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{"id":25,"date":"2009-07-17T08:22:22","date_gmt":"2009-07-17T08:22:22","guid":{"rendered":"http:\/\/businessownerclassifieds.com\/?page_id=25"},"modified":"2009-08-08T23:14:59","modified_gmt":"2009-08-09T04:14:59","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/businessownerclassifieds.com\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"

By using this website, you agree to the acceptance of the following Terms of Use without exception or substitution.<\/p>\n

Please read the Terms of Use prior to using this website.<\/p>\n

Acceptance of Terms<\/strong><\/p>\n

Should you object to any term or condition in our Terms of Use or any guidelines or future updates to our Terms of Use or should you become dissatisfied with Business Owner Classifieds<\/a> in any way on account of your use of our classifieds, your only recourse is to immediately discontinue use of our classifieds.<\/p>\n

Business Owner Classifieds<\/a> will not be liable for any loss or damage arising from or related to your or any other party’s non-compliance with our classifieds Terms of Use.<\/p><\/blockquote>\n

Access to Classifieds<\/strong><\/p>\n

Subject to your compliance with the Terms of Use, you have limited, revocable, non-exclusive license to access our classifieds for your personal use only as a buyer or seller. You agree not to access or otherwise use our classifieds in connection with Posting Agents or collect, aggregate, copy, duplicate, display or make derivative use of our classifieds or use data mining, robots, spiders or similar data gathering and extraction tools for any purpose.<\/p>\n

Access beyond the scope described above authorizes Business Owner Classifieds<\/a> to immediately terminate your account without notice.<\/p><\/blockquote>\n

Associated Fees and Refunds
\n<\/strong><\/p>\n

We charge a fee to post listing in our classifieds. The fee is non-refundable.<\/p>\n

Therefore, you are responsible for ensuring your listing(s) are in compliance with the Terms of Use.<\/p>\n

In the event Business Owner Classifieds<\/a> chooses to refund fees, it will be done at our sole discretion.<\/p><\/blockquote>\n

Content<\/strong><\/p>\n

You agree and understand that all listings, messages, text files, images, photos, video, audio and other listed materials posted, transmitted through, or linked from our classifieds are the sole responsibility of the person or organization that posted the listing.<\/p>\n

Business Owner Classifieds<\/a> is not responsible for listings made available through our classifieds, while automated searches for specific keywords in listings to identify, prevent and block listings from our classifieds that violate our prohibited items take place, it does not guarantee or promise such material and listings will appear.<\/p>\n

Therefore, by using our classifieds, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.<\/p>\n

Business Owner Classifieds<\/a> does not claim ownership of content that its users post, by posting content to our classifieds, you automatically grant, and you represent and warrant that you have the right to grant, to Business Owner Classifieds<\/a> an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, copy, perform, display and distribute any Content you post to our classifieds and to prepare derivative works of, or incorporate into other works, the content, and to grant and authorize sub-licenses through multiple tiers of the foregoing. You also understand and agree that Business Owner Classifieds<\/a>, in its sole discretion, may refuse, move or delete any content for any reason, including without limitation, content posted in the incorrect category.<\/p><\/blockquote>\n

Disclaimer of Warranties<\/strong><\/p>\n

YOU EXPRESSLY AGREE THAT YOUR USE OF OUR CLASSIFIEDS OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR CLASSIFIEDS, INCLUDING WITHOUT LIMITATION, THE DOWNLOAD OF FILES, SOFTWARE AND\/OR ANY GRAPHICS OR OTHER CONTENT. OUR CLASSIFIEDS AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BUSINESS OWNER CLASSIFIEDS, AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER BUSINESS OWNER CLASSIFIEDS<\/a>, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT CLASSIFIEDS OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT CLASSIFIEDS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BUSINESS OWNER CLASSIFIEDS<\/a>, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CLASSIFIEDS OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CLASSIFIEDS OR THAT DEFECTS IN CLASSIFIEDS WILL BE CORRECTED. BUSINESS OWNER CLASSIFIEDS<\/a> DISCLAIMS ANY WARRANTIES FOR GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON CLASSIFIEDS OR ACCESSED THROUGH ANY LINKS ON CLASSIFIEDS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.<\/p><\/blockquote>\n

DMCA Notice<\/strong><\/p>\n

Business Owner Classifieds<\/a> takes all claims of copyright infringement seriously. All claims of infringement by third parties will be investigated to the best of our ability and appropriate actions taken under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), where applicable.<\/p><\/blockquote>\n

General Information<\/strong><\/p>\n

If any provision of this Classifieds Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.<\/p><\/blockquote>\n

Indemnity<\/strong><\/p>\n

You agree at your expense, to indeminfy, defend and hold Business Owner Classifieds<\/a>, its affiliates, agents and employees harmless from and against any loss, cost, damages, liability, and\/or expenses arising out of or relating to third party claims, actions or allegations of infringement of any patent, trademark, copyright, trade secret or other proprietary right based on information, data or content you submitted in connection with our classifieds, any fraud, manipulation or other breach of our classifieds Terms of Use by you, any listings or content placed by you or by third party through your email address on our classifieds or third party claims, actions or allegations brought against Business Owner Classifieds<\/a> arising out of your use of our classifieds.<\/p><\/blockquote>\n

Interactions with Organizations or Individuals<\/strong><\/p>\n

Business Owner Classifieds<\/a> shall not be held responsible or liable for interactions with any organizations and\/or individuals found through our classifieds. This includes, but is not limited to, interactions related to payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such interactions.<\/p>\n

These interactions are solely between you and such organizations and\/or individuals.<\/p>\n

You agree that Business Owner Classifieds<\/a> is not responsible for any damage or loss incurred as a result of any such interactions. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.<\/p>\n

If there are any defects with any items purchased using our classifieds, any returns must be made directly to the organization or individual from which you made the purchase.<\/p>\n

If you are a California resident, you waive California Civil Code Section 1542, which states: “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.”<\/p><\/blockquote>\n

Limitation and Termination of Service<\/strong><\/p>\n

You acknowledge that limits concerning use of our classifieds, including, without limitation, the maximum number of days that listings will be retained, the maximum number and size of listings, email messages, or other listings that may be transmitted or stored by our classifieds, and the frequency with which you may access our classifieds. You agree that Business Owner Classifieds<\/a> has no responsibility or liability for the deletion or failure to store listings maintained or transmitted by our classifieds. You acknowledge that Business Owner Classifieds<\/a> reserves the right at any time to modify or discontinue our classifieds or any part thereof with or without notice, and that Business Owner Classifieds<\/a> shall not be liable to you or to any third party for any modification, suspension or discontinuance of our classifieds.<\/p>\n

You agree that Business Owner Classifieds<\/a> in its sole discretion, has the right (but not the obligation) to delete or deactivate your listing, block your email or IP address, or otherwise terminate your access to or use of our classifieds (or any part thereof), immediately and without notice, and remove and discard any listings within our classifieds, for any reason, including, without limitation, if Business Owner Classifieds<\/a> believes that you have acted inconsistently with the Terms of Use. Further, you agree that Business Owner Classifieds<\/a> shall not be liable to you or any third-party for any termination of your access to our classifieds. Further, you agree not to attempt to use our classifieds after said termination.<\/p><\/blockquote>\n

Limitations of Liability<\/strong><\/p>\n

IN NO EVENT SHALL BUSINESS OWNER CLASSIFIEDS<\/a>, OR ANY OF ITS AFFILIATES, LICENSORS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE CLASSIFIEDS OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OR BUSINESS OPPORTUNITY, EVEN IF BUSINESS OWNER CLASSIFIEDS<\/a> HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, BUSINESS OWNER CLASSIFIEDS<\/a> SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY ACTION OF ANY THIRD PARTY OR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM CLASSIFIEDS. YOU AGREE THAT THE AGGREGATE LIABILITY OF BUSINESS OWNER CLASSIFIEDS<\/a> TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF CLASSIFIEDS OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO BUSINESS OWNER CLASSIFIEDS<\/a>, IF ANY, FOR ACCESS TO AND USE OF CLASSIFIEDS OR THE CONTENT. IF YOU HAVE NOT PAID BUSINESS OWNER CLASSIFIEDS<\/a> FOR ACCESS OR USE OF CLASSIFIEDS, BUSINESS OWNER CLASSIFIEDS<\/a> WILL HAVE NO LIABILITY TO YOU WHATSOEVER. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUSINESS OWNER CLASSIFIEDS<\/a> AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.<\/p><\/blockquote>\n

No Spam<\/strong><\/p>\n

You agree not to use our communications tools to send unsolicited emails to users and understand in doing so is expressly prohibited.<\/p><\/blockquote>\n

Posting Agents<\/strong><\/p>\n

A “Posting Agent” is a third party agent, service or intermediary that offers to post listings to our classifieds on behalf of others. Posting Agents are not permitted from posting listing unless they are granted expressed written permission from Business Owner Classifieds<\/a>.<\/p><\/blockquote>\n

Prohibited Items<\/strong><\/p>\n

You agree not to post, email or otherwise make available content or listings to our classifieds that Business Owner Classifieds<\/a> determines, defines or establishes as:<\/p>\n