Terms of Use Agreement
This Terms of Use Agreement ("Agreement") sets forth the terms and conditions
governing your use of this online service ("Service") at this web site ("Site")
through which our company ("Company") offers the Service. By using the Site, you
agree that the terms and conditions of this Agreement, as it may be amended from
time to time, govern your use of the Site and the Service. If you do not agree
to the terms and conditions of this Agreement, you should immediately cease all
usage of the Service and leave the Site. We reserve the right, at any time, to
modify, alter, replace or otherwise update the terms and conditions of this
Agreement without prior notice. Any such terms and conditions shall become
effective immediately upon being posted at the Site. Your continued use of any
Service after amendments are posted constitutes an acknowledgement and
acceptance of the latest Agreement and its modifications. Except as provided in
this paragraph, this Agreement may not be amended.
1. Description of Service
Through the Service, we are providing you with online classified
advertisements, internet directory listings, article postings and/or blog
postings. You must (1) provide all equipment necessary for your own Internet
connection, including computer and modem, (2) provide for your access to the
Internet, and (3) pay any fees to others required for such connection.
2. Disclaimer of Warranties
We provide the site on an "as is" and "as available" basis. To the fullest
extent permitted by applicable law, we make no representations or warranties of
any kind, express or implied, regarding the use or the results of the Site in
terms of its correctness, accuracy, reliability, or otherwise. Company shall
have no liability for any interruptions in the use of the Site or the Service.
COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of
implied warranties. Therefore, the above exclusion may be inapplicable to you.
3. Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER. IN PARTICULAR COMPANY
SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING
OUT OF OR RELATED TO THE "SERVICE," THE "SITE" OR THE INFORMATION CONTAINED IN
IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE
ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.
4. Indemnification
You agree to indemnify and hold Company, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand, damage,
liability, cost or expense, including reasonable attorney fees and costs, that
we are required to pay any third party due to, or arising out of, your use of
the Site or Service, your breach of this Agreement, including, without
limitation, your infringement of the trademark, copyright, trade secret, patent
rights or rights of publicity or privacy of any other person or entity, or any
such action by another user of the Service using your computer.
5. Registered Member''s Account
When you register to use the Service, you will become a registered member of
the Service ("Registered Member") by using your e-mail address and password. If
you are a Registered Member, you must use that e-mail address and password each
time you log in to the Service. Registered Members are entirely responsible for
any and all activities that occur under their account regardless of whether the
Registered Member authorized such activity. You agree to notify Company of any
unauthorized use of your account, user name or password, or any other breach of
security known to you. Your right to use the Service can be revoked by Company
at any time for any reason or for no reason. Such right is personal to you and
you agree not to resell or make any commercial use of the Service or any part
thereof without the express written consent of Company. By registering for the
Service, you agree to receive periodic emails that will be sent to the email
address you registered with, such as, but not limited to, registration
confirmation, ad placement confirmation, contact email, ad placement
confirmation, reminders and website newsletters.
6. Modifications and Interruption to Service
Company reserves the right to modify or discontinue the Service without
notice to you. Company shall not be liable to you or any third party should
Company exercise its right to modify or discontinue the Service. You acknowledge
and accept that Company does not guarantee continuous, uninterrupted or secure
access to the Site and operation of the Site may be interfered with or adversely
affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
The Site may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we
are not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding such
links or the content located on such sites. Your use of those third-party sites
may be subject to the terms of use and privacy policies of each such site, and
we are not responsible therefore. We encourage you to review the terms of use
and privacy policies of such third-party sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information you may view or access through
the Service have either been provided by third party vendors or collected from
publicly available sources. As a consequence, we make no representations or
warranties as to the accuracy or reliability of any information provided on the
Site.
Company makes no warranties or representations whatsoever with regard to any
product provided or offered by any vendor, and you acknowledge that any reliance
on representations and warranties provided by any vendor shall be at your own
risk.
9. Governing Law; Jurisdiction of the Courts; Attorney Fees
These Terms of Use are governed by the
law in force in the State of Western Australia, Australia.
10. Compliance with Laws
In your use of the Site and the Service, you are responsible for compliance
with all laws applicable thereto. You may not use the Service in any way that
violates applicable local, state, Federal, national or international laws,
regulations or other government requirements. You further agree not to transmit
any material that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state,
Federal, national or international law or regulation.
11. Copyright and Trademark Information
The copyright in certain content included or available on the Site,
including, without limitation, Site design, text, graphics, interfaces, and the
selection and arrangement thereof is owned by the Company or its licensors,
vendors or advertisers, with all rights reserved therein. Any use of materials
taken from the Site, including, without limitation, reproduction for purposes
other than those noted above, modification, distribution, or replication, any
form of data extraction or data mining, or other commercial exploitation of any
kind, without the prior written permission of an authorized officer of Company
is strictly prohibited. You agree that you will not use any robot, spider, or
other automatic device or method, or manual process to monitor or copy the
Site''s web pages or the content contained therein without the prior written
permission of an authorized officer of Company.
Trademarks displayed by vendors on the Site are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation by
Company of those owners, any products or services they advertise or sell, or any
other materials contained on their web sites. In addition, the use of trademarks
or links to the web sites of our vendors is not intended to imply, directly or
indirectly, that those vendors endorse or have any affiliation with Company or
that the Company endorses or vouches for such vendor or any product or service
advertised or offered thereby.
You may not post infringing content on the Site. If you do, we may remove or
disable access to the infringing content. It is Company policy, in appropriate
cases, to cancel the registration of repeat infringers and terminate their
access to the Service.
12. Objectionable Materials
Company does not and cannot review all content available through the Service
or materials posted to the Site by third persons, including Registered Members.
Company is not responsible for any such advertisements or materials. Company
reserves the right at all times to disclose any information as necessary to
satisfy any law, regulation or government request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, that in Company''s
sole discretion are objectionable or in violation of this Agreement. While
Company will endeavor to enforce the terms of this Agreement, we cannot warrant
or represent that Registered Members will in fact adhere to this Agreement and
cannot act as insurers against, or accept any liability for, their failure to do
so.
14. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision)
shall not be affected thereby and shall remain valid and enforceable to the
maximum possible extent. You agree that this Agreement, any other agreements
referenced herein, and any information you provided Company, may be assigned by
Company, in our sole discretion, to a third party in the event of a liquidation,
merger or acquisition involving the Company. This Agreement shall apply in
addition to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a Registered Member. By accepting this
Agreement, you are consenting to the use and disclosure of your personally
identifiable information and the other practices described in our Privacy
Policy. Section headings in this Agreement are for convenience only and shall
not be used in the interpretation of any provision of this Agreement.
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