iako or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

21.2 Iako grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Iako for use in accessing the Service.

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IAKO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. IAKO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IAKO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

23. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IAKO 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 IAKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

24. EXCLUSIONS AND LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 22 AND 23 MAY NOT APPLY TO YOU.

25. SPECIAL ADMONITION FOR SERVICES AND INFORMATION RELATING TO FINANCIAL MATTERS: If you intend to create or join any service, receive or request any information from any listings on the service concerning companies, stock quotes, investments or securities, please read the above Sections 22 and 23 again. They go doubly for you. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Iako and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any financial decisions made based on such information.

26. NOTICE: Notices to you may be made by email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices generally on the Service

27. DISPUTE RESOLUTION: In the event a dispute arises between you and Iako, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Iako agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Dispute Resolution Section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

27.1 Binding Arbitration: For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Iako may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no personal appearance is required. In such instances, the arbitration shall be conducted by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

27.2 Court: Any Claim may be adjudicated by a court of competent jurisdiction located in Fairfield County, Connecticut or where the defendant is located (in our case Stamford, Connecticut, and in your case your home address or principal place of business). You and Iako agree to submit to the personal jurisdiction of the courts located within Fairfield County, Connecticut.

27.3 Alternative Dispute Resolution: Alternatively, Iako will consider use of other forms of dispute resolution, such as binding arbitration, to be held in Fairfield County, Connecticut or another location mutually agreed upon by the parties.

28. TRADEMARK INFORMATION: Iako, the Iako logo, related trademarks and service marks, and other Iako logos and product and service names are trademarks of Iako LLC. (the "Iako Marks"). Without Iako's prior permission, you agree not to display or use in any manner, the Iako Marks. "Make an Offer" is the trademark of IIDS, LLC. The "Make an Offer" algorithm is the patent pending intellectual property of IIDS, LLC. and its use and marks are licensed to Iako.

29. COPYRIGHTS and COPYRIGHT AGENTS: Iako respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Iako's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or agent authorized to act on the copyright or intellectual property owner's behalf.

Iako's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
Iako Inc.
P.O. Box 1182
New Canaan, CT 06840
By email: Copyright@iako.tv

30. GENERAL INFORMATION: The TOS constitute the entire agreement between you and Iako and govern your use of the Service, superceding any prior agreements between you and Iako. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Iako shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and Iako agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfield, Connecticut. The failure of Iako to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

31. VIOLATIONS: Please report any violations of the TOS to our Customer Care group.

32. DISCLOSURES: The services hereunder are offered by Iako, LLC., PO Box 1182, New Canaan, CT 06840. The system code provided to operate this marketplace is licensed by International Internet Data Systems. The "Make an Offer" real time consumer negotiation systems are the patent pending property of International Internet Data Systems. For information regarding this company, you may visit http://www.iids.com.