Terms of Use
DartmouthClassifieds.com Classifieds Access Agreement
Please read this Agreement carefully before using the DartmouthClassifieds.com Classifieds.
As a condition to and in consideration of receiving and accessing the DartmouthClassifieds.com Classifieds, the User agrees to be bound by the terms of this
Agreement. Use of or access to the DartmouthClassifieds.com Classifieds shall constitute
acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT
WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE DartmouthClassifieds.com Classifieds.
If you have any questions about this Agreement, please contact us via
e-mail at webmaster@secureclassifieds.com
DartmouthClassifieds.com Classifieds Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between DartmouthClassifieds.com and any individual, corporation, association, agency, company, or other
entity who accesses or uses the DartmouthClassifieds.com Classifieds (the "User"
or "you").
The DartmouthClassifieds.com Classifieds, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow users to post classified ads and/or to view classifieds ads posted by other users or interact with those users. The DartmouthClassifieds.com Classifieds is owned and operated by DartmouthClassifieds.com The DartmouthClassifieds.com Classifieds contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, photos and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the DartmouthClassifieds.com Classifieds that can be modified by Users, such as posting ads, uploading images and registering user profiles.
1. User Rights and Responsibilities
1.1 Access to the DartmouthClassifieds.com Classifieds.
You are responsible for providing all hardware, software, telephone or
other communications equipment and/or service to connect to the Internet
and access the DartmouthClassifieds.com Classifieds and are responsible for all Internet
access charges, telephone charges or other fees or charges incurred in
connecting to the Internet and accessing the DartmouthClassifieds.com Classifieds.
1.2 User Conduct.
You agree to access and use the DartmouthClassifieds.com Classifieds only for lawful
purposes. You are solely responsible for the knowledge of and adherence
to any and all laws, statutes, rules and regulations, pertaining to (i)
your use of the DartmouthClassifieds.com Classifieds, including any Interactive Area,
(ii) the use of any networks or other services connected to the DartmouthClassifieds.com Classifieds, and (iii) the communications means by which you connect your
modem, computer, or other equipment to the DartmouthClassifieds.com Classifieds. By
accessing the DartmouthClassifieds.com Classifieds, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the DartmouthClassifieds.com Classifieds;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 DartmouthClassifieds.com Classifieds content.
(a) You acknowledge that Content on the DartmouthClassifieds.com Classifieds is generally
provided by the DartmouthClassifieds.com Classifieds, individual contributors of Content
("Contributors"), third party licensees, and/or other Users.
You acknowledge that the DartmouthClassifieds.com Classifieds permits access to Content
that is protected by copyrights, trademarks, and other proprietary (including
intellectual property) rights ("Intellectual Property Rights"),
and that these Intellectual Property Rights are valid and protected in
all media existing now or later developed and except as is explicitly
provided below, your use of Content shall be governed by applicable copyright
and other intellectual property laws. You acknowledge that the DartmouthClassifieds.com Classifieds owns a copyright in the "look and feel," i.e., the
selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "The DartmouthClassifieds.com Classifieds" and its URL address. You acknowledge that the DartmouthClassifieds.com Classifieds, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish,
reproduce or distribute, on or through the DartmouthClassifieds.com Classifieds only
Content that is not subject to any Intellectual Property Rights, or Content
in which any holder of Intellectual Property Rights has given express
authorization for distribution over the Internet and on the DartmouthClassifieds.com Classifieds, without restriction whatsoever. Any Content submitted with
the consent of a copyright owner other than you should contain a phrase
such as "Copyright owned by [name of owner]; Used by Permission."
By submitting Content to any Interactive Area, you automatically grant
and/or warrant that the owner of such Content, whether it be You or a
third party, has expressly granted to the DartmouthClassifieds.com Classifieds the
royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, sublicense, distribute, perform, and display
such Content, in whole or in part, worldwide and/or to incorporate it
in other works in any form, media, or technology now known or later developed
for the full term of any Intellectual Property Rights that may exist in
such Content. You also permit the DartmouthClassifieds.com Classifieds to sublicense
to third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to such Content. You also permit any User
to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that the DartmouthClassifieds.com Classifieds may include various interactive
areas ("Interactive Areas"), including but not limited to classified
ads. These Interactive Areas allow feedback to the DartmouthClassifieds.com Classifieds
and real-time interaction between users. You further understand that the DartmouthClassifieds.com Classifieds does not control the messages, information, or
files delivered to such Interactive Areas and that the DartmouthClassifieds.com Classifieds
may offer you and other Users the capability of creating and managing
an Interactive Area. However, neither the DartmouthClassifieds.com Classifieds, its
subsidiary and parent companies, or affiliates, nor their respective directors,
officers, employees and agents are responsible for Content within any
Interactive Area. Your use and/or management of an Interactive Area will
be governed by this Agreement and any additional rules or operating procedures
of any Interactive Area established by you or another User, as applicable.
You recognize that the DartmouthClassifieds.com Classifieds cannot, and does not intend
to, screen communications in advance. Moreover, because the DartmouthClassifieds.com Classifieds encourages open and candid communication in the Interactive
Areas, the DartmouthClassifieds.com Classifieds cannot determine in advance the accuracy
or conformance to this Agreement of any Content transmitted in an Interactive
Area. The DartmouthClassifieds.com Classifieds is not responsible for screening, policing,
editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding
the above, you agree that the DartmouthClassifieds.com Classifieds has the right to
monitor any Interactive Area, from time to time and to disclose any information
as necessary to satisfy any law, regulation or other governmental request,
to operate the Interactive Area, or to protect itself or other Users.
If notified of Content that is alleged not to conform to this Agreement,
the DartmouthClassifieds.com Classifieds may investigate the allegation and determine
in its sole discretion whether to remove or request the User to remove
such Content. The DartmouthClassifieds.com Classifieds reserves the right to prohibit
conduct, communication or Content within an Interactive Area, or to edit,
refuse to post, or to remove any Content, in whole or in part, which it
deems in its sole discretion to (i) violate the then-standard provisions
of this Agreement or any other standard, written DartmouthClassifieds.com Classifieds
policy in effect at that time, (ii) be harmful to the rights of any User,
the DartmouthClassifieds.com Classifieds, or other third parties, (iii) violate applicable
law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies, guidelines,
or practices of the DartmouthClassifieds.com Classifieds in operating the DartmouthClassifieds.com Classifieds, or any change in Content, is for you to discontinue accessing
the DartmouthClassifieds.com Classifieds. The DartmouthClassifieds.com Classifieds may terminate
or temporarily suspend your access to all or any part of the DartmouthClassifieds.com Classifieds, without notice, for conduct that the DartmouthClassifieds.com Classifieds
believes is a violation of this Agreement or any policies or guidelines
posted by the DartmouthClassifieds.com Classifieds, or for other conduct which the DartmouthClassifieds.com Classifieds believes, in its sole discretion, is harmful to
the DartmouthClassifieds.com Classifieds or other Users. The DartmouthClassifieds.com Classifieds
may discontinue operating the DartmouthClassifieds.com Classifieds and terminate this
Agreement without notice at any time for any reason in its sole discretion.
In the event of termination, you are no longer authorized to access the DartmouthClassifieds.com Classifieds, including the Interactive Areas, and the restrictions
imposed on you with respect to Content downloaded from the DartmouthClassifieds.com Classifieds, as well as the disclaimers and limitations of liabilities
set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services
expressly available at the DartmouthClassifieds.com Classifieds, neither the DartmouthClassifieds.com Classifieds, its subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents controls, provides,
or is responsible for any Content, goods or services available through
sites on the Internet linked to or from the DartmouthClassifieds.com Classifieds. All
such Content, goods and services are made accessible on the Internet by
independent third parties and are not part of the DartmouthClassifieds.com Classifieds
or controlled by the DartmouthClassifieds.com Classifieds. The DartmouthClassifieds.com Classifieds
neither endorses nor is responsible for the accuracy, completeness, usefulness,
quality or availability of any Content, goods or services available on
any site linked to or from the DartmouthClassifieds.com Classifieds, which are the
sole responsibility of such independent third parties, and your use thereof
is solely at your own risk. Neither the DartmouthClassifieds.com Classifieds, its subsidiary
and parent companies, or affiliates, or their respective directors, officers,
employees, and agents shall be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been caused
by your use of or reliance on any Content, goods or services available
on any site linked to or from the DartmouthClassifieds.com Classifieds or your inability
to access the Internet or any site linked to or from the DartmouthClassifieds.com Classifieds.
5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the DartmouthClassifieds.com Classifieds. It is the policy of the DartmouthClassifieds.com Classifieds not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DartmouthClassifieds.com classifieds IS AT YOUR SOLE RISK. NEITHER THE DartmouthClassifieds.com classifieds NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE DartmouthClassifieds.com classifieds OR ANY INTERNET SITE LINKED TO OR FROM THE DartmouthClassifieds.com classifieds WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DartmouthClassifieds.com classifieds OR ANY INTERNET SITE LINKED TO OR FROM THE DartmouthClassifieds.com classifieds OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE DartmouthClassifieds.com classifieds OR ANY SITE LINKED TO OR FROM THE DartmouthClassifieds.com classifieds. THE DartmouthClassifieds.com classifieds IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE DartmouthClassifieds.com classifieds, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE DartmouthClassifieds.com classifieds, OR ANY INTERNET SITE LINKED TO OR FROM THE DartmouthClassifieds.com classifieds, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE DartmouthClassifieds.com classifieds, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE DartmouthClassifieds.com classifieds OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE DartmouthClassifieds.com classifieds. THE CONTENT WITHIN THE DartmouthClassifieds.com classifieds AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE DartmouthClassifieds.com classifieds MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE DartmouthClassifieds.com classifieds AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE DartmouthClassifieds.com classifieds AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE DartmouthClassifieds.com classifieds IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY DartmouthClassifieds.com classifieds SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE DartmouthClassifieds.com classifieds, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DartmouthClassifieds.com classifieds.
6. Indemnity
You agree to indemnify and hold the DartmouthClassifieds.com Classifieds, its parent
or subsidiary companies and their affiliates, and their respective directors,
officers, employees, and agents from any and all liabilities, claims and
expenses, including reasonable attorneys fees, arising from breach of
this Agreement, any other policy, your use or access of the DartmouthClassifieds.com Classifieds or any Internet site linked to or from the DartmouthClassifieds.com Classifieds,
or in connection with the transmission of any Content on the DartmouthClassifieds.com Classifieds.
7. Miscellaneous
This Agreement comprises the entire agreement between the DartmouthClassifieds.com Classifieds and you, and supersedes any prior agreements with respect
to the subject matter herein. The DartmouthClassifieds.com Classifieds may revise this
Agreement or any other policy at any time and from time to time, and such
revision shall be effective two (2) days upon posting notice of such revision
prominently on the DartmouthClassifieds.com Classifieds. You agree to review this Agreement
periodically to be aware of such revisions. If any such revision is unacceptable
to you, you must discontinue accessing the DartmouthClassifieds.com Classifieds. Your
continued accessing and use of the DartmouthClassifieds.com Classifieds following notice
of any such revision shall conclusively be deemed acceptance of all such
revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6
and 7 shall survive the termination or expiration of this Agreement. If
any provision of this Agreement or any other policy be held invalid or
unenforceable, that portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intention of the parties
and the remaining portions will continue in full force and effect. The
failure of the DartmouthClassifieds.com Classifieds to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. This Agreement shall be governed
by the laws of the state or province of domicile of the DartmouthClassifieds.com Classifieds,
excluding its conflict of laws rules, and you and the DartmouthClassifieds.com Classifieds
each submit to the exclusive jurisdiction of the courts of that state
or province. This Agreement is personal to you and you may not assign
your rights or obligations there under to anyone. All logos, brand names,
products, trademarks and service marks appearing herein may be the trademarks
or service marks of their respective owners. References to any trademark,
service mark and links to or from the DartmouthClassifieds.com Classifieds have been
done strictly for clarification and identification and does not constitute
endorsement by the DartmouthClassifieds.com Classifieds of the products, services or
information offered by the owner of such trademark, service mark or link
or endorsement of the DartmouthClassifieds.com Classifieds by such trademark, service
mark or link owner.
