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operated by LinkedAds.com, LLC, which are all covered under this Terms
of Use Agreement.
The following are terms of a legal agreement ("Agreement")
between you and LinkedAds.com, LLC ("LinkedAds.com"). The
terms and conditions contained herein describes the terms upon which
LinkedAds.com offers you access to the services provided on its web
site (the "Site"). This Agreement applies to and governs your
use of the Site and such use is expressly conditioned upon your acceptance
of the terms and conditions set forth herein. Please read these terms
and conditions of use carefully. By registering, accessing, browsing
and/or otherwise using the Site, you acknowledge that you have read
and understood the Agreement and that you agree to be bound by the terms
and conditions contained herein and to comply with all applicable laws
and regulations. If you do not agree to all of these terms and conditions,
you may not register, access, browse and/or otherwise use this Site.
BY REGISTERING TO USE THIS SITE, YOU ARE INDICATING THAT YOU ACCEPT
THE TERMS AND CONDITIONS STATED BELOW. If you have any questions regarding
this Agreement, please contact us at info@LinkedAds.com.
The Site is controlled and operated by LinkedAds.com from its offices
within the United States. LinkedAds.com makes no representation that
information, data or materials available on or through this Site are
appropriate or available for use in other locations, and access to them
from territories where their contents are illegal is prohibited. Those
who choose to access the Site from locations outside the United States
do so on their own initiative and are responsible for compliance with
applicable local laws.
I. USE RESTRICTIONS.
A. Eligibility. This Site and any services or products offered on the
Site are not available to minors or any other individuals who cannot
form legally binding contracts under West Virginia law.
B. Abuse of Site. You may not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Site.
You may not take any action that imposes an unreasonable or disproportionately
large load on the Site's infrastructure. You may not disclose or share
your password to any third parties or use your password for any unauthorized
purpose. LinkedAds.com may terminate your membership and any of your
current listings immediately if you breach this Agreement or if LinkedAds.com
is unable to verify or authenticate any information you provide to us.
LinkedAds.com shall incur no liability in connection with such termination.
C. Intellectual Property.
1. Copyright. All Site materials, including, without limitation, text,
graphics, other files, and the selection and arrangement thereof, are
copyrighted materials of LinkedAds.com, and/or its affiliated companies,
licensors and suppliers, © 2001, ALL RIGHTS RESERVED. Permission
is granted to display, copy, distribute, and download the materials
on this Site for personal, noncommercial use only, provided that you
do not modify the materials and that you retain all copyright and other
proprietary notices contained in the materials. You may not, however,
distribute, copy, reproduce, display, republish, download, or transmit
any material on this Site for commercial use without prior written approval
of LinkedAds.com. You may not "mirror" any material contained
on this Site on any other server without prior written permission from
LinkedAds.com. Any unauthorized use of any material contained on this
Site may violate copyright laws, trademark laws, the laws of privacy
and publicity and communications regulations and statutes.
2. Trademarks. The trademarks, service marks, trade names, and logos
(the "Trademarks") used and displayed on this Site are registered
and unregistered Trademarks of LinkedAds.com, and/or its affiliated
companies, licensors and suppliers. In addition, all page headers, custom
graphics, button icons, and scripts are service marks, trademarks and/or
trade dress of LinkedAds.com, and/or its affiliated companies, licensors
and suppliers, and may not be copied, imitated or used, in whole or
in part, without the prior written permission of LinkedAds.com. You
acknowledge that the Trademarks used and displayed on this Site are
and shall remain the sole property of LinkedAds.com or the Trademark
owner. Nothing in this Agreement shall confer any right of ownership
of any of the Trademarks in you. Further, nothing in this Site shall
be construed as granting, by implication, estoppel or otherwise any
license or right to use any Trademark used or displayed on the Site,
without the express written permission of LinkedAds.com or the Trademark
owner. The misuse of the trademarks displayed on this Site, or any other
content on the Site, is strictly prohibited.
D. Hyperlinks. If you operate a Web site and wish to link to the Site,
you are granted a limited, nonexclusive right to create a "hypertext"
link to the Site; provided that such link is to the entry page of this
Site and does not portray LinkedAds.com or any of its products or services
in a false, misleading, derogatory, or otherwise defamatory manner.
LinkedAds.com reserves the right to reject or terminate any links to
the Content or the Service for any reason. This limited right may be
revoked at any time for any reason whatsoever. You may not use framing
techniques to enclose any LinkedAds.com trademark, logo or trade name
or other proprietary information including the images found at the Site,
the content of any text or the layout/design of any page or any form
contained on a page without LinkedAds.com's express written consent.
Links to third party sites on this Site are provided solely as convenience
to you. If you use these links, you will leave this Site. LinkedAds.com
has not reviewed all of these third party sites and does not control
and is not responsible for any of these sites, their content or their
policies, including, without limitation, privacy policies, term of use
agreements, or the lack thereof. LinkedAds.com does not endorse or make
any representations about third party sites or any information, products,
services, or materials found there, or any results that may be obtained
from using them. If you decide to access any of the third party sites
linked to this site, you do so entirely at your own risk. You acknowledge
and agree that LinkedAds.com shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by, or in connection with the use of or reliance on any such third party
E. Limited Access. Access to this Site is limited to the linked Web
pages. Except as otherwise expressly permitted by LinkedAds.com, any
access or attempt to access other areas of the LinkedAds.com computer
system or other information contained on the system for any purposes
is strictly prohibited. You agree that you will not use any robot, spider,
other automatic device, or manual process to monitor, "mine,"
or copy the Web pages on the Site or the content contained therein without
LinkedAds.com's prior, express, and written permission. You will not
"spam" or send unsolicited e-mail to any other user of the
Site for any reason.
II. LISTING ON LinkedAds.com.
All listings on the Site shall be composed of text descriptions, graphics,
pictures, and/or other visual descriptions submitted to LinkedAds.com
by a listing party. Listing information may include any information
you provide to LinkedAds.com during the registration, listing, or purchase
and sale process. With respect to your listing information, you agree
A. You are legally able to sell the item(s) you list for sale on the
B. You are solely responsible for your listing information, and LinkedAds.com
acts only as a passive conduit for your online distribution and publication
of your listing information. However, LinkedAds.com reserves the right
to take any action with respect to such information it deems necessary
or appropriate in its sole discretion, including, without limitation,
deleting, editing or restricting or suspending access to such information.
C. You hereby represent and agree that your listing information and
the sale of your listed goods on this site shall not: (1) knowingly
infringe any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy; (2) violate
any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
false advertising, or the transportation of hazardous material); (3)
be defamatory, libelous, unlawfully threatening or unlawfully harassing;
(4) contain "adult" content, such as text, descriptions, graphics,
pictures, and/or other files commonly referred to as being "adult"
D. You shall not send or transmit any text, descriptions, graphics,
pictures, and/or other files that contain any viruses, trojan horses,
worms, time bombs, uniform cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
E. You may not post on the Site or sell through LinkedAds.com any item
that, by paying to us the transaction fee, could cause us to violate
any applicable law, statute, ordinance or regulation.
F. You hereby grant LinkedAds.com a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicenseable right to exercise the proprietary
rights that you may have in your listing information, in any media now
known or not currently known, with respect to your listing information,
as necessary to accomplish the purpose of this agreement.
G. You acknowledge that all real estate advertising on the LinkedAds.com
sites is subject to the Federal Fair Housing Act of 1968 (or other similar
law), which makes it illegal to advertise "any preference, limitation
or discrimination based on race, color, religion, sex, familial status
or national origin, or any intention to make any such preference, limitation
or discrimination". LinkedAds.com will not knowingly accept advertisements
for real estate or other merchandise which is in violation of the law.
Our readers and/or users are hereby informed that all dwellings and
merchandise advertised on our sites are (and must be) available on an
equal opportunity basis.
III. LIMITATION OF LIABILITY.
A. This site merely acts as a conduit for persons to conduct sales and
for buyers to purchase a sellers' goods. LinkedAds.com has no control
over the quality, safety or legality of the items advertised, the truth
or accuracy of the listings, the ability of sellers to sell items or
the ability of buyers to buy items. LinkedAds.com cannot and does not
control whether or not sellers will complete the sale of items they
offer. LinkedAds.com cannot and does not control whether or not buyers
will complete the purchase of items they have bid on. BECAUSE LINKEDADS.COM
IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYER AND SELLERS,
AND BECAUSE LINKEDADS.COM DOES NOT AND CANNOT CONTROL THE ACTION OF
OTHERS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS
OR SELLERS, YOU HEREBY RELEASE LINKEDADS.COM (AND LINKEDADS.COM'S OFFICERS,
DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES AND ANY THIRD PARTY PARTNERS
AND/OR LICENSEES OF LINKEDADS.COM) FROM ALL CLAIMS, DEMANDS AND DAMAGES
(ACTUAL AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN,
SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH SUCH A CLAIM OR DEMAND. If you are a resident
of any state that restricts the effect of a general release, you hereby
waive any such provision to the fullest extent allowable by law and
agree that this release of liability shall apply to this agreement to
the fullest extent possible.
B. The content of the Site is provided on an "as is" and "as
available" basis and LinkedAds.com makes no representations or
warranties, express or implied, to any actual or prospective purchaser
or owner of any item as to the existence, ownership, or condition of
the item or as to the accuracy or completeness of any information about
the item contained in the Site. You acknowledge that any reliance upon
any such materials shall be at your sole risk. LinkedAds.com reserves
the right, in its sole discretion, to correct any error or omission
in any portion of the Site.
C. LinkedAds.com makes no representations or warranties, express or
implied, that use of the Site is safe and cannot guarantee than any
file(s) or web page(s) available for downloading from the Site will
be free from viruses, trojan horses, worms, time bombs, uniform, or
other computer programming routines that are intended to damage, interfere
with, surreptitiously intercept or expropriate any system, data, or
personal information of any user of the Site.
D. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. NEITHER
LINKEDADS.COM, NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
EMPLOYEES, THIRD PARTY PARTNERS, CONTENT PROVIDERS OR LICENSORS, MAKES
ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, ANY
ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF
THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS AND LINKEDADS.COM
SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. LINKEDADS.COM,
ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES, THIRD PARTY
PARTNERS, CONTENT PROVIDERS OR LICENSORS SHALL IN NO EVENT BE LIABLE
FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM
OR CAUSED BY USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LOSSES
RELATED TO: YOUR USE OR INABILITY TO USE THE SITE; ANY ERRORS, OMISSIONS
OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION
OR COMPUTER VIRUSES.
IV. USER RELATIONSHIP.
You and LinkedAds.com are and shall remain independent contractors,
and shall not be
deemed to have an employer-employee, joint venturer, partnership, or
franchisor-franchisee relationship for any purpose whatsoever. Accordingly,
you shall be exclusively responsible for the manner in which you perform
your duties under this Agreement and for the profitability or lack thereof
of your activities under this Agreement. All financial obligations associated
with your business are your own responsibility and you may not represent
yourself as having any right or authority to obligate or bind LinkedAds.com
in any manner whatsoever. The payment of any and all sales or other
tax, arising out of a transaction on this site, shall be the sole responsibility
of the users of this site, and such users shall pay any such applicable
V. REVISIONS TO THIS AGREEMENT.
LinkedAds.com may amend this Agreement at any time without notice by
updating this posting. By using the Site, you agree to be bound by any
such revisions and should therefore periodically visit the Site to determine
the then current terms and conditions of use to which you are bound.
A. Governing Law and Choice of Forum.
This Agreement shall be governed by, construed, interpreted and the
rights of the parties determined in accordance with the laws of the
State of West Virginia. All claims and disputes relating to or arising
out of this Agreement shall be brought in a federal or state court situated
in the State of West Virginia. Each of the parties agrees to submit
to the jurisdiction of such courts for all purposes of this Agreement.
B. Entire Agreement. This Agreement constitutes the entire agreement
and understanding of the parties relating to the subject matter hereof
and supersedes all prior and contemporaneous agreements and understandings,
representations and warranties, whether oral or written, relating to
the subject matter hereof. The terms of this Agreement cannot be changed,
modified, released or discharged orally.
C. Severability. If a court of competent jurisdiction determines that
any clause or provision of this Agreement is void, illegal, or unenforceable,
the other clauses and provisions of the Agreement shall remain in full
force and effect and the clauses and provisions which are determined
to be void, illegal, or unenforceable shall be limited so that they
shall remain in effect to the extent permissible by law.
D. Headings. The headings of the sections and subsections contained
in this Agreement are for reference purposes only and shall not in any
way affect the meaning, interpretation, enforceability or validity of
F. Notices. Except as explicitly stated otherwise, any notices shall
be sent via E-mail to info@LinkedAds.com
(in the case of LinkedAds.com) or to the E-mail address you provide
to LinkedAds.com during the registration process (in your case), or
such other address as the party shall specify. Notice shall be deemed
given twenty-four (24) hours after E-mail is sent, unless the sending
party is notified that the E-mail address is invalid. Alternatively,
LinkedAds.com may give you notice by certified mail, postage prepaid
and return receipt requested, to the address provided to LinkedAds.com
during the registration process. In such case, notice shall be deemed
given three (3) days after the date of mailing.
G. Access to Site. LinkedAds.com does not guarantee continuous, uninterrupted
or secure access to the Site, and the operation of the Site may be interfered
with by numerous factors outside of our control.