WELCOME TO STACKS CLASSIFIEDS. We hope you find it useful. By accessing our servers, websites, or content therefrom (together, "SC"), you agree to these Terms of Service ("TOS"), last updated Febuary 27, 2015.
THIS IS A LEGAL AGREEMENT BETWEEN THE CUSTOMER (“You” or “Your”), AND STACKSCLASSIFIED.COM (“We”, “Us”, “Our” or “Ours”) by accessing and using our website: WWW.STACKSCLASSIFED.COM, products and applications, you accept the terms of this Agreement. Note: This is a legal contract between You and Us, so please review it carefully. In order to use; visit; browse; display; or otherwise access our website, you must be 18 (eighteen) or older.
IF YOU DO NOT AGREE WITH THESE TERMS, OR ARE UNDER EIGHTEEN (18) YOU MAY NOT ACCESS OR OTHERWISE USE OUR WEBSITE, PRODUCTS, AND/OR SERVICES.
Your license is restricted. You understand and agree not to: (i) license, distribute, make derivative works, display, sell, or "frame" content from Our website, excluding content you create and share with friends and family; (ii) obscure or disable any element of Our URL or links;
You also grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
REGISTRATION. You may browse Our website and view Content without registering, but as a condition to using certain aspects of Our website, you may be required to register and warrant that you are providing Us with accurate and complete registration information: User name; e-mail address; and a password used to access our services. It is your responsibility to maintain your registration information and keep it up-to-date. Failure to do so may be a breach of these Terms, which may result in the immediate termination of your account. You are prohibited from: creating multiple accounts (one account per user); creating an account for anyone other than yourself without that person’s permission; utilizing a User name that belongs to another with the intent of impersonation; utilizing a User Name or account that belongs to another without authorization; or utilizing a User Name that would be considered offensive, vulgar, obscene, or unlawful.
We reserve the right to refuse registration of, or cancel a User Name at any time. You are responsible and liable for activity that occurs on your account and are expected to keep your account password confidential. You must immediately notify Us immediately in writing if you believe your account has been hacked, or you believe your account security has been breached.
USAGE. STACKCLASSIFIED.COM was designed for any legal or lawful use by Our visitors or customers. RESTRICTIONS: You may not: (a) download, copy, or transmit any or all of Our website or Content without a written license or agreement; (b) use any data mining, robots, or similar data extraction methods; (c) manipulate or otherwise display Our Website or Content by using framing or similar navigational technology; (d) register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any person, user, company, or other third party for any product or service unless you have permission and consent to do so; and (e) use the Web site or any related Content other than for its intended purpose, determined solely at Our discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the substantial rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
You are strictly prohibited to impede or interfere with the security of Our website, or otherwise abuse any system resources, services or networks connected to or accessible through Our Web site. Your license and use of Our Website is strictly for any lawful purpose.
CONTENT. You acknowledge that all Content accessed by you, (including but not limited to Our Website), is at your own risk and you accept responsibility for any damages or losses to you or any other party. You understand we do not guarantee the authenticity of any Content users may provide about themselves. All Content, publicly posted or privately transmitted, is the sole responsibility of the person originating such Content.
The term "Content" may include and is not limited to: videos; audio clips; comments; information; data; text; photographs; graphics; and interactive features generated, provided, or otherwise made accessible by Us or through our Services. Content added, created, uploaded, submitted, or otherwise obtained by users, including Content that is added to our website, services, and/or products in connection with users linking their accounts to third party websites and services, is collectively referred to as a "User Submission."
We retain all rights, title and interest to our own Content which is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You agree not to infringe upon those rights/
We grant each user of our website, products, and/or services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal use is expressly prohibited without prior written permission from Us, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party rights.
MODERATION. You understand and agree that We may moderate access and use to Our website, at our sole discretion via: blocking (i.e. IP addresses); filtering; deletion; delay; omission; license termination; or any other method. You agree: (i) not to bypass Our moderation practices; (ii) we are not liable for moderating in any manner whatsoever, and (iii) nothing We say or do will waive Our rights to moderate Our website.
SALES. You authorize us to charge your account for classified listing fees. Unless otherwise noted, fees quoted are in U.S. dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases at our sole discretion, which may place a hold on your account.
THIRD PARTY SITES. Our website, products, and/or services may permit you to link to third party websites or resources. You acknowledge that you are accessing third party websites at your own risk, and understand that We have no control over third party websites.
Therefore, you agree that We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these websites or resources. You also agree that We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by your accessing third party websites.
DISCLAIMER. OUR WEBSITE, PRODUCTS, SERVICES, CONTENT AND LINKS ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
We make no representations or warranties as to the conduct of users or the veracity of any information users provide.
You understand and agree that We shall not be liable for any damages whatsoever, whether direct, indirect, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with Our website or services, including but not limited to: any damages resulting in any way from communications users or persons you may otherwise meet through the use of Our website or services. As such, you agree to take reasonable precautions and exercise care in all interactions with any individual you come into contact with through the use of Our website or services. You agree to release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT NO TIME SHALL OUR EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE WITH RESPECT TO THE SITE, LINKS, SERVICES, CONTENT, OR USER SUBMISSIONS FOR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES; LOSS OF DATA; DEATH OR PERSONAL INJURY; FRAUD, THEFT, OR ANY CRIMINAL ACTIVITY; BREACH OF ANY OBLIGATIONS; LOSS OF REVENUE OR ANTICIPATED PROFITS.
OUR TOTAL LIABILITY SHALL NOT EXCEED $100 OR THE TOTAL FEES THAT YOU HAVE PAID US WITHIN THE LAST CALENDAR YEAR.
INDEMNIFICATION. You agree to defend, indemnify, and hold Us harmless, along with our employees, agents, representatives, and affiliates from any and all claims, unforeseen third party claims, losses, costs, or damages, that arise from this Agreement, or relate to your use or misuse of, or access to, Our website, services, products, Content, URL, links, or otherwise.
Mediation shall be governed by Washington state laws as well as Model Standards, Mediation Rules, and Standards of Conduct, implemented by the American Bar Association (ABA) and the Association Arbitration Association.
The prevailing party shall be entitled to reimbursement of legal fees and costs, including but not limited to attorney’s fees.
MISCELLANEOUS. We shall not be liable for any failure to perform Our obligations where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).