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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.
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