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User Agreement We have established the following terms and condition to ensure the quality of The U.P. Classifieds and the services we offer to you, our users. Please remember that ads are posted by users, not by The U.P. Classifieds. Users are responsible for all aspects of the transactions in which they choose to participate as buyers and/or sellers. All transactions conducted on The U.P. Classifieds must be consistent with any applicable legal rules and with The U.P. Classifieds terms and conditions of service. The U.P. Classifieds reserves the right to reject or remove any ad that is not consistent with The U.P. Classifieds terms and conditions, and the law. Please review the terms and conditions in this agreement and make sure any transactions you conduct comply fully. GENERAL INFORMATION The U.P. Classifieds is a platform for users to connect with one another. The U.P. Classifieds does not participate in, nor is it a party to, any classifieds transactions. The U.P. Classifieds does not screen or control users who may sell, buy, or trade using The U.P. Classifieds, nor does The U.P. Classifieds review, endorse, guarantee or authenticate all listings offered for sale or trade. Therefore, users of this service should be aware that: * Sellers and buyers are completely responsible for working out the sale and exchange of goods or services * Sellers and buyers are responsible in resolving any disputes that may arise from classifieds transactions. It is important to use care throughout your dealings with other users in The U.P. Classifieds. The U.P. Classifieds cannot and does not confirm each and every user-purported identity. * Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate. * Upon the completion of a sale, sellers and buyers are responsible for their own payment, shipping costs, applicable taxes and any other costs incurred by participating in The U.P. Classifieds. ACCESSIBILITY The U.P. Classifieds is a classified ads website for United States and Canadian residents only. Ads posted on The U.P. Classifieds must be in English. The U.P. Classifieds services are available to all of our users who can perform legally binding contracts under applicable law. By using or registering with The U.P. Classifieds, you agree to provide true and accurate information about yourself; including your current residency in the United States or Canada. Anyone who is considered a minor (under the age of 18) in the state or province of residence is prohibited from registering as a user. Additionally, we reserve the right to refuse access of our service to anyone at our sole discretion. ACCOUNT AND PASSWORD You are solely responsible for all activities within your account under your password. Password should be treated with care and should not be disclosed to anyone. You cannot use your password or anyone else's password for any unauthorized purpose. You indemnify The U.P. Classifieds and its staff from all claims and liabilities made by a third party resulting from all activities incurred within your account. Additionally, your account may not be transferred, assigned or sold to a third party. WEB LINKING Web Linking may be used to direct users of The U.P. Classifieds to an external website. Web Linking may not be used to direct users of The U.P. Classifieds to a porn, explicit adult content, hate, or a questionable content website (as determined by The U.P. Classifieds). As well, directing users to an external website for the purpose of soliciting information, scam or fraud is strictly prohibited. Violation of the afore-mentioned rules will result in the ad(s) being discarded or modified and the member being banned from The U.P. Classifieds at the discretion of The U.P. Classifieds. VERIFIED MEMBER The U.P. Classifieds's verification of a member is in no way an endorsement or guarantee of the member's products, services, or business integrity. Verification of a member is only an indication of likelihood that a member's identity is correct. As user verification on the Internet is difficult, The U.P. Classifieds cannot and does not guarantee any member's identity. Attempt by any member to state or imply that The U.P. Classifieds has endorsed their products or integrity may result in immediate termination of the member's Verified Member status and may include permanent suspension of access to The U.P. Classifieds. False claims or statements that The U.P. Classifieds provides some form of guarantee is deceptive and should be reported immediately as abuse. The U.P. Classifieds will not be held liable in any manner for any losses incurred by a Buyer or Seller regardless of the verification status. In the case of illegal or otherwise deceptive activities, The U.P. Classifieds responsibility will be limited to investigation and barring of such access as quickly as possible and to the best of our abilities. SERVICE FEE The U.P. Classifieds classified service is free, to both buyers and sellers. We reserve the right to change or discontinue any of our services at any time with or without notice. INTERFERENCE You are prohibited from using a secondary account or a third party to interfere with the negotiation process with another buyer or seller. You are prohibited from spamming our system and/or impose an unreasonably or disproportionately large load on our system. You may not put any material on The U.P. Classifieds that contains any viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. You may not solicit The U.P. Classifieds users to post ads on other classifieds sites. SELLING All sellers must: 1. Comply with applicable laws. You may not offer for sale, trade or adoption any items or services to buyers in a jurisdiction where the item, service, or terms of the sale violate applicable laws or regulations. You also may not offer for sale, trade or adoption any item or service that violates The U.P. Classifieds policies as described below in "Prohibited Items and Services." 2. Provide accurate and up-to-date information. You must accurately describe the item you are selling, trading or offering for adoption. You may not include any language in your ad, which may mislead potential buyers or cause your ad to be included in search results to which it is not responsive. 3. Avoid inappropriate ad content. You may not link to, post, or include advertisements for goods or other materials that: (a) describe items or services that you are not selling in The U.P. Classifieds, or (b) you do not have right to link to or include. You also may not include any content or images in your ad that are obscene, offensive, harmful to minors, invasive of anyone's privacy, or otherwise inappropriate. 4. Have the rights to and possession of item. You may not offer any item for sale, trade or adoption that is not in your possession, you do not have the right to sell or trade items that does not exist at the time of the ad. 5. Place item in the appropriate category. You must list your item in the MOST appropriate category. The U.P. Classifieds reserves the right to relocate an ad that is deemed to be in an inappropriate category. 6. Decide if you will allow others to view your email address. Your email address is kept confidential unless you opt to make it public. This will help deter unsolicited email marketing from spammers. Buyer contacts seller by submitting a message in "contact seller" on a particular ad. The U.P. Classifieds reserves the right to remove personal emails and/or web addresses from an ad. 7. Provide an honest representation of your item for sale and indicating if your item is used, refurbished or a replica of the original. BUYING Buyers are free to browse through the classified ads on our site and need not register with us to buy or contact sellers. The U.P. Classifieds does not associate itself with the negotiation process between buyers and sellers. However, if a prospective buyer shows interest in an ad by submitting a message in "contact seller", The U.P. Classifieds will relay this initial email to the seller on the buyer's behalf to initiate the negotiation process. Afterwards, the buyer and seller will communicate directly via their own emails. The U.P. Classifieds only initiates this contact to help facilitate the negotiation process and does not and will not have control beyond this point. Buyers and sellers are responsible for their own negotiation and use of information. Certain ads listed on The U.P. Classifieds may contain a web link where buyers are free to navigate to the linked website. Be advised, The U.P. Classifieds is not affiliated or responsible for the content of the linked website. Any action or activity by the buyer on the linked website is at his/her sole responsibility. FRAUD You may not use or manipulate this service for any fraudulent activity or purpose, including but not limited to collecting payment from buyers and not providing the item or service purchased, or filing false claims for insurance payments. If you are a victim of fraud or know information of fraud, contact your local secret service field office at http://www.secretservice.gov/field_offices.shtml or call the FTC toll-free at 1-877-FTC-HELP (1-877-382-4357) or file a complaint form at http://www.ftc.gov/ or if you're Canadian, call the Canadian PhoneBusters hotline at 1-888-495-8501. The Internet Fraud Complaint Center is another good site where you can file a complaint: http://www1.ifccfbi.gov/cf1.asp PROHIBITED ITEMS AND SERVICES It is the responsibility of both the seller and the buyer to ensure that the items or services listed for sale, trade or adoption are appropriate for sale, trade or adoption under all applicable laws and regulations. You may not sell, trade or adopt the following items or services under any circumstances: 1. Any item or service that is harmful to minors, obscene, or otherwise objectionable. 2. Any item that infringes the rights of a third party, including items that violate copyrights, trademarks, publicity, or privacy rights of third parties. 3. Any item that is counterfeit or stolen, including, but not limited to, counterfeit currency, coins, stamps, and equipment used to produce them. 4. Any animal items that are subject to regulations or laws for the protection of live animals, including endangered species and domesticated animals, as well as any products made from or including any parts of an animal protected by law or regulation. 5. Any item that has been the subject of a product recall by the U.S. Consumer Product Safety Commission, other government agency, or product manufacturer including items containing hazardous substances without a warning label. 6. Individual contracts, services, and any item that is non-transferable. 7. Non-packaged food items and other food or beverage items sold in a manner inconsistent with federal, state/province, or legal regulations. 8. Any used goods not appropriate for resale for safety, health, or other reasons. 9. Any items that can be used to inflict bodily harm on others, such as firearms, bombs, ammunition, firearm parts, switchblade knives, fireworks, or any kind of weaponry. 10. Bulk email lists containing names, addresses, or other personal information. 11. Gaming items such as, slot machines, lottery tickets, raffle tickets, and sweepstakes entries. 12. Alcohol or tobacco products, prescription drugs, medical devices and non-prescription drugs that make treatment claims that require FDA approval. 13. Items or services related to identification such as, citizenship documents, birth certificates, police or other government insignia. 14. Human or animal parts, including blood, organs and bodily fluids. 15. Any other item or service that violates any applicable federal, state, or local law or regulation or which The U.P. Classifieds determines, in its sole discretion, is inappropriate for sale, trade or adoption through the services provided by The U.P. Classifieds. SPAM The U.P. Classifieds encourages you to post ads in The U.P. Classifieds as long as they are not duplicates or other forms of spam, or otherwise inconsistent with the The U.P. Classifieds terms and conditions. The U.P. Classifieds may take action to delete classified ads and/or The U.P. Classifieds user accounts that we believe are misusing this service. Prohibited spam or otherwise impermissible marketing activities in The U.P. Classifieds may include, but are not limited to, the following: 1. Posting identical, near duplicate, or otherwise, variant listings for the same item/service 2. Posting identical ads in the same category and location. 3. Posting an ad with inappropriate links, titles, descriptions, or unauthorized use of content to which the person posting does not have rights. 4. Posting an ad for the sole purpose of collecting user information or raising money. 5. Posting an ad that contains unsolicited or unauthorized advertising or promotional materials. This may include an ad that instructs the user(s) to contact the person/company posting the ad for more information and then require the user to pay a fee for that information. 6. Posting a job ad that requires a monetary investment by the user at any time. 7. Posting an ad that requires a user to register before getting detailed information about the product or position. 8. Posting an ad through unauthorized robots (crawling software). 9. Soliciting a The U.P. Classifieds user to post an ad in another classifieds site. The U.P. Classifieds users do not appreciate spam. Spamming gives you and your service a bad name and decreases the effectiveness of your ads. The U.P. Classifieds may take corrective action, at our discretion, when prohibited activities or other misuses of the service become apparent. JUNK ADS At The U.P. Classifieds, we offer free classified listings. This does not mean that we accept spam or junk ads that are not only unwanted, but are also rarely viewed. Our classified ads have value; hence, they are for serious buyers and sellers. Your ad should genuinely reveal your item or service; this creates trust on your part and it will only assist you in the sale of your product. The U.P. Classifieds reserves the right to reject an ad or even ban a member who does not adhere to our user agreement in order to help safeguard our community of buyers and sellers. Please see "prohibited items/services" and "spam". In addition, classified ads for, containing, or linking to the following will not be accepted: * Explicit adult products or services * "Income Guarantees", "Get-Rich-Quick Schemes", or unrealistic claims * Chain marketing * Stuffing envelopes, ad typing, or similar ventures * Pyramids or binary schemes INDEMNITY You agree to defend, indemnify and hold The U.P. Classifieds and its officers, directors and employees harmless from and against any and all claims made by or liabilities to any third party resulting from any activities conducted under your membership or your use or misuse of our services. This includes, but not limited to, posting content on The U.P. Classifieds, entering into transactions with other members, contacting others pertaining to their ad(s), infringing a third party's intellectual property or other rights, failing to deliver goods or payment after a sale agreement or otherwise arising out of your breach of this Agreement. COPYRIGHT All content included on this web site, including text, graphics, logos, buttons, icons, and images, is the property of The U.P. Classifieds, its licensors or its content suppliers, and is protected by U.S. and international copyright and trademark laws. The compilation of all content on this web site is the exclusive property of The U.P. Classifieds and is protected by U.S. and international copyright laws. All software used on this site is the property of The U.P. Classifieds or its suppliers and is protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. You may not copy, publish, distribute, create derivative works of, or commercially exploit the content of this web site, or use this web site for any other purpose. TRADEMARKS The U.P. Classifieds, the The U.P. Classifieds logo and all trademarks, service-marks, and trade names appearing on the site are the property of The U.P. Classifieds or their respective owners that have granted The U.P. Classifieds the right to use such marks. USE OF INFORMATION AND SERVICES THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The U.P. Classifieds DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, THE U.P. CLASSIFIEDS DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS CURRENT, COMPLETE, OR ERROR-FREE. SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE U.P. CLASSIFIEDS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM YOUR USE OF THIS SITE OR THE PROVISION OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, EVEN IF THE U.P. CLASSIFIEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The U.P. Classifieds RIGHT TO TERMINATE The U.P. Classifieds, in its sole discretion, may terminate any classified listing or your The U.P. Classifieds user ID immediately and without notice if (a) The U.P. Classifieds believes that you have acted inconsistently with the spirit or the letter of the The U.P. Classifieds terms and conditions of service, or (b) The U.P. Classifieds believes you have violated or tried to violate the rights of others, or (c) The U.P. Classifieds believes you have conducted fraudulent activities on The U.P. Classifieds. From time to time, The U.P. Classifieds may amend its terms and conditions to enhance our services with or without notices. Your continue use of The U.P. Classifieds services will indicate your acceptance of the updated terms and conditions of the agreement. It is recommended that you review our terms and conditions periodically. This agreement was last updated on October 1, 2007. The U.P. Classifieds reserve the right to change or discontinue some or all of our services at any time with or without notice. Please help us keep The U.P. Classifieds a safe and enjoyable site. If you see a listing that violates our rules, please notify us immediately.
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