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Terms Of Use  |  User Agreement  |  Privacy Policy  |  Prohibited and Restricted Items  |  Ad Posting Tips
 

TERMS OF USE


1. ACCEPTANCE OF TERMS

Ablewise.com ("The Sites", "Us", "We") provides a collection of online resources, including classified ads and email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Ablewise.com services, you agree to abide by any applicable posted guidelines for all Ablewise.com services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Ablewise.com in any way, your only recourse is to immediately discontinue use of Ablewise.com.


2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You must review this agreement on a regular basis to keep yourself apprised of any changes.


3. CONTENT

The user ("You") understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that we do not control, and are not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content available through the Service may contain links to other websites, which are completely independent of us. We make no representation nor warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that we do not pre-screen or approve Content, but that we shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.


4. THIRD PARTY CONTENT, SITES, AND SERVICES

The Ablewise.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Ablewise.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You must make whatever investigation you deem necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Ablewise.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.


5. ABUSING ABLEWISE.COM

Ablewise.com and the Users work together to keep the Sites working properly and safe. Please report problems, offensive content, and policy violations to us.

Ablewise.com works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please contact us and we will investigate.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.


6. FEES AND SERVICES

All fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

'No-Refund' Policy - You agree that when you purchase any product, service or subscription from us, you are not eligible for any refund (partial or in whole) for early termination, cancellation or non-usage.


7. CONDUCT

While using the Sites, you agree not to (or otherwise post, email, make available Content):

* in an inappropriate category or areas on the Sites;
* which will violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
* on the Sites if you are not able to form legally binding contracts, are under the age of 16, or are temporarily or indefinitely suspended from our Sites;
* which are false, inaccurate, misleading, defamatory, or libelous (including personal information);
* take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to Ablewise.com);
* transfer your Ablewise.com account (including feedback) and User ID to another party without our consent;
* distribute or post spam, chain letters, or pyramid schemes;
* distribute viruses or any other technologies that may harm Ablewise.com, or the interests or property of Ablewise.com users;
* copy, modify, or distribute content from the Sites and Ablewise.com's copyrights and trademarks; or
* harvest or otherwise collect information about users, including email addresses, without their consent.
* that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience: http://www.ablewise.com/pages/prohibited_restricted_items


8. ACCESS AND INTERFERENCE

The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Ablewise.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

Additionally, you agree that you will not:

* take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
* copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Ablewise.com and the appropriate third party, as applicable;
* interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
* bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.


9. PROPRIETARY RIGHTS

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)


10. LIABILITY

You will not hold Ablewise.com responsible for other users' actions or inactions, including things they post. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.


11. PRIVACY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Ablewise.com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Ablewise.com Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.


12. INDEMNITY

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.


13. NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


14. NOTICES

Except as explicitly stated otherwise, legal notices shall be served on to the email address you provide to Ablewise.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.


15. FEEDBACK

We welcome your questions and comments on this document contacting us via the Contact Us page.

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