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1. Acceptance of User Agreement and Amendments:
Each time you use or cause access to this B2B Classified
Section of our web site, you agree to be bound by this
User Agreement, as amended from time to time with or
without notice to you. In addition, if you are using a
particular service on this web site or accessed via this
web site, you will be subject to any rules or guidelines
applicable to those services, and they will be
incorporated by reference within this User Agreement.
Please read the site's
Privacy policy,
which is incorporated within this User Agreement by
reference.
2. The Webmaster's Service:
This web site and the services provided to you on and
via this web site are provided on an "AS IS" basis. You
agree that the webmaster reserves the right to modify or
discontinue provision of this web site and its services,
and to remove the data you provide, either temporarily
or permanently, at any time, without notice and without
any liability towards you. The webmaster will not be
held responsible or liable for timeliness, removal of
information, failure to store information, inaccuracy of
information, or improper delivery of information.
3. Your Responsibilities and Registration Obligations:
In order to use this web site or certain parts of it,
you will be required to
register for a user account on this web site; in
this case, you agree to provide truthful information
when requested, and -- if a minimum age is required for
eligibility for a user account -- you undertake that you
are at least the required age. By registering for a user
account, you explicitly agree to this site's User
Agreement, including any amendments made by the
webmaster that are published herein.
4. Privacy Policy:
Registration data and other personally identifiable
information that the site may collect is subject to the
terms of this website's
Privacy Policy.
5. Registration and Password:
You are responsible for maintaining the confidentiality
of your password, and you will be responsible for all
usage of your user account and/or user name, whether
authorized or not authorized by you. You agree to
immediately notify the webmaster of any unauthorized use
of your user account, user name or password.
6. Your Conduct:
You agree that all information or data of any kind,
whether text, software, code, music or sound,
photographs or graphics, video or other materials
("content"), made available publicly or privately, will
be under the sole responsibility of the person providing
the said content, or of the person whose user account is
used. You agree that this web site may expose you to
content that may be objectionable or offensive. The
webmaster will not be responsible to you in any way for
content displayed on this web site, nor for any error or
omission.
By using
this web site or any service provided, you explicitly
agree that:
(a) you will not provide any content or conduct yourself
in any way that may be construed as: unlawful; illegal;
threatening; harmful; abusive; harassing; stalking;
tortious; defamatory; libelous; vulgar; obscene;
offensive; objectionable; pornographic; designed to
interfere with or disrupt the operation of this web site
or any service provided; infected with a virus or other
destructive or deleterious programming routine; giving
rise to civil or criminal liability; or in violation of
an applicable local, national or international law;
(b) you will not impersonate or misrepresent your
association with any person or entity; you will not
forge or otherwise seek to conceal or misrepresent the
origin of any content provided by you;
(c) you will not collect or harvest any information
about other users;
(d) you will not provide, and you will not use this web
site to provide, any content or service in any
commercial manner, or in any manner that would involve
junk mail, spam, chain letters, pyramid schemes, or any
other form of unauthorized advertising or commerce; you
will not use this web site to promote or operate any
service or content without the webmaster's prior written
consent;
(e) you will not provide any content that may give rise
to the webmaster being held civilly or criminally
liable, or that may be considered a violation of any
local, national or international law, including -- but
not limited to -- laws relating to copyrights,
trademarks, patents, or trade secrets.
7. Submission of Content on this Web Site:
By providing any content to this web site;
(a) you agree to grant the webmaster a worldwide,
royalty-free, perpetual, non-exclusive right and license
(including any moral rights or other necessary rights.)
to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to
create derivative works and compilations, in whole or in
part. Such license will apply with respect to any form,
media, technology already known at the time of provision
or developed subsequently;
(b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant
the webmaster the license specified in this section 7;
(c) you acknowledge and agree that the webmaster will
have the right (but not obligation), at the webmaster's
entire discretion, to refuse to publish, or to remove,
or to block access to any content you provide, at any
time and for any reason, with or without notice.
8. Third-party Services:
Goods and services of third parties may be advertised
and/or may be made available on or through this web
site. Representations made regarding products and
services provided by third parties will be governed by
the policies and representations made by these third
parties. The webmaster will not in any manner be liable
for or responsible for any of your dealings or
interaction with third parties.
9. Indemnification:
You agree to indemnify and hold harmless the webmaster
and the webmaster's representatives, subsidiaries,
affiliates, related parties, officers, directors,
employees, agents, independent contractors, advertisers,
partners, and co-branders, from any claim or demand,
including reasonable legal fees, that may be filed by
any third party, arising out of your conduct or
connection with this web site or service, your provision
of content, your violation of this User Agreement, or
any other violation by you of the rights of another
person or party.
10. DISCLAIMER OF WARRANTIES:
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE
AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE")
IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED
TO YOU "AS IS", AND THE WEBMASTER EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
THE
WEBMASTER MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS,
THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE,
RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER
IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY
MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT
NEITHER THE WEBMASTER NOR ANY PARTICIPANT IN THE SERVICE
PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY
ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB
SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE
WEBMASTER WILL NOT BE HELD LIABLE IN ANY WAY.
Some
jurisdictions may not allow disclaimers of implied
warranties, and certain statements in the above
disclaimer may not apply to you as regards implied
warranties; the other terms and conditions remain
enforceable notwithstanding.
11. LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBMASTER
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS
INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF THE WEBMASTER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE
OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE
COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH
SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD
PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR
(V) ANY OTHER MATTER RELATING TO SERVICES.
In some
jurisdictions, it is not permitted to limit liability
and, therefore, such limitations may not apply to you.
12. Reservation of Rights:
The webmaster reserves all of the webmaster's rights,
including but not limited to any and all copyrights,
trademarks, patents, trade secrets, and any other
proprietary right that the webmaster may have in respect
of this web site, its content, and goods and services
that may be provided. The use of the webmaster's rights.
and property requires the webmaster's prior written
consent. By making services available to you, the
webmaster is not providing you with any implied or
express licenses or rights, and you will have no rights
to make any commercial use of this web site or provided
services without the webmaster's prior written consent.
13. Notification
of Copyright Infringement:
If you
believe that your property has been used by another user in this Classified
section in any way that could be considered a copyright
infringement or a violation of your intellectual
property rights, please contact the
site administrator
at:
jack@beta-online.com
14. Applicable Law:
You agree that this User Agreement and any dispute
arising out of your use of this web site or products or
services provided will be governed by and construed in
accordance with local laws applicable at the webmaster's
domicile, notwithstanding any differences between the
said applicable legislation and legislation in force at
your location. By registering for a user account on this
web site, or by using this web site and the services it
provides, you accept that jurisdiction is granted to the
courts having jurisdiction over the webmaster's
domicile, and that any disputes will be heard by the
said courts.
15. Miscellaneous Information:
(i) In the event that any provision of this User
Agreement is deemed to conflict with legislation by a
court with jurisdiction over the parties, the said
provision will be interpreted to reflect the original
intentions of the parties in accordance with applicable
law, and the remainder of this User Agreement will
remain valid and applicable; (ii) The failure of either
party to assert any right under this User Agreement will
not be considered to be a waiver of that party's right,
and the said right will remain in full force and effect;
(iii) You agree that any claim or cause in respect of
this web site or its services must be filed within one
(1) year after such claim or cause arose, or the said
claim or cause will be forever barred, without regard to
any contrary legislation; (iv) The webmaster may assign
the webmaster's rights and obligations under this User
Agreement; in this event, the webmaster will be relieved
of any further obligation.
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