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TERMS OF USE
1. ACCEPTANCE OF TERMS
USAClassifiedz.com provides
a collection of online resources, including classified ads, forums, and
various email services, (referred to hereafter as "the Service")
subject to the following Terms of Use. By using the Service in
any way, you are agreeing to comply with the Terms Of Service. In addition, when
using particular USAClassifiedz.com services, you agree to abide by any applicable
posted guidelines for all USAClassifiedz.com services, which may change from time to
time.
Should you object to any term or condition of the Terms Of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with USAClassifiedz.com in any way, your only recourse is to immediately discontinue use of USAClassifiedz.com. 2. MODIFICATIONS TO THIS AGREEMENT We
reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes. 3. CONTENT You
understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that
you post, email or otherwise make available via the Service. You
understand that USAClassifiedz.com does not control, and is not responsible for
Content made available through the Service, and that by using the
Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise
The
USAClassifiedz.com site and Content available through the Service
may contain features and functionalities that may link you or provide
you with access to third party content which is completely independent
of USAClassifiedz.com, including web sites, directories, servers, networks, systems,
information and databases, applications, software, programs, products
or services, and the Internet as a whole.
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 notify USAClassifiedz.com for notice of claims of copyright or other intellectual property infringement at: USAClassifiedz.com Please
provide our Agent with the following Notice:
a) Identify
the material on the USAClassifiedz.com site that you claim is infringing, with
enough detail so that we may locate it on the website;
b) 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; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. USAClassifiedz.com will
remove the infringing posting(s), subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA). 6. PRIVACY AND INFORMATION DISCLOSURE USAClassifiedz.com
has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following
web address: http://www.USAClassifiedz.com/classifieds/privacy.php 7. CONDUCT You agree not to post, email, or otherwise make available content: a) that is
unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any
way; Additionally, you agree not to: r) contact
anyone who has asked not to be contacted;
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on USAClassifiedz.com's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from USAClassifiedz.com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from USAClassifiedz.com.
You
understand and agree that sending unsolicited email advertisements to
USAClassifiedz.com email addresses or through USAClassifiedz.com computer systems, which is
expressly prohibited by these Terms Of Service, will use or cause to be used servers
located in Indiana. Any unauthorized use of USAClassifiedz.com computer systems is a
violation of the Terms Of Service and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act. Such violations
may subject the sender and his or her agents to civil and criminal
penalties. 10. PAID POSTINGS We
may charge a fee to post Content in some areas of the Service. The fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said
Content and compliance with the Terms Of Service. All fees paid will be
non-refundable in the event that Content is removed from the Service
for violating the Terms Of Service. 11. LIMITATIONS ON SERVICE You acknowledge that USAClassifiedz.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that USAClassifiedz.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that USAClassifiedz.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that USAClassifiedz.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
USAClassifiedz.com
grants you a limited, revocable, nonexclusive license to access the
Service for your own personal use. This license does not include:
You
agree that USAClassifiedz.com, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or
IP address, or otherwise terminate your access to or use of the Service
(or any part thereof), immediately and without notice, and remove and
discard any Content within the Service, for any reason, including,
without limitation, if USAClassifiedz.com believes that you have acted
inconsistently with the letter or spirit of the Terms Of Service. Further, you agree
that USAClassifiedz.com shall not be liable to you or any third-party for any
termination of your access to the Service. 14. PROPRIETARY RIGHTS The
Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service
is protected by copyright as a collective work and/or compilation,
pursuant to copyrights laws, and international conventions. Any
reproduction, modification, creation of derivative works form or
redistribution of the site or the collective work, and/or copying or
reproducing the sites or any portion thereof to any other server or
location for further reproduction or redistribution is prohibited
without the express written consent of USAClassifiedz.com. You further agree not to
reproduce, duplicate or copy Content from the Service without the
express written consent of USAClassifiedz.com, and agree to abide by any and all
copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any
source code contained in the Service. Without limiting the foregoing,
you agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of the Service. 15. DISCLAIMER OF WARRANTIES YOU
AGREE THAT USE OF THE USAClassifiedz.com CLASSIFIEDS SECTION AND THE SERVICE IS ENTIRELY AT YOUR
OWN RISK. THE USAClassifiedz.com CLASSIFIEDS SECTION AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR
"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY
LAW, USAClassifiedz.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE USAClassifiedz.com CLASSIFIEDS SECTION AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, USAClassifiedz.com DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE USAClassifiedz.com CLASSIFIEDS SECTION OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY
LINKS ON THE USAClassifiedz.com CLASSIFIEDS SECTION. TO THE FULLEST EXTENT PERMITTED BY LAW, USAClassifiedz.com
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE USAClassifiedz.com CLASSIFIEDS SECTION OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions,
some of the foregoing disclaimers may not apply to you insofar as they
relate to implied warranties. 16. LIMITATIONS OF LIABILITY UNDER
NO CIRCUMSTANCES SHALL USAClassifiedz.com BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF USAClassifiedz.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
ANY ASPECT OF YOUR USE OF THE USAClassifiedz.com CLASSIFIEDS SECTION OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE OR THE SERVICE, FROM
INABILITY TO USE THE USAClassifiedz.com CLASSIFIEDS SECTION OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE USAClassifiedz.com CLASSIFIEDS SECTION
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE USAClassifiedz.com CLASSIFIEDS SECTION OR THE SERVICE
OR ANY LINKS ON THE USAClassifiedz.com CLASSIFIEDS SECTION, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE USAClassifiedz.com CLASSIFIEDS SECTION OR THE SERVICE OR ANY LINKS ON THE USAClassifiedz.com CLASSIFIEDS SECTION. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdictions, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you. 17. INDEMNITY You agree to indemnify and hold USAClassifiedz.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms Of Service, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The Terms Of Service constitute the entire agreement between you and USAClassifiedz.com and govern your use of the Service, superseding any prior agreements between you and USAClassifiedz.com. The Terms Of Service and the relationship between you and USAClassifiedz.com shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and USAClassifiedz.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jasper, Renssalaer, Indiana. The failure of USAClassifiedz.com to exercise or enforce any right or provision of the Terms Of Service shall not constitute a waiver of such right or provision. If any provision of the Terms Of Service 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 Terms Of Service 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 Terms Of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the Terms Of Service, by flagging the posting(s) for review, or by emailing us. 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. You understand
and agree that, because damages are often difficult to quantify, if it
becomes necessary for USAClassifiedz.com to pursue legal action to enforce the Terms Of Service,
you will be liable to pay USAClassifiedz.com the following amounts as liquidated
damages, which you accept as reasonable estimates of USAClassifiedz.coms' damages
for the specified breaches of the Terms Of Service:
a. If you post
a message that (1) impersonates any person or entity; (2) falsely
states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
USAClassifiedz.com one thousand dollars ($1,000) for each such message. This
provision does not apply to messages that are lawful non-deceptive
parodies of public figures.
b. If USAClassifiedz.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay USAClassifiedz.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access USAClassifiedz.com in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to USAClassifiedz.com email addresses or through USAClassifiedz.com computer systems, you agree to pay USAClassifiedz.com twenty five dollars ($25) for each such email. d. If you post Content in violation of the Terms Of Service, other than as described above, you agree to pay USAClassifiedz.comone hundred dollars ($100) for each Item of Content posted. In its sole discretion, USAClassifiedz.com may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Service in violation of the Terms Of Service, in addition to any liquidated damages under clause (d), you agree to pay USAClassifiedz.com one hundred dollars ($100) for each and every Item of Content posted in violation of the Terms Of Service. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms Of Service) agrees to pay USAClassifiedz.com an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the Terms Of Service. f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Terms Of Service without USAClassifiedz.com's express written permission, you agree to pay USAClassifiedz.com three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay USAClassifiedz.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Terms Of Service, USAClassifiedz.com retains the right to seek the remedy of specific performance of any term contained in the Terms Of Service, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Terms Of Service, or any combination thereof. |
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