TOS

BuySmartly Classifieds terms of service

AGREEMENT

This Agreement sets forth the Standard Terms and Conditions that apply to use of the BuySmartly Classifieds site.

YOUR USE OF THE BuySmartly Classifieds SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.

TERMS AND CONDITIONS

You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the sites, or accept the services or benefits, to which such terms apply.

MEMBER CONDUCT

You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

You agree that you have read and understood our ad posting/spam policy and you further agree that you will not not place ads which contain slanderous or derogatory comments or content.

Classified ads that violate these terms of service and/or our spam/ad posting policy will be deleted and your account will be closed without warning.

SERVICE

BuySmartly Classifieds reserves the right to remove any listings or advertisements for any reason at our sole discretion. BuySmartly Classifieds, however, does not have the responsibility of reading and monitoring all listings and advertisements.

MEMBERSHIP ELIGIBILITY

Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are only available to minors under the supervision of the minor's parent/legal guardian. By using this site you warrant that you are at least eighteen (18) years of age.

Your account and User ID may not be transferred or sold to another party.

You agree that, with respect to other users' personally identifiable information that you obtain through the Site or through a BuySmartly Classifieds' related communication or BuySmartly Classifieds-facilitated transaction, BuySmartly Classifieds hereby grants to you a license to use such information only for BuySmartly Classifieds related communications that are not unsolicited commercial messages and for completing the transaction in question.

You warrant that the information you provide to us is complete, valid and honest. If you provide any information that is untrue, not current or incomplete, or BuySmartly Classifieds has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BuySmartly Classifieds has the right to refuse any and all current or future use of the BuySmartly Classifieds (or any portion thereof) by you.

You may only upload content that belongs solely to you. You agree that you will not upload any content that is in violation of any rights based on copyright or trademark.

PAYMENT

Payments for purchases will be made by the Consumer directly to the Seller. BuySmartly Classifieds is not involved in the payment transaction between Consumer and Seller. BuySmartly Classifieds is not responsible for setting payment terms, collecting or ensuring payments. The parties need to reach an agreement on the pricing and the payment terms prior to the finalization of the transaction.

RELEASE

BuySmartly Classifieds is not involved in the actual transaction between the parties. As a result, BuySmartly Classifieds has no control over the quality, safety or legality of the goods, services or transaction. BuySmartly Classifieds has no control over payments made by the Consumer to the Seller. We cannot ensure that a transaction will actually be completed. BuySmartly Classifieds cannot and does not confirm each user's purported identity. Any agreements are solely between the Consumer and the Seller. In the event that you have a dispute with one or more users, you release BuySmartly Classifieds (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are unsure about your purchase or sale, you are advised to seek the advice of competent legal counsel before you sign a contract or otherwise finalize the transaction.

CONTENTS OF MESSAGES

You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use BuySmartly Classifieds for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use BuySmartly Classifieds to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. BuySmartly Classifieds reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.

ACCOUNT AND PASSWORD

You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify BuySmartly Classifieds of any unauthorized use of your account.

LINKS

The links on the BuySmartly Classifieds Web Site may let you leave the BuySmartly Classifieds Web Site. You acknowledge that the linked sites are not under the control of BuySmartly Classifieds and BuySmartly Classifieds is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. BuySmartly Classifieds is not responsible for web casting or any other form of transmission received from any linked site. BuySmartly Classifieds is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BuySmartly Classifieds of the linked site or any association with their operators.

UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BuySmartly Classifieds Web Site you warrant to BuySmartly Classifieds that you will not use the BuySmartly Classifieds Web Site for any unlawful purpose.

RIGHTS GRANTED TO BuySmartly Classifieds

By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the BuySmartly Classifieds Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant BuySmartly Classifieds the licenses set forth below. You hereby grant BuySmartly Classifieds and its affiliated companies permission to:

1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.

2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

3. Publish your name in connection with any such communication.

The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to BuySmartly Classifieds's or its sub- licensee's use of the materials contained within such communication. BuySmartly Classifieds is under no obligation to post or use any materials you may provide, and may remove such materials at any time in BuySmartly Classifieds's sole discretion.

RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE BuySmartly Classifieds SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BuySmartly Classifieds EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE BuySmartly Classifieds SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BuySmartly Classifieds, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL BuySmartly Classifieds, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE BuySmartly Classifieds SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE BuySmartly Classifieds SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT BuySmartly Classifieds IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM AND ITS AFFILIATES.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

COPYRIGHT AND TRADEMARKS

All contents of the BuySmartly Classifieds Web Site are proprietary to BuySmartly Classifieds, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. BuySmartly Classifieds reserves any rights not expressly granted herein.

PROMOTIONAL MESSAGES

BuySmartly Classifieds may, from time to time, send e-mail messages to Users regarding Users account. BuySmartly Classifieds will not, however, provide your e-mail address to third parties, nor send you promotional messages regarding third party services not directly related to BuySmartly Classifieds.

GOVERNING LAW

The laws of The United States shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of The United States.

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration. 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 The United States, as the parties to this agreement agree to be governed by the laws of The United States. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in The United States necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of The United States with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.

FORCE MAJEURE

If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of BuySmartly Classifieds, BuySmartly Classifieds is unable to perform in whole or in part its obligations as set forth in this Agreement, then BuySmartly Classifieds shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make BuySmartly Classifieds liable to the User.

SEVERABILITY

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless BuySmartly Classifieds against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with BuySmartly Classifieds.

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

ASSIGNMENT

In the event of a merger or consolidation of BuySmartly Classifieds, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

MODIFICATION OF TERMS

BuySmartly Classifieds reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the BuySmartly Classifieds Web Site. You are responsible for regularly reviewing these documents. Continued use of the BuySmartly Classifieds Web Site after any such changes shall constitute your consent to such changes. BuySmartly Classifieds does not and will not assume any obligation to notify you of any changes to the Terms of Service.