Terms of Service
1. Acceptance of Terms
WickenburgClassifieds.com provides its Service (defined below) to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. Use of the Service is strictly voluntary. By using the Service, you accept and agree to be bound by the TOS.
2. Description of Service
WickenburgClassifieds.com provides users with access to a collection of resources, including, reading and submitting of classified advertisements, various communications tools, blogs and forums, shopping and selling services, email subscriptions, Widgets, and search services through its Web sites (hereinafter, the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that the Service may include certain communications from us, such as service announcements, administrative messages, and our newsletter, and that these communications are considered part of using the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Web sites, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that WickenburgClassifieds.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. If the service or products that You purchase includes the use of a domain name, You acknowledge and agree that WickenburgClassifieds.com (or one of its affiliates) is the registrant and owner of the domain and You will not have the right to use the domain name except in association with the Service. You may request to purchase the domain name at a price negotiated between You and WickenburgClassifieds.com (or its affiliate). If such a purchase is completed, You agree to pay a transfer fee of $250 to WickenburgClassifieds.com as a condition of the purchase.
3. Duties of the User
By using the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s form or by employees of WickenburgClassifieds.com when in the normal course of their duties and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is so, we have the right to suspend or terminate your access to the Service and refuse any and all current or future use of the Service (or any portion thereof).
You also represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
5. Password Security
For access to some areas of the Service, you may receive a password and account designation (usually your email address). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WickenburgClassifieds.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not WickenburgClassifieds.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. WickenburgClassifieds.com does not guarantee the accuracy, integrity or quality of any Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
By posting Content via the Service, you represent and warrant that (a) such Content is non-confidential; (b) you have all necessary rights to post such Content and to grant the rights to WickenburgClassifieds.com that you grant in these TOS; (c) such Content is accurate and not misleading or harmful in any manner; (d) such Content, and its use and posting thereof in connection with the Service, does not and will not violate these TOS or any applicable local, state, national or international statute, regulation, or law.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 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”;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a WickenburgClassifieds.com employee, sponsors, or advertisers, or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate marketing,” or any other form of solicitation.
- advertise 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 in the United States;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- upload, post, email, transmit or otherwise make available any material 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;
- 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 WickenburgClassifieds.com 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 our websites;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass another;
- collect or store personal data about other users;
- 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).
You acknowledge that WickenburgClassifieds.com may or may not pre-screen Content, but that WickenburgClassifieds.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, move, edit, monitor, or refuse any Content that is available via the Service or any user conduct. Without limiting the foregoing, WickenburgClassifieds.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable, in the sole discretion of WickenburgClassifieds.com. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created or made available by WickenburgClassifieds.com or submitted to us, including without limitation information found in all parts of the Service.
You acknowledge, consent and agree that we may access, collect, preserve, analyze and disclose your account information and Content.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You are solely responsible for creating backup copies and replacing any of your Content at your sole cost and expense.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by WickenburgClassifieds.com and/or content providers who provide content to the Service. You agree not to attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. Intellectual Property
The Service is protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by us and which are protected under the laws of United States, foreign jurisdictions, and/or 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 Service 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.
WickenburgClassifieds.com permits you to create and display on your website a text hyperlink to individual postings on the Service so long as such use is for noncommercial or news reporting purposes only (e.g., for use in personal web sites or personal online media). WickenburgClassifieds.com does not claim ownership of Content that its users post. By posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to WickenburgClassifieds.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, edit, 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 to indemnify and hold WickenburgClassifieds.com, and its subsidiaries, affiliates, parent entities, suppliers, licensors, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. General Practices Regarding Use and Storage
You acknowledge that WickenburgClassifieds.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, message board postings or other uploaded Content will be retained or made available by the Service, the maximum number of messages that may be sent from or received by a user on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that WickenburgClassifieds.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to modify these general practices and limits from time to time.
11. Modifications of Service
WickenburgClassifieds.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. No refunds will be issued.
You agree that WickenburgClassifieds.com may, under certain circumstances and without prior notice, immediately terminate your use of the Service and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your use includes (a) removal of access to all offerings within the Service, including but not limited to ad posting, message boards, alerts, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your use or access to the Service. Also, you understand and agree that you shall receive no refund or exchange for any unused time on your advertising, any fees, any Content associated with your use of the Service, or for anything else.
13. Dealings with Advertisers and Purchasers
Your correspondence, interactions, or business dealings with, or participation in promotions of, advertisers, purchasers, businesses, and individuals found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, purchaser, business, or individual. You agree that WickenburgClassifieds.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and purchasers on the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
If there is a dispute between users of the Services, or between users and any third party, you understand and agree that WickenburgClassifieds.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release WickenburgClassifieds.com, its subsidiaries, affiliates, parent entities, officers, employees, 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. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”
14. Links to External Content
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WickenburgClassifieds.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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. Charges and Fees
You authorize WickenburgClassifieds.com and any payment processing service provider we may engage to charge your debit or credit card for any advertisements or other services or products you purchase through your use of the Service. You agree to pay the total in accordance with the agreement governing use of such card. If You have agreed to automatic renewal, You authorize WickenburgClassifieds.com to charge renewals without further notice until You cancel. You may only cancel by calling WickenburgClassifieds.com at (928) 487-1259. Cancellation by email or other means shall not be valid. You represent and warrant that you are the only one who will use your credit card in connection with the Service, and you shall be responsible for any and all uses of your credit card. All sales are final and not refundable. No prorations will be made for early cancellation. Charges will appear as WickenburgClassifieds.com. To dispute or cancel any erroneous charge, you must contact us at email@example.com.
16. Submissions to WickenburgClassifieds.com
All ideas, comments, suggestions, documents, proposals, or contest or sweepstakes entries you send to through the Service (collectively, “Submissions”) shall become our property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant WickenburgClassifieds.com an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submission throughout the universe in any media, now known or hereafter devised. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. WickenburgClassifieds.com shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WickenburgClassifieds.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WickenburgClassifieds.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WickenburgClassifieds.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WickenburgClassifieds.com AND ITS affiliates, subsidiaries, parent entities, suppliers, OR licensors, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WickenburgClassifieds.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
WickenburgClassifieds.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
22. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
WickenburgClassifieds.com respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide us the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By phone: 928-487-1259
By email: firstname.lastname@example.org
WickenburgClassifieds.com may make available code for use with the Service that users may incorporate into their web applications (“Widget”). WickenburgClassifieds.com grants you a limited, non-transferable, royalty-free license to use the Widget for your personal use in connection with the promotion of the Service. You are responsible for your application and its content and all uses you make of a Widget. This includes ensuring your application or use of a Widget meets our published standards for use. You will not sell, transfer, or sublicense our Widget to anyone.
24. General Information
Entire Agreement. The TOS constitute the entire agreement between you and WickenburgClassifieds.com and govern your use of the Service, superseding any prior version of this TOS between you and WickenburgClassifieds.com.
Choice of Law and Forum. The TOS and the relationship between you and WickenburgClassifieds.com shall be governed by the laws of the United States of America without regard to its conflict of law provisions. All claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS or the Service shall be brought exclusively in the state or federal courts of United States of America. You and WickenburgClassifieds.com agree to submit to the personal jurisdiction of such courts and shall not contest jurisdiction or the venue of such courts or the convenience of the forum.
Waiver and Severability of Terms. The failure of WickenburgClassifieds.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
Statute of Limitations. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.