ELIGIBILITY FOR USE
This Site is intended for use only by individuals who are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, this Site is not intended for use by minors (those under 18 years of age), or federal, state or local government agencies or organizations or individuals acting on behalf of an individual, organization or agency without the consent of that individual or agency. If you do not qualify with the requirements of this paragraph, you are NOT authorized to use this Site. If you are a minor and use this site without our authorization the terms “you” and “your” shall mean and include your parent and/or guardian acting on your behalf. We may refuse to offer our Service to anyone and may change our criteria for membership, at any time, in our sole discretion.
COPYRIGHT AND PROPRIETARY RIGHTS
YOUR USE OF THIS SITE
Any and all e-mails, listings and other Content that you submit, post to or transmit on or through this Site, in whole or in part becomes our sole property and is transmitted at your sole risk. You understand that the technical processing and transmission of this Site, including your Content, may involve (a) transmissions over various networks (including the Internet); and (b) changes to conform and adapt your Content to technical requirements of connecting networks or devices.
You are solely responsible for any postings you make to the Site. You hereby acknowledge and agree that we have no obligation to monitor any Content or third-party links, and expressly disclaim any responsibility to filter any such Content. However, we reserve the right to take any action with respect to information posted on the Site that we deem inappropriate in our sole discretion, including but not limited to the immediate removal of offensive or harmful content, or suspension or termination of your right of use to use the Site. You shall not post information on the Site that is:
• infringing of any third party’s rights, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
• transmitted anonymously or labeled under a false name;
• in violation of any applicable law, statute, rule or regulation;
• obscene, indecent or pornographic;
• defamatory, trade libelous, threatening or harassing; or
• an unsolicited or unauthorized advertisement, promotion, or other form of solicitation.
You acknowledge and agree that “spamming” (the sending of large scale, mass e-mails or other postings) through this Site is strictly prohibited. Any “spamming”, or attempts to “spam”, will constitute an abuse/attack of this Site and reason for legal action against you. Therefore, you may not send e-mails in any type of mass marketing attempt, including, but not limited to, the sending of e-mails to: (i) any type of listserv, automated mailing mechanism or third-party e-mail list, such as a specialty group mailing list; or (ii) any individual or group of people with whom you are not personally acquainted. In addition, you may not send e-mails through this Site to any individuals who have indicated in any manner that they do not wish to receive such e-mails.
You will be solely responsible for the content of all e-mails that you send through this Site. Such responsibilities include, but are not limited to, ensuring the accuracy and propriety of the contents of your e-mails, ensuring that the contents of your e-mails do not violate or infringe upon the intellectual property rights or other rights of any third party, and ensuring that your e-mails do not contain or link to any of the following types of content:
• content that violates any law, statute, ordinance, or regulation or that is otherwise unlawful
• content promoting illegal activity, racism, hate, mail fraud, pyramid schemes, or investment opportunities or advice not permitted under law
• content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• content that is libelous, defamatory, or contrary to public policy
• content that constitutes harassment
• nudity, sex, pornography or adult-oriented content
• content that contains expletives or inappropriate language
• content promoting the use of illegal substances
If you use a non-personal e-mail account, such as an employer or educational institution account, to send any e-mail through this Site, you will be solely responsible for obtaining consent to use such account in connection with this Site.
Any opinions, advice, statements, representations, warranties and other information contained in any e-mails, listings or other Content that you post or send on or through this Site are the sole responsibility of the author.
You hereby agree not to tamper in any way with the software or functionality of the Site. Without limiting the foregoing, you agree not to put any computer programs, information or data into the Site which contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information. You are responsible for implementing sufficient firewalls, protections, procedures and checkpoints to satisfy your particular requirements for the protection of your systems and/or accuracy of data input and output, and for maintaining a means external to ours for the reconstruction of lost data. You agree not to disclose any other user’s Content including, without limitation, all information provided during any applicable Site transaction process. You agree not to invade another user’s privacy, including, but not limited to, the breach or attempted breach of the security of another’s computer, software or data. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.
We may elect to electronically view, monitor, and record activity on this Site without notice or permission from you. You acknowledge and agree that we may preserve your Content and may also disclose any of your Content, records, or electronic communications of any kind: (i) if we believe in good faith that the law or legal process requires it: (ii) if such disclosure is necessary or appropriate to operate this Site; (iii) to respond to claims that such Content violates the rights of third parties; or (iv) to protect our rights, property, or personal safety, or the rights, property, or personal safety of our users, Business Partners or the public. However, we are not responsible for screening, policing, editing or monitoring of this Site. If notified of an allegation that this Site contains infringing, defamatory, damaging, illegal or offensive Content or communications, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content or communications from this Site.
THIS SITE AND ALL CONTENT THAT WE OR OUR BUSINESS PARTNERS MAKE AVAILABLE ON OR THROUGH THIS SITE (“OUR CONTENT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE OR SUITABILITY OF THIS SITE OR ANY OF OUR CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND YOUR RELIANCE UPON ANY OF OUR CONTENT IS AT YOUR SOLE RISK.
WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, INTEGRITY, LEGALITY OR SAFETY OF ANY CONTENT SUBMITTED BY USERS OF THIS SITE OR ANY OF THE ITEMS OR SERVICES DESCRIBED THEREIN. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY USER CONTENT (INCLUDING DEAL TERMS) AND ANY ITEMS OR SERVICES DESCRIBED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF, AND YOUR RELIANCE UPON, THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, INTEGRITY, LEGALITY OR SAFETY OF THE CONTENT OR SUCH ITEMS OR SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE CHARACTER OR CREDENTIALS OF ANY USER OF THE Site or the SERVICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LIMITATIONS OF LIABILITY: IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY OF OUR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE IN ANY WAY FOR ANY CONTENT OR YOUR USE OF ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH THIS SITE, ANY CONTENT, OR ANY ITEMS OR SERVICES DESCRIBED ON OR PROVIDED THROUGH THIS SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE WE HAVE NO CONTROL OVER THE TRUTH OR ACCURACY OF POSTINGS YOU MAY RECEIVE FROM OTHER USERS OF THE SITE, OR CONTROL WHETHER ANOTHER USER FULFILLS HIS/HER PART OF ANY TRANSACTION, YOU HEREBY RELEASE AND AGREE TO HOLD US AND OUR OFFICERS, DIRECTORS, SUBCONTRACTORS (INCLUDING WITHOUT LIMITATION TECHNOLOGY PROVIDERS), AGENTS, AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICE OR ANY TRANSACTION (WHETHER OR NOT CONSUMMATED) OR DISPUTE ARISING OUT OF SUCH USE OR TRANSACTION. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
YOU HEREBY RELEASE AND DISCHARGE US AND OUR BUSINESS PARTNERS, AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ALL CLAIMS, DEMANDS AND DAMAGES (INCLUDING ACTUAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT AND SPECIAL DAMAGES), OF EVERY KIND AND CHARACTER, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATING TO THE ACCURACY OR QUALITY OF ANY LISTING OR OTHER CONTENT, THE ACCURACY OR QUALITY OF THE SUBJECT OF ANY SUCCESSFUL DEAL, OR THE FAILURE OF ANY USER TO COMPLY WITH THE TERMS OF ANY TRANSACTION BETWEEN YOU AND SUCH USER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “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.”
Many areas of this Site may contain links to other Web sites. Please note that when you click on any of these links, you are entering another Web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any information contained therein. We encourage you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this Site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, trojan horses and other destructive items.
We, in our sole discretion, may post advertisements or other materials of third parties on this Site. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisements on this Site. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Site.
EVENTS BEYOND OUR CONTROL
We shall not be deemed in default hereunder, nor shall you hold us responsible for, any cessation, interruption or delay in the performance of our obligations hereunder due to causes beyond our reasonable control including, but not limited to, earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of our business, including internet access, or any change in, or the adoption of, any law, ordinance, rule, regulation, order, judgment or decree.
CHOICE OF LAW; ARBITRATION