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to view the websites operated by LinkedAds.com, LLC, which are all
covered under this Terms of Use Agreement.
The following
are terms of a legal agreement ("Agreement") between you
and LinkedAds.com, LLC ("LinkedAds.com"). The terms and
conditions contained herein describes the terms upon which LinkedAds.com
offers you access to the services provided on its web site (the "Site").
This Agreement applies to and governs your use of the Site and such
use is expressly conditioned upon your acceptance of the terms and
conditions set forth herein. Please read these terms and conditions
of use carefully. By registering, accessing, browsing and/or otherwise
using the Site, you acknowledge that you have read and understood
the Agreement and that you agree to be bound by the terms and conditions
contained herein and to comply with all applicable laws and regulations.
If you do not agree to all of these terms and conditions, you may
not register, access, browse and/or otherwise use this Site. BY REGISTERING
TO USE THIS SITE, YOU ARE INDICATING THAT YOU ACCEPT THE TERMS AND
CONDITIONS STATED BELOW. If you have any questions regarding this
Agreement, please contact us at info@linkedads.com.
The Site is controlled
and operated by LinkedAds.com from its offices within the United States.
LinkedAds.com makes no representation that information, data or materials
available on or through this Site are appropriate or available for
use in other locations, and access to them from territories where
their contents are illegal is prohibited. Those who choose to access
the Site from locations outside the United States do so on their own
initiative and are responsible for compliance with applicable local
laws.
I. USE RESTRICTIONS.
A. Eligibility. This Site and any services or products offered on
the Site are not available to minors or any other individuals who
cannot form legally binding contracts under West Virginia law.
B. Abuse of Site.
You may not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site. You may not take
any action that imposes an unreasonable or disproportionately large
load on the Site's infrastructure. You may not disclose or share your
password to any third parties or use your password for any unauthorized
purpose. LinkedAds.com may terminate your membership and any of your
current listings immediately if you breach this Agreement or if LinkedAds.com
is unable to verify or authenticate any information you provide to
us. LinkedAds.com shall incur no liability in connection with such
termination.
C. Intellectual
Property.
1. Copyright.
All Site materials, including, without limitation, text, graphics,
other files, and the selection and arrangement thereof, are copyrighted
materials of LinkedAds.com, and/or its affiliated companies, licensors
and suppliers, © 2001, ALL RIGHTS RESERVED. Permission is granted
to display, copy, distribute, and download the materials on this Site
for personal, noncommercial use only, provided that you do not modify
the materials and that you retain all copyright and other proprietary
notices contained in the materials. You may not, however, distribute,
copy, reproduce, display, republish, download, or transmit any material
on this Site for commercial use without prior written approval of
LinkedAds.com. You may not "mirror" any material contained
on this Site on any other server without prior written permission
from LinkedAds.com. Any unauthorized use of any material contained
on this Site may violate copyright laws, trademark laws, the laws
of privacy and publicity and communications regulations and statutes.
2. Trademarks.
The trademarks, service marks, trade names, and logos (the "Trademarks")
used and displayed on this Site are registered and unregistered Trademarks
of LinkedAds.com, and/or its affiliated companies, licensors and suppliers.
In addition, all page headers, custom graphics, button icons, and
scripts are service marks, trademarks and/or trade dress of LinkedAds.com,
and/or its affiliated companies, licensors and suppliers, and may
not be copied, imitated or used, in whole or in part, without the
prior written permission of LinkedAds.com. You acknowledge that the
Trademarks used and displayed on this Site are and shall remain the
sole property of LinkedAds.com or the Trademark owner. Nothing in
this Agreement shall confer any right of ownership of any of the Trademarks
in you. Further, nothing in this Site shall be construed as granting,
by implication, estoppel or otherwise any license or right to use
any Trademark used or displayed on the Site, without the express written
permission of LinkedAds.com or the Trademark owner. The misuse of
the trademarks displayed on this Site, or any other content on the
Site, is strictly prohibited.
D. Hyperlinks.
If you operate a Web site and wish to link to the Site, you are granted
a limited, nonexclusive right to create a "hypertext" link
to the Site; provided that such link is to the entry page of this
Site and does not portray LinkedAds.com or any of its products or
services in a false, misleading, derogatory, or otherwise defamatory
manner. LinkedAds.com reserves the right to reject or terminate any
links to the Content or the Service for any reason. This limited right
may be revoked at any time for any reason whatsoever. You may not
use framing techniques to enclose any LinkedAds.com trademark, logo
or trade name or other proprietary information including the images
found at the Site, the content of any text or the layout/design of
any page or any form contained on a page without LinkedAds.com's express
written consent. Links to third party sites on this Site are provided
solely as convenience to you. If you use these links, you will leave
this Site. LinkedAds.com has not reviewed all of these third party
sites and does not control and is not responsible for any of these
sites, their content or their policies, including, without limitation,
privacy policies, term of use agreements, or the lack thereof. LinkedAds.com
does not endorse or make any representations about third party sites
or any information, products, services, or materials found there,
or any results that may be obtained from using them. If you decide
to access any of the third party sites linked to this site, you do
so entirely at your own risk. You acknowledge and agree that LinkedAds.com
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by, or in connection
with the use of or reliance on any such third party sites.
E. Limited Access.
Access to this Site is limited to the linked Web pages. Except as
otherwise expressly permitted by LinkedAds.com, any access or attempt
to access other areas of the LinkedAds.com computer system or other
information contained on the system for any purposes is strictly prohibited.
You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor, "mine," or copy the
Web pages on the Site or the content contained therein without LinkedAds.com's
prior, express, and written permission. You will not "spam"
or send unsolicited e-mail to any other user of the Site for any reason.
II. LISTING ON LinkedAds.com.
All listings on the Site shall be composed of text descriptions, graphics,
pictures, and/or other visual descriptions submitted to LinkedAds.com
by a listing party. Listing information may include any information
you provide to LinkedAds.com during the registration, listing, or
purchase and sale process. With respect to your listing information,
you agree that:
A. You are legally
able to sell the item(s) you list for sale on the Site.
B. You are solely
responsible for your listing information, and LinkedAds.com acts only
as a passive conduit for your online distribution and publication
of your listing information. However, LinkedAds.com reserves the right
to take any action with respect to such information it deems necessary
or appropriate in its sole discretion, including, without limitation,
deleting, editing or restricting or suspending access to such information.
C. You hereby
represent and agree that your listing information and the sale of
your listed goods on this site shall not: (1) knowingly infringe any
third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (2) violate
any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
false advertising, or the transportation of hazardous material); (3)
be defamatory, libelous, unlawfully threatening or unlawfully harassing;
(4) contain "adult" content, such as text, descriptions,
graphics, pictures, and/or other files commonly referred to as being
"adult" content, or
D. You shall not
send or transmit any text, descriptions, graphics, pictures, and/or
other files that contain any viruses, trojan horses, worms, time bombs,
uniform cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information.
E. You may not
post on the Site or sell through LinkedAds.com any item that, by paying
to us the transaction fee, could cause us to violate any applicable
law, statute, ordinance or regulation.
F. You hereby
grant LinkedAds.com a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicenseable right to exercise the proprietary rights
that you may have in your listing information, in any media now known
or not currently known, with respect to your listing information,
as necessary to accomplish the purpose of this agreement.
G. You acknowledge
that all real estate advertising on the LinkedAds.com sites is subject
to the Federal Fair Housing Act of 1968 (or other similar law), which
makes it illegal to advertise "any preference, limitation or
discrimination based on race, color, religion, sex, familial status
or national origin, or any intention to make any such preference,
limitation or discrimination". LinkedAds.com will not knowingly
accept advertisements for real estate or other merchandise which is
in violation of the law. Our readers and/or users are hereby informed
that all dwellings and merchandise advertised on our sites are (and
must be) available on an equal opportunity basis.
III. LIMITATION
OF LIABILITY.
A. This site merely
acts as a conduit for persons to conduct sales and for buyers to purchase
a sellers' goods. LinkedAds.com has no control over the quality, safety
or legality of the items advertised, the truth or accuracy of the
listings, the ability of sellers to sell items or the ability of buyers
to buy items. LinkedAds.com cannot and does not control whether or
not sellers will complete the sale of items they offer. LinkedAds.com
cannot and does not control whether or not buyers will complete the
purchase of items they have bid on. BECAUSE LINKEDADS.COM IS NOT INVOLVED
IN THE ACTUAL TRANSACTION BETWEEN BUYER AND SELLERS, AND BECAUSE LINKEDADS.COM
DOES NOT AND CANNOT CONTROL THE ACTION OF OTHERS, IN THE EVENT THAT
YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS OR SELLERS, YOU HEREBY
RELEASE LINKEDADS.COM (AND LINKEDADS.COM'S OFFICERS, DIRECTORS, AGENTS,
SUBSIDIARIES, EMPLOYEES AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES
OF LINKEDADS.COM) FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED
OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH SUCH A CLAIM OR DEMAND. If you are a resident of
any state that restricts the effect of a general release, you hereby
waive any such provision to the fullest extent allowable by law and
agree that this release of liability shall apply to this agreement
to the fullest extent possible.
B. The content
of the Site is provided on an "as is" and "as available"
basis and LinkedAds.com makes no representations or warranties, express
or implied, to any actual or prospective purchaser or owner of any
item as to the existence, ownership, or condition of the item or as
to the accuracy or completeness of any information about the item
contained in the Site. You acknowledge that any reliance upon any
such materials shall be at your sole risk. LinkedAds.com reserves
the right, in its sole discretion, to correct any error or omission
in any portion of the Site.
C. LinkedAds.com
makes no representations or warranties, express or implied, that use
of the Site is safe and cannot guarantee than any file(s) or web page(s)
available for downloading from the Site will be free from viruses,
trojan horses, worms, time bombs, uniform, or other computer programming
routines that are intended to damage, interfere with, surreptitiously
intercept or expropriate any system, data, or personal information
of any user of the Site.
D. YOU EXPRESSLY
AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. NEITHER LINKEDADS.COM,
NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES,
THIRD PARTY PARTNERS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS
OR WARRANTIES OF ANY KIND REGARDING THE SITE, ANY ADVERTISING MATERIAL
OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE. THE SITE
IS PROVIDED ON AN "AS IS" BASIS AND LINKEDADS.COM SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY
OR WARRANTIES AGAINST INFRINGEMENT. LINKEDADS.COM, ITS OFFICERS, DIRECTORS,
AGENTS, SUBSIDIARIES, EMPLOYEES, THIRD PARTY PARTNERS, CONTENT PROVIDERS
OR LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY USE OF
THE SITE, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE
OR INABILITY TO USE THE SITE; ANY ERRORS, OMISSIONS OR DEFECTS IN
THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER
VIRUSES.
IV. USER RELATIONSHIP.
You and LinkedAds.com are and shall remain independent contractors,
and shall not be
deemed to have an employer-employee, joint venturer, partnership,
or franchisor-franchisee relationship for any purpose whatsoever.
Accordingly, you shall be exclusively responsible for the manner in
which you perform your duties under this Agreement and for the profitability
or lack thereof of your activities under this Agreement. All financial
obligations associated with your business are your own responsibility
and you may not represent yourself as having any right or authority
to obligate or bind LinkedAds.com in any manner whatsoever. The payment
of any and all sales or other tax, arising out of a transaction on
this site, shall be the sole responsibility of the users of this site,
and such users shall pay any such applicable taxes.
V. REVISIONS TO
THIS AGREEMENT.
LinkedAds.com may amend this Agreement at any time without notice
by updating this posting. By using the Site, you agree to be bound
by any such revisions and should therefore periodically visit the
Site to determine the then current terms and conditions of use to
which you are bound.
VI. MISCELLANEOUS.
A. Governing Law
and Choice of Forum.
This Agreement shall be governed by, construed, interpreted and the
rights of the parties determined in accordance with the laws of the
State of West Virginia. All claims and disputes relating to or arising
out of this Agreement shall be brought in a federal or state court
situated in the State of West Virginia. Each of the parties agrees
to submit to the jurisdiction of such courts for all purposes of this
Agreement.
B. Entire Agreement.
This Agreement constitutes the entire agreement and understanding
of the parties relating to the subject matter hereof and supersedes
all prior and contemporaneous agreements and understandings, representations
and warranties, whether oral or written, relating to the subject matter
hereof. The terms of this Agreement cannot be changed, modified, released
or discharged orally.
C. Severability.
If a court of competent jurisdiction determines that any clause or
provision of this Agreement is void, illegal, or unenforceable, the
other clauses and provisions of the Agreement shall remain in full
force and effect and the clauses and provisions which are determined
to be void, illegal, or unenforceable shall be limited so that they
shall remain in effect to the extent permissible by law.
D. Headings. The
headings of the sections and subsections contained in this Agreement
are for reference purposes only and shall not in any way affect the
meaning, interpretation, enforceability or validity of this Agreement.
E. Privacy Policy.
As a user of the Site, you shall be bound by our Privacy Policy, which
is incorporated herein by reference.
F. Notices. Except
as explicitly stated otherwise, any notices shall be sent via E-mail
to info@linkedads.com (in
the case of LinkedAds.com) or to the E-mail address you provide to
LinkedAds.com during the registration process (in your case), or such
other address as the party shall specify. Notice shall be deemed given
twenty-four (24) hours after E-mail is sent, unless the sending party
is notified that the E-mail address is invalid. Alternatively, LinkedAds.com
may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to LinkedAds.com during
the registration process. In such case, notice shall be deemed given
three (3) days after the date of mailing.
G. Access to Site.
LinkedAds.com does not guarantee continuous, uninterrupted or secure
access to the Site, and the operation of the Site may be interfered
with by numerous factors outside of our control.