Welcome to www.theECLASSIFIEDS.com, an online marketplace which provides a collection of online resources, including classified ads, and various email services (referred to hereafter as the "Site"). Any person who wishes to access the Site to advertise, sell, buy or bid for goods or to use the other services provided on the Site (collectively, the "Services") must accept the terms and conditions of this user agreement or other posted guidelines for all services, (referred to hereafter as the "Terms") without change. The Site is owned and maintained by Intellithought, Inc.
Management reserves the right to change, modify, add, or remove portions of these Terms, or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.
2. Applicable Policies and or Guidelines
You agree to abide by the procedures and guidelines for conducting and participating in transactions on the Site. The policies, procedures and guidelines contained on the Site explain the processes and set out acceptable conduct and prohibited practices. These policies, procedures and guidelines may be changed by the management of this Site in the future, and will be effective immediately upon posting, without notice to you. You should regularly refer to these Terms to understand the current procedures and guidelines related to the Site.
3. Management Role
The Site is an online classifieds Service, it is important to realize that we are not a traditional online auction site or "auctioneer." Instead, the Site acts as a venue to allow certain persons to advertise, sell and buy certain products and services at any time, from anywhere, primarily using a fixed price format, however, and a variety of other pricing formats may be used including but not limited to an auction-style format commonly referred to as "online auctions" or "auctions".
4. Payments, Bidding/Buying, Listing/Selling, Advertising
The Site currently accepts credit card payments for subscription and advertising accounts.
You acknowledge that Management may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Management has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Management reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, for any reason.
You are strictly prohibited from placing offers on the Site for the purpose of artificially increasing or otherwise manipulating the Services offered by the Site.
5. Reservation of Rights
Management retains the right, but does not have the obligation, to immediately remove any posting or prevent access to the Site or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of the Site, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site.
6. Site Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Management does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site may contain links to other sites, which are completely independent of the Site. Management makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Accessing links to any other sites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will this Site be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that the Site does not pre-screen or approve Content, but that Management shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, an employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person"s explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if
- posted in areas of the Site which are not designated for such purposes; or
- emailed to Site users who have requested not to be contacted about other services, products or commercial interests;
- that constitutes posting essentially the same item or service to more than two classified categories or forums;
- that includes links to commercial services or web sites, except as allowed in postings and advertising;
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Tennessee law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users" ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
- that competes, either directly or indirectly, with the services provided by the Site or with the business of the Site's owner (Intellithought, Inc.).
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- purposefully post Content in an irrelevant category, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to Site"s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site; or
- post items for non-members.
Your Items will not invite visitors to dating service or similar services.
7. Password Security
Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
8. Illegal Activity
The Site and Services may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, and purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant"s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and the management of this Site will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
9. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Management for notice of claims of copyright or other intellectual property infringement ("Agent"), at firstname.lastname@example.org or:Copyright Agent
125 Broad Street
Kingsport, TN 37660
Please provide our Agent with the following Information:
- identify the copyrighted work or other intellectual property that you claim has been infringed;
- identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you declaring under penalty of perjury that:
- the above information in your notice is accurate; and
- that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- your address, telephone number, and email address; and
- your physical or electronic signature.
Site"s Agent will forward this information to the alleged infringer.
10. Breach of Agreement Right to Investigate
Without limiting other remedies, Management may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you:
- if you breach this Agreement or the documents it incorporates by reference;
- if Management is unable to verify or authenticate any information you provide; or
- if Management believes that your actions may cause legal liability for you, other Site users or Management.
11. Compliance with Federal Fair Housing Act
All real estate advertising is subject to the Federal Fair Housing Act of 1968, as amended. All housing advertised is available on an equal opportunity basis and does not discriminate on the basis of race, color, religion, national origin, gender, familial status, or handicap. When posting an advertisement for housing, you must comply with section 3604(c) of the Act. This statute prohibits stating, in any notice or ad for the sale or rental of a dwelling, a discriminatory preference based on race, color, religion, national origin, gender, familial status, or handicap. We will not knowingly accept any advertisement for real estate which is in violation of this law. If you suspect discrimination, you may report it to HUD toll-free at 1-800-669-9777, or to a fair housing advocate near you. If you encounter a housing posting on this site that you believe violates the Fair Housing laws, please contact us via phone or e-mail.
12. Release of Liability
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Management shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Management is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Management; including the officers of both managing companies, their agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
13. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SITE AND THESE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MANAGEMENT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MANAGEMENT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MANAGEMENT DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MANAGEMENT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Management; including officers of both companies, their subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
16. Applicable Law
The laws of the State of Tennessee govern these Terms, without giving effect to any principles of conflicts of laws.
17. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Management does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Management an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN KINGSPORT, TENNESSEE AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR MANAGEMENT MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN KINGSPORT, TENNESSEE, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR MANAGEMENT PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
Management grants a limited license to each participant to make personal use only of the Site and the Services in accordance with these Terms. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the advertising, buying and selling of items and services in accordance with the Terms), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.
Management, in its sole discretion, may terminate or modify the Terms, access to the Site or the Services, or any current transaction immediately without notice for any reason. You agree that Management, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Management believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Management shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 6) Site Content, 12) Release of Liability, 13) Disclaimer of Warranties, 14) Limitation of Liability, 15) Indemnification, 17) Proprietary Rights and 24) No Spam Policy, shall survive termination of these Terms.
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to email@example.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Management liquidated damages as follows:
If you post a message that
- impersonates any person or entity;
- falsely states or otherwise misrepresents your affiliation with a person or entity; or
- includes personal or identifying information about another person without that person"s explicit consent, you agree to pay Management one thousand dollars ($1,000) for each such message;
- If Management establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Management one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access the Site in excess of such limits, whichever is higher;
- If you send unsolicited email advertisements to Site email addresses or through Site computer systems, you agree to pay Management twenty five dollars ($25) for each such email; or
- If you post messages in violation of the Terms, other than as described above, you agree to pay Management one hundred dollars ($100) for each such message. In its sole discretion, Management may elect to issue a warning before assessing damages.
Otherwise, you agree to pay Management"s actual damages, to the extent such actual damages can be reasonably calculated.
21. No Agency
Management is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from the Terms is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to the Terms. The Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Management and you.
If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
23. No Waiver
Management"s failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of Management"s right to subsequently enforce such provision or any other provisions of the Terms.
24. No Spam Policy
You understand and agree that sending unsolicited email advertisements to Site email addresses or through Site computer systems is expressly prohibited by the Terms. Any unauthorized use of Site computer systems is a violation of the Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
25. Entire Agreement
The Terms constitute the entire agreement between you and Management and govern your use of the Service, superseding any prior agreements between you and Management. The Terms and the relationship between you and Management shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and Management agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sullivan, Tennessee. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties" intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.