Terms and Conditions
1. ACCEPTANCE OF TERMS
Oregon-Classified.com. welcomes you, and provide our services to you,
subject to the following Terms of Service ("TOS"), which may
be updated by us from time to time without notice to you. You can review
the most current version of the TOS at any time. In addition, when using
particular Oregon-Classified.com owned or operated services, you and Oregon-Classified.com
shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or
rules (including but not limited to our Spam Policy) are hereby incorporated
by reference into the TOS. We may also offer other services that are governed
by different Terms of Service.
2. DESCRIPTION OF SERVICE
Oregon-Classified.com provides users with access to both free and paid
classified services. You also understand and agree that our service may
include advertisements and that these advertisements are necessary for
Oregon-Classified.com to provide these services. You also understand and
agree that our service may include certain communications from Oregon-Classified.com,
such as service announcements, administrative messages news, advertisements,
and billing, and that these communications are considered part of Oregon-Classified.com
membership and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment or enhance
our current service, shall be subject to the TOS.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Oregon-Classified.com has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, Oregon-Classified.com has the right to suspend or terminate
your account and refuse any and all current or future use of our services
(or any portion thereof). Oregon-Classified.com is concerned about the
safety and privacy of all its users, particularly children. For this reason,
parents of children under the age of 13 who wish to allow their children
access to this service must create an account for their child, supervise
its use, and claim sole responsibility for all obligations that child
may incur. When you create a Oregon-Classified.com Account and allow your
child use of the account, you certify that you are at least 18 years old
and that you are the legal guardian of the child/children who will be
using the account. By allowing a child to use your account, you also give
your child permission to access all of the services including, posting
ads, replying to ads, and messaging (among others). Please remember that
the Service is designed to appeal to a broad audience. Accordingly, as
the legal guardian, it is your responsibility to determine whether any
of the Services and/or Content (as defined in Section 6 below) are appropriate
for your child.
4. Oregon-Classified.com PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy policy
at http://www.oregon-classified.com/static_pages/privacy.htm. You understand
that through your use of the Service you consent to the collection and
use (as set forth in the Privacy Policy) of this information, including
the digital/electronic transfer of this information to various storage
mediums, processing, and use by Oregon-classified.com.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
service's registration process. 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 Oregon-classified.com 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. Oregon-classified.com
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER 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 Oregon-classified.com, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via
the Service. Oregon-classified.com does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable,
though we make every attempt to locate and remove such content. Under
no circumstances will Oregon-classified.com 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.
You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a
Oregon-classified.com official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
5. 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);
6. upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (classified ads)
that are designated for such purpose (please read our complete Spam Policy);
8. 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;
9. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
10. 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;
11. 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;
12. 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;
13. "stalk" or otherwise harass another; and/or
14. collect or store personal data about other users in connection with
the prohibited conduct and activities set forth in paragraphs a through
n above.
You acknowledge that Oregon-classified.com may or may not pre-screen
Content, but that Oregon-classified.com and its designees shall have the
right (but not the obligation) in their sole discretion to pre-screen,
refuse, or move any Content that is available via the Service. Without
limiting the foregoing, Oregon-classified.com and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. 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 by Oregon-classified.com
including without limitation information in Oregon-classified.com classified
ads, and in all other parts of the Service.
You acknowledge, consent and agree that Oregon-classified.com may access,
preserve, and disclose your account information and Content if required
to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the TOS; (c) respond to claims that any Content violates the
rights of third-parties; (d) respond to your requests for customer service;
or (e) protect the rights, property, or personal safety of Oregon-classified.com,
its users and the public.
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 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 Oregon-classified.com
and/or content providers who provide content to the Service. You may not
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. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Oregon-classified.com does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas
of the Service, you grant Oregon-classified.com the following world-wide, royalty
free and non-exclusive license(s), as applicable:
* With respect to Content you submit or make available for inclusion
on publicly accessible areas of Oregon-classified.com Groups, the license to
use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purposes of providing
and promoting the specific Oregon-classified.com Group to which such Content
was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and will
terminate at the time you remove or Oregon-classified.com removes such Content
from the Service.
* With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the Service other
than Oregon-classified.com Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the
Service solely for the purpose for which such Content was submitted or
made available. This license exists only for as long as you elect to continue
to include such Content on the Service and will terminate at the time
you remove or Oregon-classified.com removes such Content from the Service.
* With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible areas
of the Service other than Oregon-classified.com Groups, the perpetual, irrevocable
and fully sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into other
works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas
of the Oregon-classified.com network of properties that are intended by Oregon-classified.com
to be available to the general public. By way of example, publicly accessible
areas of the Service would include Oregon-classified.com Message Boards and
portions of Oregon-classified.com Groups, Photos and Briefcase that are open
to both members and visitors. However, publicly accessible areas of the
Service would not include portions of Oregon-classified.com Groups that are
limited to members, Oregon-classified.com services intended for private communication
such as Oregon-classified.com Mail or Oregon-classified.com Messenger, or areas
off of the Oregon-classified.com network of properties such as portions of
World Wide Web sites that are accessible through via hypertext or other
links but are not hosted or served by Oregon-classified.com.
9. INDEMNITY
You agree to indemnify and hold Oregon-classified.com, and its subsidiaries,
affiliates, 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. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service (including your
Oregon-classified.com I.D.), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Oregon-classified.com may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk space
that will be allotted on Oregon-classified.com's 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 Oregon-classified.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 Oregon-classified.com reserves the right
to log off accounts that are inactive for an extended period of time.
You further acknowledge that Oregon-classified.com reserves the right to modify
these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
Oregon-classified.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 Oregon-classified.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that Oregon-classified.com may, under certain circumstances and
without prior notice, immediately terminate your Oregon-classified.com account,
any associated email address, 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
(self-initiated account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, (f) extended periods of inactivity, (g) you have engaged
in fraudulent or illegal activities, and/or (h) nonpayment of any fees
owed by you in connection with the Services. Termination of your Oregon-classified.com
account includes (a) removal of access to all offerings within the Service,
including but not limited to Oregon-classified.com Mail, Groups, Messenger,
Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts
and Games, (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 Oregon-classified.com's sole
discretion and that Oregon-classified.com shall not be liable to you or any
third-party for any termination of your account, any associated email
address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers 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. You agree that Oregon-classified.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 on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Oregon-classified.com has no control
over such sites and resources, you acknowledge and agree that Oregon-classified.com
is 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 Oregon-classified.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.
16. Oregon-classified.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by Oregon-classified.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY
DISCLAIM 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.
2. Oregon-classified.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.
3. 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Oregon-classified.com OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED
EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES
OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,
CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE
USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Oregon-classified.com 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 Oregon-classified.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. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections
17 and 18 again. They go doubly for you. In addition, for this type of
information particularly, the phrase "Let the investor beware"
is apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing purposes.
Oregon-classified.com and its licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any information transmitted
or made available via the Service, and shall not be responsible or liable
for any trading or investment decisions made based on such information.
21. 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.
22. NOTICE
Oregon-classified.com may provide you with notices, including those regarding
changes to the TOS, by either email, regular mail, or postings on the
Service.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Oregon-classified.com respects the intellectual property of others, and we
ask our users to do the same. Oregon-classified.com may, in appropriate circumstances
and at its 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 Oregon-classified.com's
Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where the material that you claim is infringing is
located on the site;
4. your address, telephone number, and email address;
5. 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;
6. 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.
Oregon-classified.com's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Oregon-classified.com.
PO Box 282 Alsea, OR 97324
By email: copyright@oregon-classified.com
25. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you
and Oregon-classified.com and governs your use of the Service, superseding
any prior agreements between you and Oregon-classified.com with respect to
the Service. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other Oregon-classified.com
services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
Oregon-classified.com shall be governed by the laws of the State of Oregon
without regard to its conflict of law provisions. You and Oregon-classified.com
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Benton, Oregon.
Waiver and Severability of Terms. The failure of Oregon-classified.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.
No Right of Survivorship and Non-Transferability. You agree that your
Oregon-classified.com account is non-transferable and any rights to your Oregon-classified.com
I.D. or contents within your account terminate upon your death. Upon receipt
of a copy of a death certificate, your account may be terminated and all
contents therein permanently deleted.
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.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
26. VIOLATIONS
Please report any violations of the TOS to admin@oregon-classified.com.