Terms of Use Agreement
Welcome
to our Web site. By using our site, you
are agreeing to comply with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to these terms, you
should not use this site. The term “AllWebClassifieds.com”
or “us” or “we” or “our” refers to All Web Classifieds Inc., the owner of the
Web site. The term “you” refers to the
user or viewer of our Web Site.
1.
Acceptance of Agreement.
You
agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2.
Copyright.
The
content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the content on the site is the
copyrighted work of third parties.
3.
Service Marks.
“AllWebClassifieds.com"
and others are our service marks or registered service marks or
trademarks. Other product and company
names mentioned on the Site may be trademarks of their respective owners.
4.
Limited License; Permitted
Uses.
You are granted
a non-exclusive, non-transferable, revocable license (a) to access and use the
Site strictly in accordance with this Agreement; (b) to use the Site solely for
internal, personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright and other policies
contained therein. No print out or
electronic version of any part of the Site or its contents may be used by you
in any litigation or arbitration matter whatsoever under any circumstances.
5.
Restrictions and Prohibitions
on Use.
Your license
for access and use of the Site and any information, materials or documents
(collectively defined as “Content and Materials”) therein are subject to the
following restrictions and prohibitions on use:
You may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute, transmit, sell,
rent, lease, loan or otherwise make available in any form or by any means all
or any portion of the Site or any Content and Materials retrieved there from;
(b) use the Site or any materials obtained from the Site to develop, of as a
component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c)
create compilations or derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary right, or property
right of us or any third parties; (e) remove, change or obscure any copyright
notice or other proprietary notice or terms of use contained in the Site; (f)
make any portion of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or developed in the
future; (g) remove, recompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery software to determine the
Site architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial email; (2) email that
makes use of headers, invalid or nonexistent domain names, or other means of
deceptive addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone solicitations; and
(k) export or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control laws or
regulations of the United States.
6.
Forms, Agreements & Documents
We may make
available through the Site or through other Web sites sample and actual forms,
checklists, business documents and legal documents (collectively,
“Documents”). All Documents are provided
on a non-exclusive license basis only for your personal one-time use for
non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license.
Documents are provided for a charge and without any representations or
warranties, express or implied, as to their suitability, legal effect,
completeness, current ness, accuracy, and/or appropriateness. The
Documents are provided “as is”, “as available”, and with “all faults”, and we
and any provider of the Documents disclaim any warranties, including but not
limited to the warranties of merchantability and fitness for a particular
purpose. The Documents may be
inappropriate for your particular circumstances. Furthermore, state laws may require different
or additional provisions to ensure the desired result. You should consult with legal counsel to
determine the appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and may not be
applicable to a particular situation.
Some Documents are public domain forms or available from public records.
7.
No Legal Advice or
Attorney-Client Relationship.
Information
contained on or made available through the Site is not intended to and does not
constitute legal advice, recommendations, and mediation or counseling under any
circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the
accurateness, completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of
information on the Site or materials linked
to the Site is entirely at your own risk.
We are not a law firm and the Site is not a lawyer referral service.
8.
Linking to the Site.
You may provide
links to the Site, provided (a) that you do not remove or obscure, by framing
or otherwise, advertisements, the copyright notice, or other notices on the
Site, (b) your site does not engage in illegal or pornographic activities, and
(c) you discontinue providing links to the Site immediately upon request by us.
9.
Advertisers.
The Site may
contain advertising and sponsorships. Advertisers and sponsors are responsible
for ensuring that material submitted for inclusion on the Site is accurate and
complies with applicable laws. We are
not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s
or sponsor’s materials.
10.
Registration.
Certain
sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to
provide us with accurate, complete registration information. Your registration must be done using your
real name and accurate information. Each
registration is for your personal use only and not on behalf of any other
person or entity. We do not permit (a) any other person using the registered
sections under your name; or (b) access through a single name being made
available to multiple users on a network.
You are responsible for preventing such unauthorized use.
11.
Errors, Corrections and
Changes.
We do not
represent or warrant that the Site will be error-free, free of viruses or other
harmful components, or that defects will be corrected. We do not represent or warrant that the
information available on or through the Site will be correct, accurate, timely
or otherwise reliable. We may make
changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on the
Site.
12.
Third Party Content.
Third party
content may appear on the Site or may be accessible via links from the
Site. We are not responsible for and
assume no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content on the Site. You understand that the information and
opinions in the third party content represent solely the thoughts of the author
and is neither endorsed by nor does it necessarily reflect our belief.
13.
Unlawful Activity.
We reserve the
right to investigate complaints or reported violations of this Agreement and to
take any action we deem appropriate, including but not limited to reporting any
suspected unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or appropriate to such
persons or entities relating to your profile, email addresses, usage history,
posted materials, IP addresses and traffic information.
14.
Indemnification.
You
agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product and
service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or use
of the Site.
15.
Nontransferable.
Your
right to use the Site is not transferable or assignable. Any password or right
given to you to obtain information or documents is not transferable or
assignable.
16.
Disclaimer.
THE
INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN
SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND
INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE
SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17.
Limitation of Liability
(a) We
and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in or
omissions from the Site or any services or products obtainable there from, (b)
the unavailability or interruption of the Site or any features thereof, (c)
your use of the Site, (d) the content contained on the Site, or (e) any delay
or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US
AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR
RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES
PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN
LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
PARTY.
18.
Use of Information.
We
reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy. All remarks, suggestions, ideas,
graphics, or other information communicated by you to us (collectively, a
"Submission") will forever be our property. We will not be required
to treat any Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising ideas) and will
not incur any liability as a result of any similarities that may appear in our
future products, services or operations. Without limitation, we will have
exclusive ownership of all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled to use the Submission
for any commercial or other purpose whatsoever, without compensation to you or
any other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not us, have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
19.
Third-Party Services.
We
may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or
services. You understand that we do not operate or control the products or
services offered by Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. You agree that use
of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20.
Third-Party Merchant Policies.
All
rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
21.
Privacy Policy.
Our
Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy
Policy by clicking on this link.
22.
Payment(s),
Fees, Credit Card Charges, Refund, How to Cancel Ad(s).
You represent and warrant
that if you are purchasing something from All Web Classifieds Inc.
(AllWebClassifieds.com) or from Merchants or submitting (posting) any Ad(s)
that (i) any credit information you supply is true and complete, (ii) charges
incurred by you each month will be honored by your credit card company, and
(iii) you will pay the charges incurred by you each month at the posted prices
at that time, including any applicable taxes.
Fees:
Option#1, One (1) Single Ad, Fees are:
One (1) Month Ad: $19.95
Six (6) Month Ad: $39.95
Twelve (12) Month Ad: $59.95
Option#2, Multi-Ad, Five (5) Listing or Service
Ads, Fees are:
One (1) Month Ads: $39.95
Six (6) Month Ads: $79.95
Twelve (12) Month Ads: $129.95
Submit
Ads anytime within paid Months
No credit will be issued if submitter does not submit all (5) five
Ads within the Paid Month(s) period.
Option#3, Full Payment, Self Submit Premium Advertising Package, Fee is:
$299.00 Ad submitted will run for One (1) Year from date submitted. On the 13th
month from the Date Option #3 was selected and submitted a recurring payment of
$299.00 will be charged to the account holder for each 12 month term until
canceled by the submitter.
Option#4, Full Payment, We Come To You, Full Payment, Premium Advertising
Package, Fee is: $399.00 Ad submitted will run for One (1) Year from the date
submitted. On
the 13th month from the Date & Signature of the Approval Form a
recurring payment of $399.00 will be charged to the account holder for each 12
month term until canceled by the authorized Name, Signature. Cancel Ad(s) link
bottom of all web site pages.
Option#5, One (1) Single Ad, Fees are:
One (1) Month Ad: $199.95
Six (6) Month Ad: $399.95
Twelve (12) Month Ad: $699.95
Cancel Ad(s)
link bottom of all website pages. No Email/Telephone Cancelations Accepted,
including refund(s). By clicking the Submit Registration Form button on the
registration page YOU ARE AGREEING to all "Terms of Use" stated
herein. Please note, however, that certain products and services mentioned on
our website are sold by third parties or are linked to third party websites and
we have NO Responsibility or Liability for those Products or Services. All
written inquires mail to: All Web Classifieds Inc. 14545 J Military Trail,
#189, Delray Beach, FL 33484. Email inquiries to: Info@allwebclassifieds.com
23.
Dispute Processing Fees.
If, you submit or post your Ad(s) on AllWebClassifieds.com’s website and you subsequently dispute a credit card charge after such advertisement was submitted or posted, you agree to pay US$35.00 for each credit card dispute. You agree and understand that you are required to pay this US$35.00 fee whether or not the dispute is resolved in your favor or in favor of AllWebClassifieds.com; You agree to pay this fee within 30 calendar days from the date of the letter or invoice for such fee that will be sent to you by AllWebClassifieds.com; In the event, AllWebClassifieds.com does not receive payment within 30 calendar days from the date of such letter-invoice, AllWebClassifieds.com reserves the right to refer the matter to a collection agency, debt collector or attorneys that will take legal action to recover such fee. By clicking the Submit Registration Form button on the registration page, YOU ARE AGREEING to AllWebClassifieds.com “Terms of Use” stated herein, and you are expressly agreeing that in the event collection of the aforementioned dispute processing fee becomes necessary, you will be responsible for any attorney fees, court cost and interest incurred. All dispute fees must be paid by check or money order only, and mailed to: All Web Classifieds Inc., 14545 J Military Trail, # 189, Delray Beach, FL 33484.
24.
Securities Laws.
The Site may
include statements concerning our operations, prospects, strategies, financial
condition, future economic performance and demand for our products or services,
as well as our intentions, plans and objectives (particularly with respect to
product and service offerings), that are forward-looking statements. These
statements are based upon a number of assumptions and estimates, which are
subject to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements designed to
fall within securities law safe harbors for forward-looking statements. The
Site and the information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
25.
The Term: Exposure, Results.
The term or word “Exposure” can be any person, company or anyone that has viewed your Ad(s). This is considered to be “Exposure.” On all of the Ad pages submitted there is a counter meter to register how many times your Ad(s) have been viewed. This is “Exposure.” As long as the Ad has been viewed at least (1) one time this is considered to be “Exposure.” The term “Results” can be any person, company or anyone that has viewed your Ad(s). This will be considered to be “Results.” On all of the Ad pages submitted there is a counter meter to register how many times your Ad(s) have been viewed or opened. This is what we call “Results.”As long as the Ad has been viewed at least (1) one time this is considered to be “Results.” Results Do Not have to be a contract of sale, trade or any final sale. Any contact from any person, company or anyone whom goes to your Ad(s) or views your Ad(s) is considered to be “Results.
26.
Copyrights and Copyright
Agents.
We respect the
intellectual property of others, and we ask you to do the same. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
a.
An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
b.
A description of the copyrighted work that you claim has been infringed;
c.
A description of where the material that you claim is infringing is
located on the Site;
d.
Your address, telephone number, and email address;
e.
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; and
f.
A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site
can be reached by directing an e-mail to the Copyright Agent at info@AllWebClassifieds.com
27.
Information and Press
Releases.
The Site
contains information and press releases about us. We disclaim any duty or
obligation to update this information or any press releases. Information about
companies other than ours contained in the press release or otherwise, should not
be relied upon as being provided or endorsed by us.
28.
Legal Compliance.
You agree to comply with all applicable
domestic and international laws, statutes, ordinances and regulations regarding
your use of the Site and the Content and Materials provided therein.
29.
Miscellaneous.
This Agreement
shall be treated as though it were executed and performed in Broward County,
Florida, and shall be governed by and construed in accordance with the laws of
the State of Florida (without regard to conflict of law principles). Any cause
of action by you with respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted within one (1) year
after the cause of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in Section 16 and Section 17. The
language in this Agreement shall be interpreted as to its fair meaning and not
strictly for or against any party. This Agreement and all incorporated
agreements and your information may be automatically assigned by us in our sole
discretion to a third party in the event of an acquisition, sale or
merger. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such
provision. Our rights under this
Agreement shall survive any termination of this Agreement.
30.
Arbitration.
Any legal controversy or legal claim arising
out of or relating to this Agreement or our services, excluding legal action
taken by us to collect or recover damages for, or obtain any injunction
relating to, Site operations, intellectual property, and our services, shall be
settled solely by binding arbitration in accordance with the commercial
arbitration rules of JAMS. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted
in Broward County, Florida, and judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Either you or us may seek any interim or
preliminary relief from a court of competent jurisdiction in Broward County,
Florida necessary to protect the rights or property of you and us pending the
completion of arbitration. Each party
shall bear one-half of the arbitration fees and costs incurred through JAMS.