Acceptance of Terms
You understand that all postings, messages, text, files, images, photos, video, sounds or other materials posted on, transmitted through or linked from the Service are the sole responsibility of the person from whom such content ('Content') originated. Specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that the Company 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 objectionable. You acknowledge that the Company does not pre-screen or approve Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on any Content and that under no circumstances will the Company 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 Service.
Linked Content and Third Party Websites
The Company provides links to and distributes listings through third party websites and resources over which the Company has no control. The Company is not responsible for the availability of such external websites 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 websites or resources. The Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in such websites or resources. Your linking to any other websites is at your own risk.
If you are a copyright owner a copyright owner's agent thereof and believe that user Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ('DMCA') by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
(iv) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's designated copyright agent to receive notifications of claimed infringement is: Online Guru, 6165 Greenwich Drive, Suite 150, San Diego, CA 92122. Only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support or other communications should be directed to the Company's customer service by clicking on the 'Contact Us' link on the website. You acknowledge that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
You agree to not use the Service to: (a) upload, post or otherwise transmit any 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) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit 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); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any 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; (g) interfere with or disrupt the Service or servers or networks connected to the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law; (i) stalk or otherwise harass another; (j) collect or store personal data about other users; or (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual or promote any act of cruelty to animals.
You agree to indemnify and hold the Company and its affiliates, directors, officers, employees, agents, co-branders or other business partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
Modification of Service
The Company 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 the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination of Service
You agree that the Company, in its sole discretion, may terminate use of the Service or use of any other Company service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. The Company 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 the Terms may be effected without prior notice, and you acknowledge and agree that the Company may immediately deactivate or delete your posting(s) and all related information and files in your posting(s) and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service.
Advertisements and Promotions
The Company runs advertisements and promotions on its websites. By creating your classified ad, you agree that the Company has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on any classified ad. Doing so is grounds for immediate termination of service. The manner, mode and extent of advertising by the Company on any classified ad is subject to change. Your correspondence or business dealings with, or participation in promotions of, 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 the Company 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.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE COMPANY 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. THE COMPANY MAKES NO REPRESENTATION OR 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. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY 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 THE COMPANY 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.
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this website is the property of the Company or its software suppliers and protected by United States and international copyright laws.
The Classifieds.org logo and other marks indicated on our website are trademarks of the Company or its affiliates. Other Classifieds.org graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of the Company or its affiliates. The Company's trademarks and trade dress may not be used in connection with any product or service that is not the Company's product or service, in any manner that is likely to cause confusion among users or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its affiliates that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by the Company.
You understand that sending unsolicited email advertisements to the Company email addresses or through the Company computer systems is expressly prohibited by the Terms. Unauthorized use of the Company computer systems is a violation of the Terms and certain federal and state laws and may subject the sender and his or her agents to civil and criminal penalties.
The Terms constitute the entire agreement between you and the Company in connection with your use of this website and the Service except for any additional terms and conditions for which you will be notified or prompted by this website that you are agreeing to before proceeding. Any cause of action you may have against the Company with respect to your use of this website or the Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms to be unenforceable, then such provision shall be enforced to the maximum extent permissible by law so as to effect the intent of the Terms and the remainder of the Terms shall continue in full force and effect. In the event of any termination of the Terms, then the indemnity, disclaimer of warranties, limitations of liability and trademarks paragraphs set forth above and this paragraph shall survive indefinitely. This website is administered by the Company from our offices in San Diego, California, United States of America. As such, the Terms shall be governed by the laws of the State of California without giving effect to its conflict of laws principles, and you agree that all actions or proceedings instituted by you against the Company resulting from, arising out of, relating to or in connection with use of this website, the Service or the Terms shall be tried and litigated exclusively in the State and Federal courts located in San Diego County, California, United States of America. Using this website shall constitute effective execution and delivery of the Terms by you.