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SellToMeNOW.com TERMS OF USE
The Service is protected to the maximum extent permitted by copyright laws and 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 site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of SellToMeNOW.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of SellToMeNOW.com, 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. SellToMeNOW.com is a registered mark in the U.S. Patent and Trademark Office. Although SellToMeNOW.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to SellToMeNOW.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, 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. Furthermore, by posting Content to any public area of the Service, you automatically grant SellToMeNOW.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. 16. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE SellToMeNOW.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SellToMeNOW.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SELLTOMENOW.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SellToMeNOW.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SellToMeNOW.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SELLTOMENOW.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SELLTOMENOW.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SellToMeNOW.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SellToMeNOW.com SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 17. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL SELLTOMENOW.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SELLTOMENOW.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SellToMeNOW.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SELLTOMENOW.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE SellToMeNOW.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SELLTOMENOW.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SELLTOMENOW.COM SITE OR THE SERVICE OR ANY LINKS ON THE SELLTOMENOW.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SellToMeNOW.com SITE OR THE SERVICE OR ANY LINKS ON THE SELLTOMENOW.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. 18. INDEMNITY You agree to indemnify and hold SellToMeNOW.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another. 19. GENERAL INFORMATION The TOU constitute the entire agreement between you and SellToMeNOW.com and govern your use of the Service, superseding any prior agreements between you and SellToMeNOW.com. The TOU and the relationship between you and SellToMeNOW.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SellToMeNOW.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of SellToMeNOW.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect. 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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. 20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: abuse@SellToMeNOW.com Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for SellToMeNOW.com to pursue legal action to enforce the TOU, you will be liable to pay SellToMeNOW.com the following amounts as liquidated damages, which you accept as reasonable estimates of SellToMeNOW.coms' damages for the specified breaches of the TOU: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay SellToMeNOW.com one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures. b. If SellToMeNOW.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay SellToMeNOW.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access SellToMeNOW.com in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to SellToMeNOW.com email addresses or through SellToMeNOW.com computer systems, you agree to pay SellToMeNOW.com twenty five dollars ($25) for each such email. d. If you post Content in violation of the TOU, other than as described above, you agree to pay SellToMeNOW.com one hundred dollars ($100) for each Item of Content posted. In its sole discretion, SellToMeNOW.com may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay SellToMeNOW.com one hundred dollars ($100) for each and every Item of Conent posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay SellToMeNOW.com an additional one hundred dollars ($100) for each Item of Conent posted by the Posting Agent on behalf of the principal in violation of the TOU. f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without SellToMeNOW.com's express written permission, you agree to pay SellToMeNOW.com three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay SellToMeNOW.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, SellToMeNOW.com retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof. 21. JURSIDICTION This agreement shall be governed by the laws of the State of New Jersey, and venue for claims arising under this agreement shall be the Monmouth County Court or the United States Federal Court of New Jersey. 21. FEEDBACK We welcome your questions and comments on this document. Simply complete our comments form at www.selltomenow.com/wantads/index.php?a=2504.
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