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Terms Of Use


Agreement Between You and Index-Classifieds.com.
The following terms and conditions (the "Terms and Conditions") apply to all visitors or users of this Web site. By accessing this Web site, the user acknowledges acceptance of these Terms and Conditions. In the case of any violation of these Terms and Conditions, Index-Classifieds, Inc. and its subsidiaries and affiliates, reserve the right to seek all remedies available by law and in equity for such violations. Index-Classifieds.com is a technology platform owned and operated by Index-Classifieds, Inc. The classified advertisements and related services posted on Index-Classifieds.com are procured and provided by users of this Web site. All references to "Index-Classifieds.com", "we", or "us" include Index-Classifieds, Inc.

General Use Requirements; and Copyright.
All materials provided on this Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of Index-Classifieds.com and/or its vendors or suppliers. All Materials herein and all Index-Classifieds.com software are proprietary to Index-Classifieds.com and protected by worldwide copyright and other intellectual property laws. Except as mentioned herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Index-Classifieds.com.

Limited License.
Index-Classifieds.com hereby authorizes you to view, copy, download and print the Materials available on this Web site, provided that: (1) if you are a potential or actual buyer of a service or a product advertised on our Web site, the Materials are used exclusively for personal, non-commercial intentions and if you are a seller, the Materials are used only for the intentions of using the services expressly offered by Index-Classifieds.com; (2) the Materials are not modified or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Index-Classifieds.com.

Trademarks.
The trademarks, trade names and service marks (the "Marks") displayed on this Web site are the property of Index-Classifieds.com. Users are not permitted to copy or otherwise use these Marks without the prior written permission of Index-Classifieds.com.

Devices.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Index-Classifieds.com site or any listing, offer or transaction being conducted on our site. You agree that you will not take any action that enforces an unreasonable or disproportionately large load on our infrastructure.

No Illegal or Prohibited Use.
As a condition of your use of this Web site, you affirm to Index-Classifieds.com that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Web site in any way prohibited by these terms, conditions and notices.

Links to Third-Party Web Sites.
This Web site may contain links to Web sites operated by parties other than Index-Classifieds.com. Such hyperlinks are provided for reference only. Index-Classifieds.com does not control such Web sites and is not responsible for their contents. Index-Classifieds.com's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you choose to access any of the third party sites linked to this Web site, you do so entirely at your own risk.

General Disclaimer.
Although Index-Classifieds.com has attempted to provide precise information on the Web site, Index-Classifieds.com assumes no responsibility for the accuracy of the information. All information provided on this Web site is provided "as is" with all faults without warranty of any kind, either express or implied. Index-Classifieds.com hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid. If you are unsure about your purchase or sale, you are advised to seek the advice of competent legal counsel before you sign a contract or otherwise finalize the transaction.

Limitation on Legal Responsibility.
Neither Index-Classifieds.com nor any of its employees, vendors or suppliers will be accountable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Web site or any Index-Classifieds.com product, or damages from the use of or reliance on the information present on this Web site, even if Index-Classifieds.com has been advised of the possibility of such damages.

Modification of the Web Site.
Index-Classifieds.com (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Web site. Index-Classifieds.com may discontinue or revise any or all aspects of the Web site in its sole discretion and without prior notice.

Modification of These Terms of Use.
Index-Classifieds.com reserves the right to change the terms, conditions, and notices under which this Web site is offered at any time. Modification of this contract will be deemed effective upon publication on the Web site with respect to any Consumer or Seller actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

Severability.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Services Not Provided.
In connection with your use of Index-Classifieds.com's Web site and/or services, you acknowledge and agree as follows:

  1. Index-Classifieds.com does not participate in any actual transactions, including, without limitation, negotiations, discussions, or proposals between the parties;
  2. Index-Classifieds.com is not undertaking any, and has no, fiduciary duties to either Consumers or Sellers, including, without limitation, the obligation to verify the correctness of information contained in a preview of your listing or Offers;
  3. Index-Classifieds.com is not responsible for the content of, nor does it endorse, the third party Web sites to which you may link using this Web site;
  4. Index-Classifieds.com does not guarantee the accuracy of any information available on this Web site, and is not responsible for any errors, omissions, or misrepresentations, whether made by Consumers or otherwise and all information obtained on this Web site or from Consumers must be verified independently;
  5. Index-Classifieds.com may make changes to its products and/or services and this Web site at any time and without notifying you or receiving your consent; and
  6. Index-Classifieds.com does not monitor transmissions of information by Consumers and Sellers and thus assumes no liability for Consumers' and/or Sellers' failures to comply with such laws.

Content Guidelines / Prohibited Uses.
Content Guidelines: You agree not to post, upload or transmit to Index-Classifieds.com servers any communications, text, graphics or other information you provide to us or other users in the course of using this Web site, including, but not limited to, any public message area or through any E-mail feature that:

  1. Is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;
  2. Defames, abuses, harasses or threatens others;
  3. Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  4. Advocates or encourages any illegal activity;
  5. Infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party;
  6. Violates the privacy of individuals, including other users of Index-Classifieds.com; and
  7. Violates any applicable local, state, national, or international law.
Index-Classifieds.com in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the Web site without prior notice, any material that it believes to be non-complying or otherwise objectionable for any reason. Index-Classifieds.com may take action with respect to the Material if you cause Index-Classifieds.com to lose (in whole or in part) the services of our ISP's or other suppliers.

Privacy Declaration.
Any communication, information or other material you transmit or post to Index-Classifieds.com, by electronic mail or otherwise (other than personally identifiable information about you), including any answers to questions, comments, suggestions, or other data supplied by you is, and will be treated as, non-confidential and non-proprietary. You hereby grant to a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting. Index-Classifieds.com use of personally identifiable information, as well as Index-Classifieds.com use of cookies and other tracking methods, is governed by the terms of Index-Classifieds.com Privacy Policy. By accepting the Terms of Use, you expressly consent to disclosures of such personally identifiable and other personal information to third parties, and to Index-Classifieds.com use of your information, as enumerated in Index-Classifieds.com then-current privacy policy, which is incorporated herein by reference. Because Index-Classifieds.com Privacy Policy may change from time to time, you should also review it regularly for updates.

Index-Classifieds.com does not sell, share, or in any other way transmit personally identifiable information (names, address, phone numbers, etc.) to any outside persons.

Membership Eligibility
Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are only available to minors under the supervision of the minor's parent/legal guardian. By using this site you warrant that you are at least eighteen (18) years of age.

Your account and Username may not be transferred or sold to another party.

You agree that, with respect to other users' personally identifiable information that you obtain through the Web site or through a Index-Classifieds' related communication, Index-Classifieds hereby grants to you a license to use such information only for Index-Classifieds related communications that are not unsolicited commercial messages and for completing the transaction in question.

Termination.
Index-Classifieds.com reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, Index-Classifieds.com may terminate your use of the Services or access to Index-Classifieds.com immediately and without notice if:
  1. You breach the Terms of Use;
  2. You violate the intellectual property rights of a third party in connection with the services;
  3. Index-Classifieds.com is unable to verify or authenticate any information you provide to it;
  4. Any material uploaded or transmitted by you to Index-Classifieds.com violates any applicable laws or rights of any third party; or
  5. You share or distribute your username and/or password to a third party.

Miscellaneous.
Your sole remedy for any breach of these Terms of Use by Index-Classifieds.com shall be an action at law for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of Index-Classifieds.com, or any breach of these Terms of Use by Index-Classifieds.com. These Terms of Use constitute the entire understanding of you and Index-Classifieds.com with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and Index-Classifieds.com. The provisions of these Terms of Use are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and Index-Classifieds.com as reflected in the original provision. Any delay or failure on the part of Index-Classifieds.com to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time. You indemnify and hold harmless Index-Classifieds.com, and the officers, directors, employees, partners, principals, agents and representatives of Index-Classifieds.com, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Use. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations.

Assignment
In the event of a merger or consolidation of Index-Classifieds.com, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

Entire Agreement
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

Warranties and Representations.
You represent and warrant that:

  1. You have full right and power to enter into and perform these Terms of Use, and have secured all third party consents necessary to enter into these Terms of Use;
  2. All factual assertions that you have made and will make to Index-Classifieds.com are true and complete; and
  3. You are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to the Terms of Use.