SITE OWNER TERMS OF SERVICE
SITE OWNER reserves the right to change and modify this site at any given time without notice. By using this site subsequent to the revision of the term of use, you agree to be bound by such changes.
If you do not accept and agree to all provisions of the TOS, now or in the future, you may reject the TOS by immediately terminating all access and use of SITE OWNER site, in which case any continuing access or use of SITE OWNER site is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on SITE OWNER site.
SITE OWNER site is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.
The TOS grant you a limited, revocable, nonexclusive license to access SITE OWNER site and use SITE OWNER site, in whole or in part, including but not limited to SITE OWNER intellectual property therein, solely in compliance with the TOS.
“AMERICAN SERVICE NETWORK™” is a trademark of AMERICAN SERVICE NETWORK™, and the site name of this site and its other trademarks and tradenames are trademarks of their respective owner(s); all individually and/or collectively protected by United States and international laws. The TOS do not authorize you to use these or any similar or related marks including, and without limitation, any extended word, term or mark beginning or ending with any of these terms for any use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with AMERICAN SERVICE NETWORK™ or their respective owner(s).
SITE OWNER has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”) posted to, stored on or transmitted via SITE OWNER site by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of SITE OWNER site) by any user (or any other third party in any manner); and to enforce the TOS, for any reason and in any manner or by any means that SITE OWNER, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). SITE OWNER may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. SITE OWNER action or inaction to regulate content or conduct or to enforce against any potential violation of the TOS by any user (or any other third party) does not waive SITE OWNER’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOS violation.
You also understand and agree that any action or inaction by SITE OWNER or any of its directors, officers, stockholders, employees, consultants, affiliates, successors, predecessors, assigns, heirs, service providers, suppliers, agents, representatives, or respective subsidiaries of any and all entities of this sentence (collectively, “SITE OWNER Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOS violation is undertaken voluntarily and in good faith, and you expressly agree that neither SITE OWNER nor any SITE OWNER Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOS.
Although SITE OWNER Representatives may moderate content, conduct and TOS compliance on SITE OWNER site at SITE OWNER’s discretion, SITE OWNER Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of SITE OWNER will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of SITE OWNER will otherwise stop, cure or prevent any problem, content, conduct or purported TOS violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any SITE OWNER Representative (or by anyone else acting on behalf of SITE OWNER or by anyone purportedly acting on behalf of SITE OWNER) that SITE OWNER (including but not limited to any SITE OWNER Representative, anyone else acting on behalf of SITE OWNER, or anyone purportedly acting on behalf of SITE OWNER) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOS violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that SITE OWNER Representatives and anyone else authorized to act on behalf of SITE OWNER shall in no circumstance be liable as a result of any representation that SITE OWNER, a SITE OWNER Representative or anyone else on behalf of SITE OWNER would or would not restrict or redress any content, conduct or potential or purported TOS violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by SITE OWNER’s Owner and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
SITE OWNER also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of SITE OWNER site at any time without notice. SITE OWNER and SITE OWNER Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
3. CONTENT AND CONDUCT
SITE OWNER does not control, is not responsible for and makes no representations or warranties with respect to any content, whether on our site, or sites, or any information or content our site, or sites, may link to. You are solely responsible for your access to, use of and/or reliance on any content, whether on our site, or sites, or any information or content our site, or sites, may link to. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any content, whether on our site, or sites, or any information or content our site, or sites, may link to.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from SITE OWNER site includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via SITE OWNER or SITE OWNER site); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to SITE OWNER site would violate these TOS or SITE OWNER’s other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on SITE OWNER site and all such prohibitions are expressly incorporated into these TOS as stated in section 1 above.
You automatically grant and assign to SITE OWNER, and you represent and warrant that you have the right to grant and assign to SITE OWNER, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to SITE OWNER, all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
You agree to indemnify and hold SITE OWNER and SITE OWNER Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOS. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by SITE OWNER, and/or SITE OWNER Representatives.
SITE OWNER does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any user or user conduct. You must adhere to any and all applicable law or laws, and you must not act illegally, related to, or involving us, in any way. You are solely responsible for determining which law or laws you must adhere to, and for which act, or acts, are illegal.
You are also responsible for your own conduct and activities on, through or related to SITE OWNER site, and, if you create an account on SITE OWNER site, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold SITE OWNER and their Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to SITE OWNER site, and related to or arising out of any conduct or activities on, through or by use of your site account, if any. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by SITE OWNER and/or their Representatives.
4. POSTING AND ACCOUNTS
This section 4 applies to all uses and users of SITE OWNER site, unless SITE OWNER has specifically authorized an exception to a particular term for a particular user in a written agreement. SITE OWNER has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.
SITE OWNER site is intended and designed as a local service. A user may post content only to the single specific geographic area offered on SITE OWNER site for which that content is most relevant. The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas shall not be posted on SITE OWNER site.
The same or substantially similar content may not be posted in more than one category. A user may post content only in the single category to which it is most relevant, and must not post content to inappropriate categories. For example, content advertising classes or vocational training must be posted under hypothetical or real “classes” category of the “community” section and may not be posted in any hypothetical or real “jobs” category. Likewise, content advertising auto financing must be posted under hypothetical or real “financial” category of hypothetical or real “services” sections and not under hypothetical or real “cars/trucks” category in hypothetical or real “for sale” section. Similarly, services relating to real estate must be posted under hypothetical or real “real estate” category of hypothetical or real “services” section and may not be posted to any category within hypothetical or real “housing” section. Similarly, video content must be posted under hypothetical or real “videos” category and may not be posted to any category such as hypothetical or real “text posts” section.
A user may post the same or substantially similar content no more than once every 48 hours.
Where a site category provides specific subcategories for posts by particular types of users (e.g., car sales “by-owners” versus “by-dealers,” and real estate for sale “by-owner” versus “by-broker”), a user may post content only in the single user sub-category most accurate for that user. In particular, no user acting as a broker, agent or dealer may post in any “by owner” category.
Users may not circumvent any technological measure implemented by SITE OWNER to restrict the manner in which content may be posted on site or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent site accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”
It is expressly prohibited for any third party to post content to site on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
It is expressly prohibited to post content to site using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to SITE OWNER for each instance of access to site (by any user or other third party) using that automated means.
Affiliate marketing is expressly prohibited on site, except by SITE OWNER. Users may not post content or communicate with any site user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
A user may maintain and use no more than one account, including a telephone or phone-verified account (“PVA”), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOS.
A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited.
A user must only use his/her own account or PVA, and may not use any account or PVA of another.
The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited.
A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user’s own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited.
A user shall not “flag” (or otherwise seek removal of) content on site without a personal, good-faith belief that the content violates the TOS. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others.
A user may flag a specific item of content only once.
A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).
5. UNAUTHORIZED ACCESS AND ACTIVITIES
This section 5 applies to all uses and users of SITE OWNER site, unless SITE OWNER has specifically authorized an exception to a particular term for a particular user in a written agreement. SITE OWNER has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.
To maintain the integrity and functionality of SITE OWNER site for its users, access to site and/or activities related to SITE OWNER or site that are harmful to, inconsistent with or disruptive of SITE OWNER and/or its users’ beneficial use and enjoyment of SITE OWNER are expressly unauthorized and prohibited. For example, without limitation:
The collection of SITE OWNER site users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
Any copying, aggregation, display, distribution, performance or derivative use of SITE OWNER site or any content posted on site whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access site without individual written agreements executed with SITE OWNER that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant SITE OWNER site, website, service, forum or content; (b) they access site from a stable IP address using an easily identifiable agent; and (c) they comply with site’s robots.txt file; provided however, that SITE OWNER may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access site without their own written agreement executed with SITE OWNER), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.
Any access to or use of SITE OWNER site to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with site (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access SITE OWNER site or copy, display, distribute, perform or create derivative works from site webpages or other SITE OWNER’s intellectual property in violation of the TOS or for purposes inconsistent with the TOS, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on site or any provision of the TOS that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of site webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and rights of SITE OWNER pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of SITE OWNER site in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of SITE OWNER site in compliance with the TOS or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of SITE OWNER site in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOS.
6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
SITE OWNER and SITE OWNER Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold SITE OWNER and their Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by SITE OWNER and/or their Representatives.
SITE OWNER may charge a fee to post content or for other features, products, services or licenses. You are responsible to SITE OWNER for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize SITE OWNER, AMERICAN SERVICE NETWORK™, or its designated payment processor (non-exhaustive examples: “PAYPAL™”, “PAYPAL: AMERSERV”, “AMERICAN SERVICE NETWORK™” and/or “AMERSERV™”), to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by SITE OWNER or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, SITE OWNER reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
Nothing on our site, or sites, is meant or offered as legal advice nor should be construed as such. SITE OWNER is a consumer medium and advocacy and is neither a court of law nor legal counsel.
The information provided on this, or any other SITE OWNER site is not legal advice, this is not a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. Any attorney and other business / member listings on the site, or sites, do not in any way constitute a referral or endorsement by us or any approved or authorized lawyer referral service or government agency. Your access of/to and use of this site is subject to additional Terms and Conditions.
If you feel your insurer, or any other party for that matter, may be guilty of Bad Faith, Unfair Claims Settlement Practices and/or other pertinent illegal insurance practices and/or any other violations of law, and you feel you require legal advice, you should seek legal counsel from a licensed attorney admitted in good standing in your state or jurisdiction who is knowledgeable and familiar with the issues raised.
Any reference on any SITE OWNER site or sites alleging to violations of law, can only be determined as such by a recognized and authorized court of law. Any such reference(s) contained herein is for educational and public awareness purposes.
With respect to information and documents available from SITE OWNER and/or SITE OWNER Representatives, SITE OWNER and SITE OWNER Representatives do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information or process disclosed, or represents that its use would not infringe privately owned rights.
SITE OWNER and/or SITE OWNER Representatives is/are not responsible for any of its pages content or the accuracy of the information included, including specific links to other pages, articles, documents and other stories.
SITE OWNER and SITE OWNER Representatives do not warrant or make any representations regarding the use or the results of the use of the any information at SITE OWNER site or in linked sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
The SITE OWNER site information provided is done so on an “As Is” basis. SITE OWNER receives updated information on an ongoing 24 hours per day and 7 days per week basis and makes no guarantee of the accuracy or degree of the basis of any updated nature of the information provided on site for any or all of the information received. There is no guarantee that the information published on site is the most current information available, unmodified from its original form and/or content, or accurate.
Nothing contained on SITE OWNER site can be construed as legal advice or as giving rise to an attorney/client relationship. This is not a lawyer referral service, and no attorney-client or confidential relationship is formed by use of site. Never take any action that may affect your rights or legal well-being without consulting a lawyer personally. An attorney/client relationship can only be created by express agreement, and only after a fee arrangement has been made. Nothing contained herein may be construed as an offer for provision of legal services. The attorney and other business and/or member listings on here are listed by users, and do not in any way constitute a referral or endorsement by us or any referenced, approved or authorized lawyer referral service or government agency.
SITE OWNER and SITE OWNER Representatives does/do NOT offer legal advice. The information and materials on site are offered for information purposes only. Do not act or rely upon any of the resources and information available on site or other communications disseminated from site without seeking professional or legal advice. The information contained in site is for general informational purposes and should not be taken as legal advice. If you have a specific legal issue or problem, SITE OWNER recommends that you consult with an attorney.
Although not required, many of the attorneys and law firms that may be listed in site member directory(ies) might provide a qualified prospective client with a free confidential initial consultation, and in some cases it may/may not be noted. The site member directory is not a lawyer, or any other type referral service. Note: You should never retain a lawyer, other vendor, or service based solely on any advertisement or listing. You should always investigate credentials and ability, as well as assess your level of comfortability and rapport.
Reference herein does not constitute or imply endorsement, recommendation, or favoring by SITE OWNER for site members or visitors.
All documents available at SITE OWNER site are protected under the U.S. and Foreign Copyright Laws. Permission to reproduce is required.
YOUR ACCESS TO, USE OF AND RELIANCE ON SITE OWNER SITE AND CONTENT ACCESSED THROUGH SITE IS ENTIRELY AT YOUR OWN RISK. SITE OWNER (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, CLASSIFIEDS, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, SITE OWNER ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF SITE AND CONTENT ACCESSED THROUGH SITE; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF SITE OWNER SITE OR CONTENT ACCESSED THROUGH SITE OWNER SITE; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF SITE OWNER SITE OR CONTENT ACCESSED THROUGH SITE OWNER SITE (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON SITE OWNER SITE OR IN CONTENT).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
9. LIMITATIONS OF LIABILITY
SITE OWNER AND/OR THEIR REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON SITE OR CONTENT ACCESSED THROUGH SITE BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO SITE OR CONTENT ACCESSED THROUGH SITE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SITE OWNER OR ANY SITE OWNER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF SITE OR CONTENT ACCESSED THROUGH SITE; ANY INABILITY TO ACCESS OR USE SITE OR CONTENT ACCESSED THROUGH SITE; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF SITE OR CONTENT ACCESSED THROUGH SITE.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF SITE OWNER, SITE, OR CONTENT ACCESSED SITE (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON SITE AND LINKS IN CONTENT ACCESSED THROUGH SITE).
You hereby release SITE OWNER and each and every SITE OWNER Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to SITE OWNER site or content accessed through site, or any interactions with others arising out of or related to site or content accessed through site, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “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.”
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. NOTIFICATION OF CLAIMS OF INFRINGEMENT
Most materials including images appearing on this site are submitted by our users who are prohibited from uploading images and/or providing content unless they are the lawful copyright owner. Other images and or content may be obtained from third party sources only when doing so constitutes fair use under Section 107 of the U.S. Copyright Act; 17 U.S.C. § 107. The use of media materials is protected by the Fair Use Clause of the U.S. Copyright Act of 1976, which allows for the rebroadcast of copyrighted materials for the purpose of commentary, criticism, and education.
If you are a copyright owner and you believe the use of your content and/or images on this site is infringing, please let us know. We will promptly consider any valid take down demand as long as the demand meets all requirements of the DMCA and as long as the specific use of the content and/or image(s) is not clearly fair use. For purposes of clarity — our promise to review your notice does not constitute a promise, either express or implied, to remove any material from this site. Removal is always done at our discretion.
At a minimum, DMCA notices must include at least the following things:
(1) Your name, address, telephone number, and e-mail address;
(2) A description of the copyrighted work that you claim has been infringed;
(3) The exact URL or web address where the alleged infringing material is located NOTE: a description such as “the 3rd image on page 4” is NOT sufficient because we add new content all the time and images may shift location. Also, a description such as “that picture of me” is unacceptable because we do not know who you are. You must provide the exact URL of the post and the item or file number, if applicable, at issue. Generally, you can ascertain the URL by clicking on the title of the post and then looking at the address bar on the top of that page. You can ascertain the item or file number by clicking the information button on images. If you are unsure how to do this, or are unsuccessful, an information technology expert, retained at your own expense, may be able to. Failure to include the exact URL and item or file number may result in your request being delayed or rejected.
(4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s OK to just type your full name at the end of your notice);
(6) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please email your DMCA removal request to: WebMaster(at)AmerServ.net, using the subject: DMCA Infringement Notice.
NOTE — mailing/faxing/FedEx’ing DMCA notices is strongly discouraged and may delay processing of your request. Notices sent by mail/fax/FedEx do not receive any higher priority than notices sent by email.
Please be patient. DMCA notices are usually reviewed only during normal business hours. We try to review notices the same day they are received, but it may take up to 72 hours to process your request. If we believe that your notice is valid, then we will remove the image(s) identified in the notice. However, we DO NOT respond to notices or explain why a particular notice was not honored.
IMPORTANT — if you “spam” us with multiple copies of the same notice, our system may block your email automatically. For that reason, we ask that you only send your notice ONCE. If nothing has been removed after 72 hours, you can re-send your notice one more time. However, if nothing is removed after your notice has been sent a second time, you should assume that the request has been denied.
Because we cannot give you legal advice, we will not respond to any emails asking “Why did you deny my DMCA request?” or “What should I do so you will honor my DMCA requests?” These types of legal questions should be presented to a local attorney in your area who can explain your rights and options.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result; see 17 U.S.C. § 512(f).
Repeat Infringer Policy: SITE OWNER takes copyright law seriously. In addition to removing infringing content when appropriate, we will block access to the site (to the extent possible) by any user who we determine to be a repeat infringer. For the purposes of this policy, a “repeat infringer” is defined as any person who is deemed to have uploaded infringing content three (3) or more times within a period of six (6) months.
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please contact the domain owner as per the above DMCA contact information.
11. INJUNCTIVE RELIEF
You acknowledge and agree that any violation or breach of the TOS may cause SITE OWNER and/or others, immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOS or other applicable legal requirements, SITE OWNER has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOS. In addition to any and all other remedies available to SITE OWNER in law or in equity, SITE OWNER may seek specific performance of any term in the TOS, including but not limited to by preliminary or permanent injunction.
In addition to any injunctive relief, you agree to pay to SITE OWNER the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOS for which you bear responsibility; EXCEPT you acknowledge that, for certain TOS violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOS violations, you agree to pay liquidated damages to SITE OWNER as described by the schedule located on the Liquidated Damages page on this site.
Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of SITE OWNER’s damages for such violations, and that liquidated damages for violations of the TOS are and will be cumulative.
14. NOT USED
These TOS constitute the entire agreement between you and SITE OWNER and supersede any prior written or oral agreement. Other than the SITE OWNER Representatives (who are expressly included as named third-party beneficiaries of the TOS), there are no third-party beneficiaries to the TOS.
NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, SITE OWNER RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS (THEIR) SOLE DISCRETION, TO MONITOR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF A USER’S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.
INTERNATIONAL CUSTOMERS UNDERSTAND AND AGREE THAT THE SITE OWNER SERVICES ARE PROVIDED BY SITE OWNER IN THE UNITED STATES OF AMERICA. YOU FURTHER AGREE THAT THE PERSONAL INFORMATION WHICH YOU GIVE SITE OWNER WILL BE TRANSFERRED TO AND MAINTAINED IN THE UNITED STATES AND OTHER COUNTRIES; INCLUDING WITHOUT LIMITATION COUNTRIES IN THE EUROPEAN UNION AND ELSEWHERE. IF YOU DO NOT CONSENT TO THE TRANSFER OF YOUR PERSONAL INFORMATION INTO AND OUT OF THE UNITED STATES, DO NOT ACCEPT THESE TERMS AND CONDITIONS FOR THE SITE OWNER SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT REGARDLESS OF YOUR COUNTRY OF RESIDENCE SITE OWNER MAY DISCLOSE PERSONAL INFORMATION ABOUT YOU AND YOUR WEBSITE OR DOMAIN NAMES PURSUANT TO THIS SECTION, AND YOU EXPLICITLY WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER NATIONAL AND INTERNATIONAL LAW.
SITE OWNER may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to SITE OWNER. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.
You may provide notice to SITE OWNER in one of the following ways:
by addressing the notice as indicated below and depositing the same by registered or certified mail, postage prepaid, in the United States mail, SITE OWNER’s name, the contact information listed in the current publicly listed domain ownership records for this site’s domain;
by Federal Express, addressing, SITE OWNER’s name, the contact information listed in the current publicly listed domain ownership records for this site’s domain;
by e-mail and registered or certified mail.
Such notice, statement or other document so delivered to SITE OWNER’s name, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice by e-mail to SITE OWNER shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail, and postmarked not more than five days subsequent to the giving of e-mail notice. Any such e-mail notice to SITE OWNER shall be deemed effective as of the date on which SITE OWNER receives the certified or registered mail notice.
16. NOT USED.
17. NOT USED.
18. NOT USED.
19. FORCE MAJEURE.
In the event of “force majeure” (as defined below), SITE OWNER may terminate this Agreement without liability to you. For purposes of the Agreement, “force majeure” shall mean circumstances or occurrences beyond SITE OWNER’s reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which SITE OWNER cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the site Services are located or maintained or through which the site Services are provided, and nonavailability of any permits, licenses and/or authorizations required by governmental authority.
SITE OWNER reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SITE OWNER Services (or any part thereof) with or without notice. You agree that SITE OWNER shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SITE OWNER Services.
20. NO ASSIGNMENT BY YOU; ASSIGNMENT BY SITE OWNER.
This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without SITE OWNER’s prior written consent. In particular, you may not sell accounts or subaccounts to third parties. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. SITE OWNER may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion.
You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of SITE OWNER. No additional or conflicting term in any other document used by you will have any legal effect.
21. ARBITRATION AND WAIVER OF JURY TRIAL.
ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN SACRAMENTO, CALIFORNIA IN ACCORDANCE WITH THE RULES OF JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC (“JAMS”) AND IN ACCORDANCE WITH THE RULES OF JAMS. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in any court of competent jurisdiction in Sacramento, California. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that SITE OWNER shall be entitled to collect its attorneys’ fees, costs and other expenses in the event that SITE OWNER acts to enforce this arbitration and forum or venue selection clause, regardless of whether SITE OWNER prevails in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the federal law of the United States of America. There are no exceptions to these mandatory arbitration provisions except as set forth in Sections 21.2 and 21.3.
Notwithstanding the provisions of Section 21.1, if you fail to timely pay amounts due, SITE OWNER may assign your account for collection and the collections agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by Law or this Agreement.
Nothing in Section 21.1 shall preclude SITE OWNER from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement or the provisions hereof in the event JAMS will not or cannot arbitrate a particular dispute. Any action under this section 21.3 may be brought in the United States District Court for the Eastern District of California, and each party consents to the in personam jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of the United States District Court for the Eastern District of California.
In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND SITE OWNER THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.
YOU AND SITE OWNER ACKNOWLEDGE THAT THIS SECTION 21.5 WAIVES ANY RIGHT OF EITHER AND BOTH TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION RELATED TO OR BORN BY THIS AGREEMENT.
This Agreement shall be interpreted according to the laws of the State of California, United States of America, and, where applicable, the federal law of the United States of America, without regard to conflicts of law principles.