Terms of Use for Online Classified and Online Advertising Services;
Privacy Policy and Intellectual Property Use
1. These Terms of Use apply to __________________ (name) .com, as well as any other
affiliated Site s, digital services, or applications on which a link to these Terms of Use
appears (collectively, the Site). As used herein, the Owner refers to ________________
(Name of Owner) .
2. These Terms of Use apply to all visitors (which shall include persons and
representatives of all legal entities, whether such representatives are persons or digital
engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital
content).
3. These Terms of Use may be modified at any time and from time to time; the date of the
most recent revisions will appear on this page, so check back periodically. You agree
that your use of the Site is subject to the Terms of Use then in effect. Continued access
to the Site by you following any modification in the Terms of Use will constitute your
acceptance of the Terms of Use as modified. If you do not agree to be bound by all of
the terms set forth below, do not use this Site .
4. WEBSITE PROVIDED AS-IS, AS-AVAILABLE
A. The materials comprising the Site are provided by the Owner as a service to you
for your noncommercial, personal use on an as-is, as-available basis . You
acknowledge that you are using the Site at your own risk.
B. Owner assumes no responsibility for any errors or omissions in the materials
comprising the Site . The Owner makes no commitment to update the information on the
Site . No advice or information given by the Owner or any other party on the Site shall
create any warranty or liability. Further, Owner is not responsible for any content
transmitted or posted to the Site by a third party. Any such third party content does not
necessarily represent the opinions, beliefs, or positions of the Owner .
C. Owner periodically schedules system downtime for maintenance and other
purposes. Unplanned outages also may occur. Owner shall have no liability for the
resulting unavailability of the Site or for any loss of data or transactions caused by
planned or unplanned system outages, or any outages of webhost providers.
D. Owner makes no, and expressly disclaims any, representations or
warranties, express or implied, regarding the Site , including, without limitation,
any implied warranties of merchantability or fitness for a particular purpose.
Owner makes no, and expressly disclaims any, warranties, express or implied,
regarding the correctness, accuracy, completeness, timeliness, and reliability of
the text, images, graphics, links to other Site s and any other items on the Site or
accessed via the Site , or that the Site will be uninterrupted, error-free or free of
viruses or other harmful components. Under no circumstances shall the Owner ,
its affiliates, or any of their respective partners, officers, directors, employees,
agents or representatives be liable for any damages whatsoever, whether direct,
indirect, special or consequential damages for lost revenues, lost profits, or
otherwise, arising from or in connection with this Site , the materials contained
herein, or the Internet generally. These disclaimers of warranties and limitations of
liability shall apply to the fullest extent permitted by applicable law.
E. The Owner is not responsible for, and does not control, any third party content or
advertisements which are posted on this Site , nor does it take any responsibility for the
goods or services provided by its advertisers.
5. COPYRIGHT
A. All materials contained in the Site , including software, text, videos, photographs,
images, sound files and other materials (collectively, Content ), are protected by
copyright laws, and may not be reproduced, republished, distributed, transmitted, sold,
displayed, broadcast or otherwise exploited in any manner without the express prior
written permission of either the Owner or, in the case of content licensed by the Owner
from third parties, the entity that is credited as the copyright holder of such licensed
content. Unauthorized use of Content may violate copyright, trademark and other laws.
You have no rights in or to the Content and you may not use the Content except as
permitted under these Terms of Use. You may download freely-accessible Content (one
copy per page) from the Site for your personal and non-commercial use only, without
altering or removing any trademark, copyright or other notice from Content. Any third
party materials transmitted or posted to the Site become the copyrighted property of the
Owner , and may be used, reproduced, published, distributed, transmitted, sold,
displayed, broadcast or otherwise exploited by the Owner . If you violate these Terms of
Use, your permission to access the Site terminates and you must immediately destroy
any copies you have made of the Content.
B. Owner does not permit infringement of intellectual property rights on the Site . If
you believe that any Content on the Site infringes your copyright or other intellectual-
property rights, you may notify the Owner by providing the information required by the
Online Copyright Infringement Liability Limitation Act section of the Digital Millennium
Copyright Act, 17 U.S.C. 512 (c)(3), to the Owner at ____________________________
______________________________________________________________________
(Post Office Mailing Address and e-mail address) .
6. IMPERMISSIBLE USES OF THE WEBSITE
A. You agree not to: (a) systematically retrieve data or other Content from the Site
to create or compile, directly or indirectly, a collection, compilation, database, directory
or the like, whether by manual methods, through the use of bots or otherwise; (b) use
any trademarks, trade names or other intellectual property of the Owner or any other
party from the Site as metatags on other Site s, to disparage any party or in any manner
that may damage any goodwill in the intellectual property; and (c) collect usernames
and/or email addresses of other users by electronic or other means for the purpose of
sending unsolicited email or other communications.
B. The following activities on the Site are expressly prohibited: (i) any use of the
Site , which in Owner ’s sole judgment, degrades the reliability, speed, or operation of the
Site or any underlying hardware or software thereof, and (ii) any use of the Site which is
unlawful or in violation of these Terms of Use.
C. Owner , __________________________________ (place any trademarks
here) and all other trademarks, trade names, logos and other intellectual property owned
by the Owner are the property of the Owner and cannot be used without the Owner ’s
express prior written permission.
7. USER CONTENT
A. Owner may provide users an opportunity to transmit or post text, videos,
photographs, images, sound files and/or other content to the Site (collectively, User
Content ) and may provide for the hosting, sharing and/or publishing of such User
Content. Owner does not necessarily endorse, support, sanction, encourage, or agree
with User Content and expressly disclaims any and all liability in connection with any
User Content.
B. You shall not transmit or post any User Content that: (i) is unlawful, threatening,
harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful,
inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent,
invasive of another’s privacy or harmful to minors in any way; (ii) constitutes or
encourages conduct that would constitute a criminal offense, give rise to civil liability, or
otherwise violate and local, state, national, or international law; (iii) is copyrighted,
protected by trade secret, patent, trademark or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you are the owner of such
rights or have permission from their rightful owner to submit or post the material and to
grant Owner all of the license rights granted herein; (iv) refer derisively to the goods or
services of others; (v) includes any disruptive elements that may damage or interfere
with the Site such as computer viruses, bots, worms, bombs, or trojan horses; (vi)
impersonates another person; (vii) includes any person’s full name or personal or
identifying information without that person’s authorization; or (viii) violates the law or
otherwise violates these Terms of Use.
C. In connection with any User Content you submit, affirm, represent, and/or
warrant that: (i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize the Owner to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User Content to enable
inclusion and use of the User Content in the manner contemplated by the Site and these
Terms of Use; (ii) you have the written consent, release, and/or permission of each and
every identifiable individual person in the User Content to use the name or likeness of
each and every such identifiable individual person to enable inclusion and use of the
User Content in the manner contemplated by the Site and these Terms of Use; and (iii) it
complies with these Terms of Use.
D. You understand that all User Content is the sole responsibility of the person who
transmits or posts that User Content. This means that you, and not Owner , are entirely
and solely responsible for all User Content that you transmit or post and for the
consequences of Owner publishing such User Content. Owner does not and cannot
review the User Content transmitted or posted by users and is not responsible for such
content. However, Owner shall have the right, but not the obligation, to refuse, delete,
move, remove, or edit any User Content that violates these Terms of Use or is otherwise
objectionable, as determined by the Owner in Owners sole discretion and without notice.
Any specific complaints regarding User Content must be directed to ________________
(e-mail address) , and any promise by Owner to investigate, delete, remove, or
otherwise edit any User Content shall be non-binding unless expressly provided in
writing by Owner .
E. You agree to indemnify the Owner and its affiliates, and each of their respective
partners, officers, directors, employees, agents and representatives, against, and to hold
each of them harmless from, any and all claims and liabilities (including attorney’s fees)
that may arise from your use of the Site , your transmission or posting of User Content,
your unauthorized use of material obtained from the Site , your breach of these Terms of
Use, your violation of any law, regulation or any right of any other person or entity, and
any unauthorized use of your account or password. Owner reserves the right to assume
the exclusive defense and control of any matter which is subject to indemnification under
this section. In such case, you agree to cooperate with any reasonable requests
assisting our defense of such matter.
F. By transmitting or posting User Content, you grant Owner the perpetual, non-
terminable, worldwide, nonexclusive, royalty-free, and transferable right and license to
use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have
distributed, promote, perform, and prepare derivative works of, all or any potion of such
User Content in any form, in any medium now existing or hereinafter invented for any
purpose, including commercial uses. You waive any moral rights you may have in the
User Content. You also grant each user of the Site a non-exclusive license to access
your User Content through the Site , and to use, reproduce, distribute, prepare derivative
works of, display and perform such User Content as permitted through the functionality
of the Site and under these Terms of Use.
8. USER ACCOUNTS AND PASSWORDS
A. To use certain optional features and functions of the Site , users may be given the
opportunity to create user accounts with passwords. You agree to maintain the
confidentiality of your user account information and password(s) and you agree not to
use your user account(s) or password(s) for any unauthorized purpose. By creating any
user account, you represent, warrant and certify that you are at least thirteen (13) years
of age.
B. You are responsible for actions undertaken by those using your user account(s)
and password(s). Owner , in its sole discretion, may suspend or terminate your user
account(s) for any reason without notice, including but not limited to if you or anyone
using your user account(s) or password(s) violates or attempts to violate these Terms of
Use.
C. Owner may, in appropriate circumstances, terminate your user account(s), if you
are determined to be a repeat infringer. You may be determined to be a repeat infringer
if the Owner determines that you have posted or transmitted infringing User Content
more than once.
9. PRIVACY POLICY
The Owner has established a Privacy Policy (which is set forth below) as modified from
time to time, which explains how information is collected on the Site and used. The Privacy
Policy is part of these Terms of Use and is incorporated herein by reference.
10. PLEASE BE ADVISED THAT OWNER IS NOT A PARTY TO ANY TRANSACTION BETWEEN
BUYER AND SELLER. The Site acts as a venue to allow a member of this Site (each, a
member ) to offer for sale, or rent, in a variety of pricing formats, a specific product or service to
potential buyers. Owner is not involved in the actual transaction between buyers and sellers
even though Owner may from time to time provide tools that enable a member or visitor to the
Site to enter into a transaction directly with the member. As a result, the quality, safety or
legality of the products and services advertised, the truth or accuracy of the products and
services listed (including the content thereof or any product and service review), the ability of
members to buy or rent products and services, the value or fulfillment of any complementary
add-ons or features that may be offered in connection with any product or service advertised in
an effort to attract advertising, such as complementary gift cards or other complementary
products or services or the ability of users to pay for products and services are solely the
responsibility of the users.
11. PERSONAL USE
A. Although Owner does charge a fee to members to advertise their products and
services on the Site , Owner does not charge visitors to access the Site and research
products and Uses. Accordingly, Owner grant members a limited, revocable, non-
exclusive license to access the Site to, as applicable, advertise products and services for
sale and rent or research, view or make legitimate inquiries to members regarding their
interest in particular products and for their personal use, all in accordance with these
Terms. Any other use of the Site is expressly prohibited. Importantly, this license does
not include any right of collection, aggregation, copying, duplication, display or derivative
use of the Site nor any right of use of data mining, robots, spiders or similar data
gathering and extraction tools without Owner’s prior written permission.
12. CHANGES TO SITE
Owner may change, suspend or discontinue any aspect of the Site at any time, including
the availability of any Site features, database, or content. Owner may also impose limits on
certain features or services or restrict your access to parts or all of the Site without notice or
liability.
13. DATA TRANSMITTAL
Each user acknowledges and agrees that, regardless of such user's physical location,
Owner may store and process any data transmitted to the Site from such user at locations both
within and outside of the United States.
14. IDENTITY VERIFICATION
A. User verification on the Internet is difficult and Owner cannot and does not
confirm each user's purported identity. Owner encourages you to communicate directly
with a prospective buyer or user through the tools available on the Site .
B. You agree to (i) keep your password and online ID secure and strictly
confidential, providing it only to authorized users of your account, (ii) instruct each
person to whom you give your online ID and password that he or she is not to disclose it
to any unauthorized person, (iii) notify Owner immediately and select a new online ID
and password if you believe your password may have become known to an
unauthorized person, and (iv) notify Owner immediately if you are contacted by anyone
requesting your online ID and password. When you give someone your online ID and
online password, you are authorizing that person to access and use your account, and
you are responsible for any and all transactions that person performs while using your
account, even those transactions that are fraudulent or that you did not intend or want
performed.
C. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER THE SITE NOR
ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY
UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD THAT OCCURS
BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH
PASSWORD AND OWNER HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT
NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD
COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS.
Further, Owner may suspend or cancel your listing at any time even without receiving
notice from you if Owner suspects that your password is being used in an unauthorized
or fraudulent manner.
D. Owner does not tolerate spam. Therefore, without limiting the foregoing, you are
not licensed to add a Site user without the Owner's express consent.
15. RELEASE
A. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS
OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETOWNEREN USERS
REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND
FOREVER DISCHARGE OWNER AND ANY MEMBER OF THE SITE, EACH OF THEIR
RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER
RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS,
COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES,
OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE
WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE
FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF
THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
SECTION 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."
16. INDEMNITY
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD OWNER AND ANY MEMBER
OF THE SITE (COLLECTIVELY, THE INDEMNIFIED PARTIES ) HARMLESS FROM AND AGAINST
ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE (INCLUDING,
WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), ANY
CONTENT POSTED BY YOU TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE
REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS
REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. OWNER RESERVES THE RIGHT, AT
OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER
OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT
SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
17. DISCLAIMERS
A. All data, software, and documentation in this Web site are provided "as is"
without warranty of any kind, either expressed or implied. This owner of
_______________________ (name of Web site owner), its affiliates, agents and
licensors cannot and do not warrant the accuracy, completeness, non-
infringement, merchantability or fitness of any information contained on this site.
B, The views and opinions of authors published on this site do not
necessarily reflect those of _______________________ (name of business or
owner of web site).
C. Reference to any specific commercial products, processes, or services by
trade name, trademark, manufacturer, or otherwise does not necessarily
constitute or imply its endorsement or recommendation by ___________________
(name of business or owner of web site). Nor shall any information or statements
contained on this server be used for the purposes of advertising, or to imply an
endorsement or recommendation.
D. With respect to any documents available from this server, neither
_______________________ (name of business or owner of web site) nor any of its
employees make any warranty, express or implied, including but not limited to the
warranties of merchantability and fitness for a particular purpose. Further, neither
_______________________ (name of business or owner of web site) nor any of its
employees assume any legal liability or responsibility for the accuracy,
completeness, or usefulness of any information, apparatus, product or process
disclosed; nor do they represent that its use would not infringe privately owned
rights.
E. This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line failure, theft or
destruction or unauthorized access to, alteration of, or use of record, whether for
breach of contract, tortious behavior, negligence, or under any other cause of
action. You specifically acknowledge that __________________________ (name of
Website owner) is not liable for your defamatory, offensive, infringing or illegal
materials or conduct, or that of third parties, and ______________________ (name
of Website owner) reserves the right to remove such materials from the Website of
________________________ (name of Website owner) without liability.
F. The information published on this web site was valid at the time of
publication. __________________________ (Name of owner of website) reserves
the right to make changes and improvements at any time and without notice, and
assumes no liability for damages incurred directly or indirectly as a result of
errors, omissions or discrepancies.
G. The Website of ________________________ (name of Website owner)
contains links to and frames of sites which are not maintained by
____________________________ (name of Website owner). While we try to include
only links to or frames of those sites which are in good taste and safe for our
visitors, we are not responsible for the content of those sites and cannot
guarantee that sites will not change without our knowledge, and inclusion of such
links and frames in the Website of _________________________ (name of Website
owner) does not imply _______________________ (name of Website owner) 's
endorsement of the linked or framed sites or their content.
H. By sending us a message in the e-mail area, you agree to have it along with
your name posted for public viewing both here and in other promotional and
advertising materials of _______________________ (name of Website owner)
without compensation. We will try to post as many of the messages as we can,
although we cannot promise to post every submission. All messages that are
posted here represent the opinions of other users of _____________________
(name of Website owner) and do not represent the ideas or opinions of
________________________ (name of Website owner). You may copy them as
much as you like for personal use, but redistribution in any way requires the
permission of __________________________ (name of Website owner) . In
consideration of this authorization, you agree that any copy of this information
which you make shall retain all copyright and other proprietary notices contained
here in this Website.
I. The search engine and access to this website of _______________________
(name of owner of website) is provided to you at no cost, as is. All efforts will be
used to maintain the site but you should not assume that it is error-free or is
suitable for the particular purpose that you intended when gaining access to the
site. _______________________ (Name of owner of website) is not responsible for
the results of any defects that may be found to exist in the site or any lost profits
or other consequential damages that may result from such defects.
J. ______________________ (Name of owner of website)’s search engine
refers sites and information located worldwide throughout the Internet. Because
______________________ (name of owner of website) has no control over such
sites and information, it makes no guaranties as to those sites and information,
including: (1) the accuracy, currency, content, or quality of the search results, or
(2) whether the search may locate any unintended and objectionable content.
18. ____________________ (Name of Website Owner) respects the intellectual property
interests of other parties. If you believe that your work appears on this Website in a way that
constitutes copyright infringement, you may notify ____________________ (Name of Website
Owner) and provide the following information:
A. An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
B. A copy of the copyrighted work that you claim has been infringed, or a
description of the copyrighted work, including the URL (i.e., web page address)
of the location where the copyrighted work exists;
C. Identification of the URL or other specific location on the site of
_________________________ (Name of Website Owner) where the material
that you claim is infringing is located;
D. 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;
E. A statement by you, made under penalty of perjury, that the information in your
notice is accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf; and
F. Your address, telephone number, and e-mail address.
19. To the fullest extent permitted by law, in no event shall Owner or any of its directors,
employees or agents have any liability whatsoever to any person for any direct or
indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or
in tort, including negligence, or otherwise, arising out of or related to the use by you of all
or part of this web site or the Software.
20. INTELLECTUAL PROPERTY RIGHTS
Owner retains all right, title and interest (including copyrights, trademarks, patents, as
well as any other intellectual property or other right) in all information and content
(including all text, data, graphics and logos) on the this Website.
21. TRADEMARKS
The trademarks, service marks and logos used and displayed on the Site are registered
trademarks and service marks of Owner. You are not granted, expressly or by implication,
estoppels or otherwise, any license or right to use any trademark, service mark or logo used or
displayed on the Site, without the express written permission of Owner.
22. PATENTS
The technology and products, including products that may from time to time be available
on the Site, may be protected by one or more United States patents. International patents and
patents pending may also be applicable in their respective countries.
23. GOVERNING LAW
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of _________________.
24. NOTICES
Except as explicitly stated otherwise, any notices shall be given (in the case of you
contacting Owner ) by email to ____________________ (e-mail address) or by postal mail to
_________________________________________________________ (postal address) .
If Owner needs to send you notice, Owner may send such notice to the email address you
provide to Owner during the registration process. Notice shall be deemed given upon receipt or
24 hours after email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, Owner may give you notice by certified mail, postage prepaid and return receipt
requested, to any address provided to Owner during the registration process. In such case,
notice shall be deemed given three days after the date of mailing.
25. YOUR RECORD OF THESE TERMS
Owner does not separately file the terms entered into by each user of the Site . Please
make a copy of these terms for your records by printing and/or saving a downloaded copy of the
terms on your personal computer.
26. ENTIRE AGREEMENT
This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be
binding upon either party except to the extent incorporated in this Agreement.
27. MEMBER ELIGIBILITY; ACCURACY OF INFORMATION
A. Uses of the Site may only be members who can form legally binding contracts
under applicable law. If you are registering as a business entity, you represent that you
have the authority to bind the entity to this Agreement.
B. Each member further represents and covenants that any information submitted to
the Site during such member's registration with the Site shall be true and correct. User
and Member further agree to provide notice to the Site by submitting a form regarding
any updates to any such contact information previously submitted by member to the
Site . As a condition of listing each member agrees to provide, such proof of identity,
proof of ownership, and proof of right to list properties as Owner may request.
C. Each member further represents and covenants that: (i) it owns and/or has all
necessary rights and authority to offer for rent and to rent the property listed by such
member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying
rental agreement; (iii) that it will accurately describe the subject rental property and will
not fail to disclose a material defect in a rental property; (iv) that it will not wrongfully
deny access to the listed property; and (v) that it will not fail to provide a refund when
due in accordance with the underlying rental agreement. Upon Owner’s request, each
member agrees to promptly provide to Owner such proof of personal identification,
proof that the condition, location, or amenities associated with the property are
accurately described in the listing , proof of ownership of the property listed on the
Site , and/or proof of authority to list the property as Owner may request.
28. CONTENT, LAYOUT AND COPY
A. Owner reserves the right to determine in Owner’s sole discretion the final design,
layout and functionality of the Site, which is subject to change from time to time without
notice.
B. Owner reserve the right, in Owner’s sole discretion, to review and edit copy or
amend the content, layouts, videos, or photographs supplied by any member. All content
and copy edits submitted by members are subject to review and approval by Owner.
C. Notwithstanding Owner’s right to edit and amend the content, copy, videos, and
photographs, Owner does not accept and Owner shall not have any liability for any loss
or damage resulting from the design or positioning of the copy, properties, content,
videos, and/or photographs or any change made to any content, video, photograph or
copy submitted by any member or edited or amended by Owner .
D. If you offer any freebies in connection with your product or service listing, you
agree you will not charge one rate for your product or service with freebies and a
separate, lower rate for your product and service without freebies.
29. PHOTOGRAPHS
A. All printed (paper based) photographs submitted by a member will be discarded
after Owner has scanned the same into Owner’s electronic database. Regretfully,
Owner is unable to return such photographs to you or retain paper copies in Owner’s
files.
B. Owner will use reasonable efforts to reproduce faithfully any video or photograph
submitted, but Owner is not responsible for any loss or damage or harm otherwise
resulting from any defect in this regard.
C. By submitting a video or photograph either electronically through the Site or by
mailing a paper photograph to Owner’s offices, the member represents and warrants
that:
It holds all intellectual property rights with respect to each submitted video or
photograph or has secured from the copyright holder all rights necessary for the
video or photograph to be used in an online advertisement,
That any people in the video or photograph have given permission for their
likeness to be displayed in an online advertisement,
That the video or photograph accurately and fairly represents the subject of the
video or photograph and has not been altered in any manner that would mislead
a viewer of that video or photograph, and
That it will indemnify and hold harmless the Owner’s and any member of the Site
from any cause of action arising from any misrepresentation with respect to any
and all the videos or photographs so submitted.
D. Each member agrees that Owner may reproduce in whole or in part any
videographic or photographic material supplied by such member in the promotion of
either such member's property or the promotion of the Site .
E. It is the member's responsibility to obtain reproduction permission for all
videographic or photographic and other material used in their advertisements. The
member warrants that he is the owner of the copyright in such material or is authorized
by the owner thereof to grant to use the rights therein contained.
30. HYPERTEXT LINKS
Owner reserves the right to refuse hypertext links to, or addresses of, other websites
from members' pages, and to remove links or addresses without notice at Owner’s sole
discretion. Further, Owner reserves the right to charge for hypertext links at any time.
31. FEEDBACK
Any entries in the Feedback section of any member's listing must be genuine comments
from users who have purchased or rented the products or services advertised. The e-mail
address(es) of the buyer(s) whose comments are given must be supplied by a member to
Owner upon Owner’s request.
32. SUBSTITUTION OF PRODUCT OR SERVICE
Each advertisement may only relate to a specific product or service. The product or
service in an advertisement may not be substituted by another product or service. If a member
submits changes to an existing listing that, if approved, would substantially alter the listing to
make it that of another product or service, then Owner has the right to terminate the listing and
may choose, in Owner’s sole discretion, and to retain any fees associated with the term of the
previously existing listing as compensation for the violation of this condition.
33. ADVERTISING MORE THAN ONE PRODUCT OR USE ON ONE ADVERTISEMENT
Each advertisement on the Site displays an individual and uniquely identified product or
service available. The listing specifically cannot be a mere example of products or services.
Only one product or service can appear on each advertisement. Owner reserves the right to
amend the copy or remove any advertisement when more than one product or service is
described in such advertisement, and may choose, in Owner’s sole discretion to retain any fees
associated with the initial term of such non-conforming listing as compensation for the violation
of this condition.
34. UNAUTHORIZED PAYMENT METHODS
A. No member may request any buyer to mail cash, or utilize any instant-cash wire
transfer service such as Western Union or MoneyGram in payment for all or part of a product or
service transaction. Any violation of this term or any other unacceptable payment methods that
may be posted on the Site from time to time may result in the immediate removal of the non-
conforming listing from the Site without notice to member and without refund.
35. CANCELING AND DISABLING OF LISTINGS
A. Annual Subscriptions. All listings are sold to run the full term that is chosen by
the member. Annual subscriptions (one year and two year) can be cancelled at any time.
Cancelling a listing will not disable the listing. Upon cancellation, a listing will continue to
run through the end of the term in which it was cancelled. When a listing is disabled it is
no longer visible on the Site. No refunds or extensions of time are available for disabled
listings. Please take this into account prior to adding additional yearly listings or upon
renewal of your yearly listing. If you have any questions about disabling or canceling
your listing, please contact Owner and include your product number.
B. Monthly Subscriptions. All listings are sold to run the full term that is chosen by
the member. Monthly subscriptions can be cancelled at any time. Cancelling a listing will
not disable the listing. Upon cancellation, a listing will continue to run through the end of
the term in which it was cancelled. When a listing is disabled it is no longer visible on the
Site. No refunds or extensions of time are available for disabled or cancelled monthly
listings.
C. Owner reserve the right to refuse in Owner’s sole discretion any advertisement
submitted to Owner either through Owner ’ s online submission process or sent to
Owner’s offices for Owner to load or post onto the Site. Owner may refuse to publish the
advertisement for any reason, and each current or prospective member expressly
agrees to release and hold Owner harmless from any loss or liability that may arise from
such a decision.
D. If, in Owner’s sole discretion, any member submits unsuitable material to the Site
or into Owner’s database, persistently misuses the Site or the online systems, or is in
material breach of these Terms, Owner reserves the right to remove immediately such
member's property from the Site without refund.
E. If Owner becomes aware of or receives a complaint from any person or entity
regarding a member's listing or practices that, in Owner’s sole discretion, warrants the
immediate removal of such member's allegedly offensive listing from the Site (for
example, and without limitation, if a member double-sells a product for multiple buyers,
or engages in any practice that, in Owner’s sole discretion, would be considered unfair
within the classified advertising industry, or if Owner receives a complaint that any
listing's content infringes on the rights of a third party), then Owner may immediately
remove the allegedly offensive listing from the Site without notice to the member and
without refund while Owner investigates the basis for the complaint. If Owner concludes,
in Owner’s sole discretion, that any such complaint is meritorious, then Owner may
permanently remove the offensive listing from the Site without notice to the member and
without refund.
F. If any member is in breach of these Terms or its obligations then Owner may
immediately remove such member's listing from the Site without notice to the member
and without refund.
36. TRANSFER OF LISTING
No listing may be transferred to another party until the completion of the advertising
contract or Owner may, at Owner’s discretion, charge a reasonable transfer fee.
37. PAYMENT TO OWNER
A. General. Payment for monthly subscriptions must be made in U.S. Dollars paid
either by major credit card or debit card. Payment for annual subscriptions must be
made in U.S. Dollars paid either by major credit or debit card, or a check drawn on a
U.S. bank. Owner does not store your credit card information on Owner’s servers, and
Owner does not keep credit card numbers on any server in any file or database, rather,
Owner will recall your credit card information from Owner’s payment provider when and
if needed for any auto-renewal of your subscription.
B. Automatic Renewal. As of _________________ (date) , for any subscription
paid for via credit card, such subscription shall automatically renew at the expiration of
the then-current term for an additional term of the same duration as the initial term and
at the then-current non-promotional subscription rate. This automatic renewal feature
allows your service to remain uninterrupted at the expiration of your then-current term. If
you do not wish for your subscription to be automatically renewed, you must manually
cancel your subscription. Upon any such manual cancellation, your subscription will
remain active through the expiration of your then-current subscription term; however
your subscription will not be automatically renewed upon the expiration of your then-
current term. If your subscription is cancelled at the end of your then-current subscription
term for any reason and you thereafter desire to renew your subscription, you will be
required to pay the then-current non-promotional subscription rate to activate a new
subscription. If you do not cancel your subscription or if you continue to use Owner’s
subscription service, you re-affirm and authorize Owner to charge your credit card at the
end of each subscription term for an additional term of the same duration as the initial
term and at the then-current non-promotional subscription rate. You agree to be
responsible for any such charges, and Owner reserves the right to obtain payment
directly from you if necessary. You must cancel your subscription before it renews in
order to avoid billing of subscription fees for the renewal term to your credit card.
38. SEVERABILITY
The invalidity of any portion of this Agreement will not and shall not be deemed to affect
the validity of any other provision. If any provision of this Agreement is held to be invalid, the
parties agree that the remaining provisions shall be deemed to be in full force and effect as if
they had been executed by both parties subsequent to the expungement of the invalid provision.
39. NO WAIVER
The failure of either party to this Agreement to insist upon the performance of any of the
terms and conditions of this Agreement, or the waiver of any breach of any of the terms and
conditions of this Agreement, shall not be construed as subsequently waiving any such terms
and conditions, but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
40. MANDATORY ARBITRATION
Any dispute under this Agreement shall be required to be resolved by binding arbitration
of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall
arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration
Association then in force and effect.
41. ENTIRE AGREEMENT
This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be
binding upon either party except to the extent incorporated in this Agreement.
42. In this Agreement, any reference to a party includes that party's heirs, executors,
administrators, successors and assigns, singular includes plural and masculine includes
feminine.
Privacy Policy
This Privacy Policy discloses the privacy practices for ____________________ (Name
of Site) . com (the Site ). This Privacy Policy governs the use and collection of information
collected from you on the Site. This Privacy Policy does not apply to information you may
provide to Owner offline or through any means other than the Site, other than as specifically
identified below. As used herein, we, us and our refers to ______________________ (Name of
Owner) .
Please read this Privacy Policy carefully so that you understand our online privacy
practices. In addition, please review our Terms of Service , which also govern your use of this
Site and which incorporate this Privacy Policy by reference. Your use of this Site indicates to us
that you have read and accept our privacy practices, as outlined in this Privacy Policy.
1. What Information Is Collected?
A. Personally Identifying Information. To take advantage of certain optional
features or functions of the Website, we may ask you to provide us with certain
personally identifying information. Personally identifying information is information that
could reasonably be used to identify you personally (such as your full name, address, or
email address), and which we may refer to here as PII. For example, you may be asked
to supply your name and email address if you complete the optional registration process
for the Site, if you purchase a classified ad using our online ad placement service. You
can choose not to provide such information, but then you may not be able to take
advantage of or participate in some features of the Site. We do not automatically collect
any PII from visitors to the Site. After creating a profile, if you wish to change any of your
profile information, you may do so by clicking the “Your Profile” link on the Site and then
clicking the appropriate link under “Manage Your Personal Profile.” We may also
combine information you have otherwise provided to us with PII you submit on the Site.
B. Children Under the Age of 13. We do not knowingly collect or solicit personally
identifying information from or about children under the age of 13. By submitting any
personally identifying information, you certify that you are at least 13 years of age. If we
discover that we have received any information from or about a child under 13 in
violation of this statement, we will delete that information. If you believe that we have
collected personally identifying information from or about a child under the age of 13,
please contact us at the address provided in the “QUESTIONS” section below.
C. Non-Personally Identifying Information
1. Cookies. Like many website operators, we sometimes make use of
browser “cookies.” A “cookie” is a small piece of information that we use to
assign each visitor’s computer a unique, random numerical identification code
that resides in a designated file on your computer. Our cookies do not
automatically collect personally identifying information. We may use information
collected from cookies to recognize your browser when you visit the Site , to
facilitate easy login, to attempt to personalize the Site for each user, to ensure
that your browser does or does not see the same ad over and over again, to
sequence ads and offers in a series and to track page usage and paths, to help
serve advertisements, or to facilitate your ability to navigate the Site . We may link
the cookie to PII you submit or other information we collect. Separately, third
party companies that serve advertisements on the Site may use cookies and
other tracking information, as further detailed below, to collect information about
your visits to this Site and other websites.
2. Log Files . Like most websites, we use tracking programs that collect
information about log files, including browser types, internet service providers
(ISPs), referring/exit pages, platform types, date/time stamps, number of clicks,
and Internet protocol (IP) addresses,. An IP address is a number that is
automatically assigned to your computer whenever you access the Internet,
which web servers use to identify where to send the information your computer
requests. We may use IP addresses for a number of purposes, such as system
administration, to report aggregate information to our business partners, or to
audit the use of the Site . We may disclose such non-personally identifying
information, such as aggregated statistics, to third parties for a variety or
purposes, including describing our services, marketing, and improving the
experiences of visitors to the Site . The information that we collect regarding log
files is not linked to personally identifying information.
3. Web Beacons/Web Bugs (Clear GIFs/ Single-Pixel GIFs) . A web
beacon allows the party that set the web beacon to monitor and collect certain
limited information about the movements of online Web users. No personally
identifying information is collected through web beacons or web bugs.
Advertisers on the Site may elect to use third party advertising companies to
serve ads on the Site , and they may use such web beacons to recognize your
computer each time they send you an advertisement, in order to measure the
effectiveness of their ads and to personalize advertising content. In this way, they
may compile information about where individuals using your computer or browser
saw their advertisements and determine which advertisements are clicked.
Advertisers may also place a web beacon to allow them to recognize an existing
cookie on your browser if from the same service. We do not control web beacons
used by such third parties.
2. How is the Information Collected Used, and How Can I Opt Out?
A. Personally Identifying Information. PII that you voluntarily submit may be used
for the purposes authorized when it was submitted. For example, if you submit PII to
request services or content, the information that you submit may be used to fulfill your
request. We, our advertisers, or third parties selected by us may send you special offers
and information, including by email, if you have not opted out of receiving such
information and offers. If you do not wish to receive such special offers and information
sent by email, you may follow the instructions for unsubscribing included within any of
such special offers or informational emails.
B. Administrative Purposes . We may use PII you submit to contact you for
internal administrative purposes such as site administration, troubleshooting, or
processing of e-commerce transactions, or relating to your use of the Site or Content
you post on the Site , or in our discretion to notify you of major changes to the Site or this
Privacy Policy.
C. Service Providers and Third Parties . Personally identifying information may be
shared with third parties as disclosed in this Privacy Policy or at the time you provide
your information. Third parties that provide support for the operation of the Site or
features thereof may also have access to such information. We may also share
personally identifying information we have about our users with third parties so that the
third parties can send you information and special offers, unless you choose to opt out
from such sharing by clicking on the unsubscribe link included in such emails. We may
also share your PII with third parties to accomplish the purposes for which it was
submitted. In all cases, we will use the information only as permitted by law.
3. Facilitating Use of the Site and Customizing Content. We may use information
collected from cookies and other tracking technology to recognize your browser when you visit
the Site and to attempt to personalize the Site for each user, to sequence ads and offers in a
series and to track page usage and paths. You can configure your browser to refuse all cookies
or to indicate when a cookie is being set by choosing this option in the preferences or menu
options in your browser. However, if you disable cookies, you may not be able to use certain
optional features or functions of the Site.
4. Third Party Advertisements . We also use third party companies to serve
advertisements on the Site . These companies may use cookies and other tracking information
to collect information about your visits to this Site and other websites, so that they can measure
the effectiveness of ads, and to track page usage and paths followed during visits. These
companies may provide this data to us.
5. Statistical Analysis . We may use collected information to create aggregate statistics
about activity on and visitors to the Site , including the number of return visits to the Site or our
advertisers’ websites, the number of unique visitors that have viewed or “clicked” a particular ad
or visited a particular web page and how much time is spent on each page of the Site . We may
also create aggregate demographic statistics. We may use these aggregate statistics to
measure interest in various areas of the Site , to better design the Site and to improve our
marketing strategy and product offerings. We may share the aggregate statistical information
with third parties.
6. Disclosures Required by Law.
As described above, certain uses of collected information may involve disclosure to third
parties. In addition, we may disclose collected information in the good faith belief that we are
required to do so by law, or when doing so is reasonably necessary to: (1) comply with the law
or legal process; (2) respond to any claims; (3) protect and defend the rights, property or
personal safety of Owner and its affiliates, as well as our customers, users or the public; or (4)
protect against misuse or unauthorized use of the Site . In addition, collected information may be
disclosed as part of any bankruptcy, merger, sale, transfer of company assets or acquisition.
7. Is My Information Protected?
We use reasonable administrative, technical, personnel and physical measures to
safeguard personally identifying information against loss, theft and unauthorized use, disclosure
or modification. As effective as our security measures are, no security system is impenetrable.
Moreover, we cannot guarantee that information that you supply will not be intercepted while
being transmitted to us. Personally identifying information may also be stored on computers of
third parties that provide technical support for the operation of the Site or who otherwise have
access to your PII as disclosed in this Privacy Policy. We do not control the security measures
used by such third parties.
8. Changes to this Privacy Policy
This Privacy Policy may be amended or modified from time to time. We encourage you
to periodically review this Privacy Policy to learn about any changes in our Privacy Policy.
9. California Residents
Users of the Site who are California residents and who have provided PII to us may
request certain information regarding our disclosure of personal information to third parties for
their direct marketing purposes. To make such a request, please send an e-mail to
______________________________ (e-mail address) with “Request for California Privacy
Information” in the subject line and in the message.
10. Questions
If you have any more questions, please email us at to __________________________
(e-mail address) or write to _____________________________________________________
(mailing address) .
