KSL Classifieds Terms of Use

Updated May 5th, 2021

Applicability

These KSL Classifieds Terms of Use (the "Classifieds Terms") supplement the Terms of Use ("General Terms"), Privacy Statement, and DMCA/Copyright Notice (collectively, the "General Terms") posted elsewhere on ksl.com. These Classifieds Terms apply to ksl.com and any related mobile sites and applications (respectively the "Sites"). You should review the General Terms before proceeding.

Acceptance Through Use

By posting or viewing a classified listing on the Sites (a "Listing" or "Listings"), you agree to be bound by all of the terms, conditions, and notices contained or referenced in these Classified Terms. You should review the Classified Terms from time to time. Deseret Digital Media, Inc. ("Operator") may change any of the Classified Terms at any time and for any or no reason by posting revisions to the Sites. Your continued use of the Sites constitutes your acceptance of the revised Classified Terms. If you do not accept all of the Classified Terms, you are not authorized by Operator to post or view any Listings.

Minimum Age

The KSL Classifieds section of the Sites (including General, Cars, Jobs, Homes, and Services) is not directed to, or intended for use by anyone under the age of eighteen (18). Individuals under the age of eighteen (18) are not authorized by Operator to post or view Listings.

Posting Rules

You must comply with the following rules when posting a Listing:

1) Single Account. Any person above the age of eighteen (18) is allowed one (1) KSL Classifieds account. Any Business (defined as any corporation, LLC, dealer, sole-proprietor or other entity that regularly offers goods or services for sale, regardless of whether operating from a commercial location, home or online) is allowed one (1) KSL Classifieds account per unique Business. If an Individual (defined as any person offering items for free, sale, or trade by owner) or unique Business is using multiple accounts, all additional accounts and Listings will be deleted. If your account is permanently banned, you may not create another account on the Sites.

(2) Multiple Listing Accounts.
A Business paying to list multiple Listings on the Sites is bound by the General Terms of the Sites. A paying Business may only list its products from its paid account. Listings placed from multiple accounts to subvert any of these Classifieds Terms will be removed and the accounts banned without warning.

(3) Business Identification. A Business MUST select the appropriate business/dealer option when placing a Listing.

(4) Dealer Identification. Dealers of all types that place Listings on the Sites must include their dealer number in the Listing as required by law. "Dealers" include, but are not limited to automobile dealers, motorcycle dealers, ATV dealers, recreational vehicle dealers, snowmobile dealers, trailer dealers, livestock dealers, realtors, and brokers.

(5) Contact Information. A working phone number and/or email address is required to post a Listing.

(6) Content. You are responsible for the content of your Listing. All Listings must be for goods or services that are permitted under Utah law. All Listings must be in good taste and may not contain any objectionable content (including, but not limited to, direct requests for money, gifts, or other items (without an exchange for a good or service), pranks, profanity, defamation, inappropriate images, inappropriate language, etc.) as determined by Operator in its sole discretion. 

The content in your Listing (including title, description, image, image captions, and any other information included with your Listing) must be concise and limited to the specific goods offered for sale or trade. You may not list any unrelated information and/or keywords (including multiple items, brands, makes, models or locations) in the content of your Listing as a means to generate unwarranted search results or to circumvent any other Posting Rule.

(7) Prohibited Content. Listings that include, or make reference in any way, to any of the following are prohibited on the Sites:

  1. Any goods or services that are not permitted under Utah law
  2. Alcohol and tobacco 
  3. Drug paraphernalia
  4. Massage services 
  5. Adult goods or services
  6. The sale and trade of firearms 
  7. Information of a religious, political, or non-commercial nature

(8) Number of Listings. Except as authorized by Operator in writing on a case-by-case basis, a unique Dealer/Business may post at no charge up to:

  1. two (2) General classified listings at any time
  2. two (2) Recreational Vehicle listings at any time 
  3. two (2) motor vehicle classified listings during a rolling 12-month period 
  4. one (1) real estate classified listing during a rolling 12-month period
  5. two (2) real estate rental listings during a rolling 12-month period

Individual sellers may post at no charge up to:

  1. unlimited General classified listings at any given time 
  2. two (2) Recreational Vehicle listings at any time
  3. two (2) motor vehicle classified listings during a rolling 12-month period
  4. one (1) real estate classified listing during a rolling 12-month period
  5. two (2) real estate rental listings during a rolling 12-month period

(9) Duplicate Listings. Identical listings or listings with substantially similar content, as determined solely by the Operator, are not permitted on the Sites.

(10) Wanted or In Search Of (ISO) Listings. Wanted or ISO listings differ from regular listings in that they are items a buyer is looking for rather than a physical good or service being posted to sell. All Wanted or ISO listings must be posted with a listing type of In Search Of. Any Wanted or ISO listings posted with a For Sale listing type will be changed to the appropriate listing type by the Operator. Repeat violators may have their accounts suspended or permanently banned (among other remedies available to Operator).

(11) Single Listing Per Vertical. Except as authorized by the Operator you may not post the same listing in more than one (1) vertical (i.e. Cars, Homes, Jobs, General, Services) at a time. Contact the Operator for information about multiple listing packages. If no vertical fits the goods you are selling, do not post a Listing.

(12) Single Category & Subcategory Per Listing. Except as authorized by the Operator you may not post the same listing in more than one (1) category and one (1) subcategory concurrently. Contact the Operator for information about multiple Listing packages. If no category and subcategory fits the goods you are selling, do not post a Listing.

(13) Reposting. Except as authorized by the Operator in writing you must wait at least fourteen (14) days before reposting a listing for the same or substantially similar goods. Violators may have their accounts suspended or permanently banned (among other remedies available to Operator). Contact the Operator for information about available boost packages.

(14) Roadblocking. The practice of posting multiple Listings in sequential order to “take over” or monopolize a page (or pages) of search results creates a poor customer experience and is prohibited. Violators may have their accounts suspended or permanently banned (among other remedies available to Operator).

(15) Flagging LIstings. The ability to flag a  listing provides another layer to maintain safety and trust within the Sites. Abusing the Flag function may result in violators having their accounts suspended or permanently banned (among other remedies available to Operator).

(16) Real Property/ Home LIstings. Listings posted in the Homes vertical and/or Other Real Estate category on the Sites are subject to the following additional rules:

  1. Realtor/Broker Identification. Listings posted by or on behalf of realtors or brokers must include the identity of the realtor or broker listing the property (including applicable MLS numbers).
  2. Listing Agent Priority. Duplicate listings are not allowed on the Sites. Any listings not belonging to the listing agent (as determined by the Utah MLS) will be removed.

(17) Employment/Recruitment Listings. Employment Listings are only allowed in the Jobs vertical of the Sites. Operator will remove any and all employment Listings posted outside of the Jobs vertical. Users of the Sites that repeatedly post employment Listings outside of the Jobs vertical will be at risk of being banned from the Sites. Employment Listings posted in the Jobs vertical on the Sites are subject to the following additional rules:

  1. Pricing. The current price for each employment classified Listing is indicated on the Listing placement form. Operator may change the pricing at any time without notice. Listings must be purchased in advance. Contact the Operator for bulk purchase/invoice options.
  2. Content. Employment Listings are limited to a single employment position. You may not include a description of multiple employment opportunities in an employment Listing or update an employment Listing at a later time to advertise a different employment opportunity or multiple employment opportunities. Operator may remove any Listing that Operator deems objectionable or in poor taste without notice.
  3. Payment. Self-serve employment Listings,Self-serve Featured Listings, Self-serve Top Jobs, and Self-serve Boosts must be paid by credit card. Payment will be processed by a third-party credit card payment processing company. Third-party credit card payment processing companies will likely have their own terms and conditions concerning services offered. Those terms and conditions may apply to you. You should review the terms and conditions of all third-party credit card payment processing companies before submitting payment for a Listing.

(18) Service Listings. Listings for services (defined as an intangible commodity or activity) must be posted in the Services vertical of the Sites. All Listings posted in the Services vertical are subject to the following terms and guidelines.

  • Posting Reviews. To review a business of service (“Service Provider”), you, as the reviewer must meet the following requirements:
  1. You must be able to provide evidence of work done by any Service Provider you are reviewing. Examples of this could include a written estimate, invoice, copy of a processed check, etc. from the Service Provider you are reviewing.
  2. You must have a KSL.com account.
  3. A review may be written by any member of the household who witnessed firsthand the work and/or transaction and/or service of a person affiliated with the Service Provider being reviewed.
  4. Only one member of the household may write a review.
  5. You may contact Customer Support for instructions on how to update or remove a review if you wish. Please note, Operator will not edit reviews on your behalf, but will only send reviewers instructions on how to update the review. Operator will  remove a review upon request.
  6. You must be at least 18 years of age.
  7. A Service Provider may not review his/her own business; nor provide a negative review on their direct competition.
  8. A review must be submitted within six (6) months of the date of service provided.
  9. Operator may establish general practices, policies, and limits which may or may not be published, concerning the use of this site and posting of Review Content, including without limitation, the time that reviews and responses will be retained, the maximum number of reviews and ratings that may be sent from an account, and the length of reviews and ratings sent. Operator has no responsibility or liability for the deletion or failure to store any Review Content.
  • Review Responses. Service Providers may respond to a review of their service/business. Responses must be written by the owner or manager of the business or an authorized representative. Service Provider responses may not threaten the reviewer.

  • Review Content. Any content submitted in a review of a Service Provider or a response from a Service Provider must adhere to the following guidelines:
    1. Review Content must relate to the Service Provider in which they are posted to and must contain only information that would be useful to a future customer.
    2. Review Response Content from a Service Provider must focus on the reviewer's experience of service.
    3. Review Content should not give out specifics of the job performed that could potentially allow identification of the reviewer.
    4. Review Content must not infringe, misappropriate or violate any third party’s rights, including but not limited to, violating a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights. Content may also not violate the law or otherwise be inappropriate. Examples include, but are not limited to:
      • Personal information that can be used to identify or contact any person;
      • Promotional content that would promote other websites, businesses, services or products unaffiliated with this website and business;
    5. Review Content shall not be obscene, abusive, discriminatory or illegal.
    6. Review Content should not disclose the personal information of the Service Provider, the location of the Service Provider, if it is not shown on their listing or the rates charged by the owner or manager.
    7. Review Content should be objective and accurate.
    8. Users who post Review Content must have all legal rights to post the content. Examples include your experience with the service provider’s professional service, customer service of employees, etc. Personal opinions, observations, accusations of illegal activity with no proof and slander will not be tolerated.
    9. Review Content may not contain demands trying to force a particular response or action from another person in unlawful, abusive or otherwise inappropriate manner. For example, a reviewer may not post a negative review for the purpose of trying to make a Service Provider return payment or render services for free.
    10. Review Content should not contain non-local or otherwise irrelevant content or otherwise impose an unreasonable or disproportionately large workload on Operator staff or infrastructure or interfere or attempt to interfere with the proper working of the Sites.
    11. Reviewers and Service Providers should not harass, threaten, intimidate, impersonate, or attempt to impersonate any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating.
    12. Except for Service Provider Responses, no reviews will be (i) made by anyone that works for, owns any interest in, or serves on the board of directors of the reviewed entity; (ii) made by anyone related by blood, adoption or marriage to the reviewed Service Provider (if a person) or the owner of the reviewed entity; (iii) made by anyone compensated directly or indirectly for the review.
  • Review Abuse. If a review or response does not conform to the above guidelines, please use the Report Abuse link on the review. Operator will investigate and remove abusive content that, in our sole judgment, are in violation of these guidelines. Operator will also investigate any person who is deemed, in Operator’s sole discretion, to be manipulating or fraudulently using the system.

(19) Free Category. Listings placed in the Free category on the Sites must be for goods that do not require a commitment or obligation of any type. Goods that are provided after sign-up or upon completion of a task are not free and should not be placed in the Free category.

(20) Ad Price/ Auction LIstings. The price field on each Listing must be the total selling price of the item; this means the price a person is expected to pay at the time of purchase (Service Listings in KSL Local do not require a posted price). You may list additional payment information (such as monthly payments allowed, etc.) in the Listing description. We do not allow auction Listings on the Sites; however, we do allow auction announcements within the Announcements category. All auction announcement Listings must have a "buy it now" price in the Listing price field. The "buy it now" price must be what the user is expected to pay for the item instead of bidding for the item at an auction. Listings without a reasonable total selling price will be deleted without notification.

(21) Featured Listings. Featured Listings are bound by the same terms as contained herein. Notwithstanding, Operator may establish general practices, policies, and limits which may or may not be published, concerning the use of Featured Listings.

Intellectual Property

You acknowledge that all content and materials available on the Sites other than Your Content (collectively, the "Content") are owned or controlled by Operator and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. You may only use the Sites and the Content as expressly permitted in these Terms of Use and for no other purpose. You may download, print or view individual pages from the Sites for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including any copyright or trademark notices. Except as authorized by Operator in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content via scrape, feed, api access point, or any other means to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Operator is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without Operator's permission. Operator's policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

Violations

Operator may at its discretion monitor the Sites from time to time. Operator may remove or disable Listings that, in Operator’s sole discretion, violate the Posting Rules identified within these Classifieds Terms or which Operator considers objectionable or in poor taste. Operator may act to prevent anyone who violates these Classified Terms from posting or viewing Listings on the Sites and may block access to the Sites. Operator reserves all other rights and remedies, including monetary damages, available to it under the law for violations herein. Please report all violations using the link provided with each Listing.

No Commercial Solicitation

You may not use the site for any commercial purpose, including but not limited to, sending unsolicited commercial email or making unsolicited commercial phone calls. Dealers/Businesses may not contact Individual sellers to solicit commercial services or products.

No Representations

Operator is not involved in the actual transaction between a seller posting a Listing for goods, services, offers, etc. and the consumer responding to the Listing. Operator does not have control over, and does not guarantee the quality, safety or legality of any of the goods, services, offers, etc. listed in Listings posted on the Sites. Operator does not make any representations or warranties concerning the ability of a seller to sell/promote the goods, services, offers, etc. listed in a Listing. Operator does not make any representations or warranties concerning the ability of a buyer to purchase any goods or services or that a seller and a buyer will actually complete a transaction. Operator has no control and makes no representations concerning the accuracy, reliability, completeness, or timeliness of any Listings. The Sites are provided “AS IS” and “AS AVAILABLE.”

Limitation of Liability

YOU SPECIFICALLY AGREE OPERATOR, NOR ITS OFFICERS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR COMPENSATORY DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), WHETHER OR NOT YOU OR OPERATOR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES WITH RESPECT TO THE SITES, INCLUDING BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES; (C) STATEMENTS OR CONDUCT OF ANY PARTY IN CONNECTION WITH OR THROUGH THE SITES; (D) ANY OTHER MATTER RELATING TO THE SITES; (E) ANY BREACH OF THESE TERMS OF USE BY OPERATOR; OR (F) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY INDIVIDUAL OR BUSINESS RELATED TO THE SITE (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT OPERATOR IS FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE.

Indemnification

You agree to indemnify and hold harmless the Operator, and its successors and assigns, from and against any and all costs, damages, whether such damages are direct or consequential, and expenses and fees, including reasonable attorneys' fees, incurred as a result of any claim, action, proceeding, or demand arising from any content or review posted by you, your use of the Sites or your breach of these terms.

No Promise of Results

Operator does not represent or warrant that posting free or paid Listings will result in a successful response or transaction. You acknowledge that the Sites may not be accessible at all times, including during periods when a Listing is scheduled for display. You use the Sites at your own risk and without recourse to Operator if your Listing does not appear as scheduled, regardless of reason. Operator does not warrant that the Sites will operate error-free or that the Operator’s servers are free from computer viruses or other harmful mechanisms. Operator is not responsible for servicing or replacing any equipment or data from the use of the Sites. The Sites are provided as is, without any warranties of any kind. Operator disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for a particular purpose and non-infringement.

Notice of Risk

Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Sites.

Claims

By using this site you agree:

  1. any claim, cause of action or dispute ("Claim") arising out of or related to these Classified Terms or your use of the Sites is governed by Utah law regardless of your location or any conflict or choice of law principle;
  2. claims must be resolved exclusively by state or federal court in Salt Lake City, Utah (except we may seek injunctive remedy anywhere); and
  3. to submit to the personal jurisdiction of said courts.
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