The following describes the terms on which Classified America offers you access to our services.
Using Classified America Sites
While using the Sites, you will not:
- post content or items in an inappropriate category or areas on the Sites;
- violate any laws, third party rights, or our policies;
- use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
- fail to deliver payment in any transaction for any Third Party Goods or Services (as defined below) provided to you by a third party purveyor, unless that third party has materially changed the good or service from what was originally listed, a clear typographical error is made, or you cannot authenticate the third party purveyor’s identity;
- fail to deliver goods or services purchased from you, unless the interested third party fails to meet the posted terms, or you cannot authenticate the interested third party’s identity;
- manipulate the price of any good or service or interfere with other user’s listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Classified America;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- transfer your Classified America account (including feedback) and User ID to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Classified America, or the interests or property of the users of Classified America Sites;
- copy, modify, or distribute content from the Sites and Classified America copyrights and trademarks; or
- harvest or otherwise collect information about users, including e-mail addresses, without their consent.
Abusing Classified America Sites
Classified America and our user community (the “Community”) work together to keep the Sites working properly and the Community safe. Please report problems, offensive content and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our Web site, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Fees and Services
Our Sites offer a service that brings together third party purveyors and interested third parties in connection with transactions involving merchandise and/or services (“Third Party Goods or Services”). Information about Third Party Goods or Services is supplied by third party purveyors and not by Classified America. The price and other terms of any transaction remain subject to direct negotiation between the parties to the transaction. The prices listed by third party purveyors on the Sites often exclude sales tax, finance charges and other charges including, without limitation, title, license, regulatory and compliance fees. Though we hope that all who visit our Sites will act honorably and treat each other fairly, we cannot verify the information third party purveyors supply or guarantee Third Party Goods or Services they offer. Nor can we assure the third party purveyor that any check he/she gets from interested third parties for any Third Party Goods or Services is valid. When using these Sites to offer Third Party Goods or Services, we urge third party purveyors to use the same common sense and good judgment one would use in offering Third Party Goods or Services through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and one’s own good judgment. In other words, if it seems too good to be true, it probably is.
When you offer any Third Party Goods or Services through the Sites, you must be prepared to provide those goods or services upon the terms on which you have listed them, including, where applicable, transfer of title or ownership. To list Third Party Goods or Services on the Sites, third party purveyors are required to provide certain identifying and contact information. The information must accurately identify the third party purveyor, and the method of contact must permit interested third parties to communicate directly with the third party purveyor. You may not charge any interested third party for information about any Third Party Goods or Services you list on the Sites, nor may you use our Sites to promote, without our prior written permission, any other Web site, product or service. Classified America reserves the right to deny use of the Sites to anyone who does not comply with these requirements or who otherwise uses our Sites in a manner we consider inappropriate.
Responsibility for the information contained in listings lies with each third party purveyor. You alone are responsible for the material you post and for the content, including, without limitation, all e-mail messages transmitted through the Sites. Nothing will undermine a user’s confidence in Third Party Goods or Services you offer faster than inaccurate statements or misleading representations about the Third Party Goods or Services. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we require that the information you supply be accurate and that, in all respects, you treat the users to the Sites honestly and fairly at all times.
Though we cannot and do not monitor every transaction that originates on the Sites, we perform random quality assurance tests to confirm that those who offer Third Party Goods or Services over the Sites are prepared to provide the goods or services on the terms on which they advertise them. By using our advertising service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a third party purveyor is engaging in “bait and switch” or other unfair or deceptive practices, Classified America reserves the right to deny that third party purveyor use of the advertising service.
By submitting a listing through our advertising service, you agree to pay the fees specified for the listing package you select, regardless of whether you are successful in consummating a transaction of Third Party Goods or Services as a result of the listing. Take care in selecting your listing package and inputting your listing information; listing fees are generally not refundable, even if you provide erroneous information or fail to consummate a transaction of Third Party Goods or Services.
We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise or cancel any advertisement at any time. Rates and specifications are subject to change without notice.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.
You will not hold Classified America responsible for other users’ actions or inactions, including things they post. The Sites are a venue to allow anyone to consummate transactions involving Third Party Goods or Services, at any time, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between third party purveyors and interested third parties. We have no control over and do not guarantee the quality, safety or legality of Third Party Goods or Services advertised, the truth or accuracy of listings, the ability of third party purveyors to sell items, the ability of interested third parties to pay for items, or that an interested third party and a third party purveyor will actually complete a transaction.
We do not transfer legal ownership of items from the third party purveyor to an interested third party, and nothing in this Agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of goods are transferred upon physical delivery of the goods to the interested third party by the third party purveyor. Unless the interested third party and the third party purveyor agree otherwise, the interested third party will become the lawful owner of the goods upon physical receipt of the goods from the third party purveyor, in accordance with Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Access and Interference
Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Classified America by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our prior, express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Sites without the prior express written permission of Classified America and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Classified America’s national registered agent (in the case of Classified America) or to the e-mail address you provide to Classified America during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Classified America must be resolved by a court located in Daytona Beach, Florida. You agree to submit to the personal jurisdiction of the courts located within Daytona Beach, Florida for the purpose of litigating all such claims or disputes.