1. Description of Service
Through the Service, we are providing you with online classified advertisements, internet directory listings, article postings and/or blog and forum 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.
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”) and will select a user name and password. If you are a Registered Member, you must use that user name 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 is 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.
For our classified and related forums, we may currently display the following information on our forum pages (if applicable):
– Listing title
– Listing number
– When the listing began
– Registered Member’s username
– When Registered Member joined website
– Registered Member’s listing location as it relates to the listing (city, state, zip code, country)
– Registered Member’s phone number as it relates to the listing
– Price of listing item or service
– Website link related to listing
– Types of payment Registered Member accepts
– Number of views listing has had
– Listing description
– Listing video(s)
– Listing photo(s)
The above information is subject to change. Currently, only the listing title, listing description, country and state are required fields. Registered Member has the option of filling in only the required fields and is solely responsible for which fields are filled in and displayed. Registered Member has the option of following this guide or choosing to not use the service.
Communications sent between users, members, buyers, sellers and other individuals using our email or communication services may be reviewed by us. We review communications sent through our system for fraudulent or malicious intent.
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
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
The Site and the Service are operated and provided in the State of Maine in the United States of America. As such, this Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Maine without reference to any conflict or choice of law rules that would defeat the application of Maine law. We make no representation that the Site or the Service is appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site, you agree to do so subject to the internal laws of the State of Maine. Any cause of action you may have with respect to your use of the Site or the Service must be commenced within one (1) year after the claim or cause of action arises. All actions or suits concerning any dispute arising under this Agreement shall be determined in the first instance by the courts of the State of Maine. You irrevocably submit to the jurisdiction of such courts. The party against whom the court rules in any such litigation shall pay all reasonable attorney fees, disbursements and court costs of the other party as may be fixed by the judge.
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.
By using the Site, you agree not to improperly use another party’s intellectual property. If anything you post on the Site is alleged to be an infringement of another party’s intellectual property rights, your advertisement will be removed from the Site and you will be directed to settle the difference with the intellectual property owner. You will not be refunded any fees should it become necessary to remove your advertisement. You further agree to indemnify and hold the Company harmless for any possible liability that may arise from your improper or infringing use of another party’s intellectual property. The indemnification shall extend to, and not be limited to, the cost of any and all legal fees incurred by the Company to defend against or respond to any allegation of improper or infringing use of the intellectual property rights of another.
12. Copyright Infringement
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.
13. 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