(Last revised July 28, 2022)
2. No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone younger than 17). Children should not use the Site or submit any information to Operator. We do not knowingly collect personal information from anyone younger than 17. If you are younger than 17, do not use or provide any information on this Site or through any of its features, register on the Site, make any offers or purchases through the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child younger than 17 without verification of parental consent, we will delete that information. If you believe we might have any information from anyone younger than 17, please contact us here.
4. User Submitted Content. This Site may contain message boards, chat rooms, personal profiles, forums, bulletin boards, classified ads that include functionalities to send messages authored by you and to receive messages authored by other users, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post” or “posted”) content or materials (collectively, “User Content”) on or through the Site.
You understand and acknowledge that you are responsible for Your Content that you post or and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
5. Linking to the Site and Social Media Features.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or claim you are our agent or representative, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior express written consent.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send e-mails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Except as authorized by Operator’s prior written notice determined on a case -by -case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, republish, download, store, adapt, edit or create derivative works from any of the material on or accessible through our Site except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Engage in the systematic retrieval of any of the materials on or accessible through our Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without the prior written permission of Operator., all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without Operator’s prior written permission. Operator’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.
8. Trademarks. The Company name, and terms using KSL, including KSL Confidence, Classifieds, Cars, Homes, Jobs and Services, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
9. Accessing the Site and Account Security. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
11. Monitoring and Enforcement; Termination: We have the right to:
- Remove or refuse to post any User Contributions, including Your Content, for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party, including but not limited to law enforcement officials, that claim that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND OTHER USERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
12. Content Standards
These content standards apply to any and all User Contributions, including Your Content, and use of Interactive Services. User Contributions, including Your Content must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions, including Your Content, must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
13. Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please review the Notice and Take Down materials for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by other users, bloggers, parties buying and selling goods and services, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
14. Changes to the Site. We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
17. This Site Does Not Provide Medical Advice. Any content on this Site, such as text, graphics, images, information obtained from, or contained on this Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site! The owner and operator of this site do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by the Operator, including their employees, contractors or others appearing on the Site at the invitation of the Operator, or other visitors to the Site is solely at your own risk. If you think you may have a medical emergency, call your doctor or 911 immediately.
18. This Site Does Not Provide Legal Advice. Any content on this Site such as text, graphics, images, information obtained from, or contained on this Site is for informational purposes only and is not legal advice. Information contained on this Site is not intended to create, and receipt of any information does not constitute, a lawyer-client relationship. You should NOT rely upon any legal information or opinions provided herein. You should not act upon this information without seeking professional legal counsel. Operator expressly disclaims all liability in respect to actions taken or not taken based on the content of this website. You are solely responsible for any legal decisions or actions you take or omissions you commit. Operator is not and shall not have any liability for your legal decisions based upon, or the results obtained from, the content on the Site.
19. This Site Does Not Provide Financial or Investment Advice. Any content on this Site such as text, graphics, images, information obtained from, or contained on this Site should not be interpreted as financial or investment advice. Information contained on this Site is not intended, nor should it be interpreted, as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein. You should consult with your investment advisor or conduct your own research before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Operator is not and shall not have any liability for your financial/investment decisions based upon, or the results obtained from, the content on the Site
a. Minimum Age. The KSL Marketplace section of the Sites (including Classifieds, Cars, Jobs, Homes, Services and all associated mobile apps) 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.
b. Listing Information. The KSL Marketplace includes listings and information services that brings together buyers and sellers. The information on any listing provided through these services and on the Site is supplied by the seller or other third parties. Operator is not responsible for the accuracy of such information. Operator provides these services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. Operator is not a party to any transaction between buyers and sellers that occurs through the Site or that originates from information found on the Site. Prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.
c. Information about a particular listing is supplied by the seller, not by Operator, and the buyer is solely responsible for reading the full listing before making a commitment to buy. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. Operator is not responsible for incorrect information given by buyers or sellers, including (i) information regarding items, including but not limited to condition, history, or photos, and (ii) information about the identity, reliability or suitability of a buyer or seller. When using this Site, please use common sense and good judgment. When dealing with prospective purchasers/sellers, we urge you to take the same precautions you would take if you were purchasing/selling an item through a classified ad in the newspaper or any other private sales transaction.
d. 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.
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.
a. Any goods or services that are not permitted under Utah law
b. Alcohol and tobacco
c. Drug paraphernalia
d. Massage services
e. Adult goods or services
f. The sale and trade of firearms
g. 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:
a. two (2) classified listings at any time
b. two (2) Recreational Vehicle listings at any time
c. two (2) motor vehicle classified listings during a rolling 12-month period
d. one (1) real estate classified listing during a rolling 12-month period
e. one (1) real estate rental listing at any time.
Individual sellers may post at no charge up to:
i. unlimited General classified listings at any given time
ii. two (2) Recreational Vehicle listings at any time
iii. two (2) motor vehicle classified listings during a rolling 12-month period
iv. one (1) real estate classified listing during a rolling 12-month period
v. one (1) real estate rental listing at any time.
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 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:
a. 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).
b. 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:
a. 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.
b. 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.
c. 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.
a. Classifieds Service Listings. Service listings are allowed to be posted in the Classifieds section provided that the service provider has previously been setup as a Classifieds Service Provider by an Operator account executive, has an active KSL Service listing and all payments are is up to date on payment.
b. Listing should advertise services that are relevant to the subcategory in which the Listing is posted.
c. Duplicate Listings aren’t allowed.
d. 1 Listing per category per service type.
e. Allotment of listings will be associated with listing packages established with Account executive.
f. Sole discretion to accept, decline or remove a Listing is exclusively within the Operator’s sole discretion.up to the Operator
g. Trade and Barter Listings must specifically outline the offered trade, including the item to be traded and they are willing to trade their acceptable services.
19. Posting Reviews. To review a business of service (“Service Provider”), you, as the reviewer must meet the following requirements:
a. 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.
b. You must have a KSL.com account.
c. 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.
d. Only one member of the household may write a review.
e. 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.
f. You must be at least 18 years of age.
g. A Service Provider may not review his/her own business; nor provide a negative review on their direct competition.
h. A review must be submitted within six (6) months of the date of service provided.
i. 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.
20. 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.
21. 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:
a. 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.
b. Review Response Content from a Service Provider must focus on the reviewer's experience of service.
c. Review Content should not give out specifics of the job performed that could potentially allow identification of the reviewer.
d. 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:
i. Personal information that can be used to identify or contact any person;
ii. Promotional content that would promote other websites, businesses, services or products unaffiliated with this website and business;
e. Review Content shall not be obscene, abusive, discriminatory or illegal.
f. 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.
g. Review Content should be objective and accurate.
h. 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.
i. 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.
j. 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.
k. 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.
l. 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.
m. 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.
22. 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.
23. 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.
24. 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.
e. 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.
f. 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.
g. 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.”
i. 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.
j. 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.
k. Notice of Risk. 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.
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.
21. Consent to Contact, Monitoring of Messages and Call Recording
We may share your telephone number with our authorized service providers as stated in
This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. We may store message contents, including to conduct this scanning and analysis.
22. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that the files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE “ SITE MATERIALS” ), ARE PROVIDED ON AN “ AS IS”, AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE WARRANTIES OF TITLE AND NON- INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY SITE MATERIALS THAT YOU DOWNLOAD) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT OR THROUGH THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING USER CONTENT AND YOUR CONTENT, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY SERVICES OR ITEMS OBTAINED AT OR THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Failure of Essential Purpose. You acknowledge and agree that the provisions hereof that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of this Agreement that are fundamental to our understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions and shall be enforced as such, regardless of any breach or other occurrence hereunder. Without limiting the generality of the foregoing, you agree that all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause any exclusive remedy under this Agreement to fail of its essential purpose.
25. International Use. The Site is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited.
26. Choice of Law and Venue