|Last Updated: September 08, 2017|
2. MODIFICATIONS TO THIS AGREEMENTWe reserve the right, at our sole discretion, to change or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://ph.classi4u.com/classiterms.php
3. CONTENTYou understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, 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 Classi4PH does not control, and is 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 Classi4PH website and Content available through the Service may contain links to other websites, which are completely independent of Classi4PH. Classi4PH makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of Content, that you may not rely on said Content, and that under no circumstances will Classi4PH be liable in any way for the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Classi4PH does not pre-screen or approve Content, but that Classi4PH 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 any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICESThe Classi4PH site and Content available through the Service may contain features and functionalities that link you or provide you with access to third party content which is completely independent of Classi4PH, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interaction 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, is solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Classi4PH shall not be responsible or liable for 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 Classi4PH is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Classi4PH, 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. CLAIMS OF INFRINGEMENTIf you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Classi4PH´s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at http://ph.classi4u.com/contactus.php
Please provide our Agent with the following Notice:
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
7. USE OF SITE AND SERVICESYou agree not to post, email, or otherwise make available Content:
8. POSTING AGENTSA "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Classi4PH´s resources, you may not use Posting Agent to post Content to the Service without permission or license from Classi4PH. Correspondingly, Posting Agent are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with permission or license from Classi4PH.
9. NO SPAM POLICYYou understand and agree that sending unsolicited email advertisements to Classi4PH email addresses or through Classi4PH computer systems is expressly prohibited by these Terms. Any unauthorized use of Classi4PH computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS AND SERVICESWe may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. Also, we may charge a fee to provide paid services in some areas of the Service. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
11. LIMITATION ON SERVICEYou acknowledge that Classi4PH may establish limits concerning use of the Service, including the maximum number of that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Classi4PH has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Classi4PH reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Classi4PH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICEClassi4PH grants you a limited, revocable, nonexclusive license to access the Service for your own personal use in a limited way. This license does not include: (a) access to the Service by Posting Agent; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Classi4PH. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset off classified listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
Classi4PH permits you to display on your website, or create a hyperlink on your website to, individual posting on the Service so long as such use is for noncommercial an/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Classi4PH to do so. You may also create a hyperlink to the home page of Classi4PH sites so long as the link does not portray Classi4PH, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.
Use of Service beyond the scope of authorized access granted to you by Classi4PH immediately terminates this permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Classi4PH.
13. TERMINATION OF SERVICEYou agree that Classi4PH, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Classi4PH believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Classi4PH shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
14. PROPRIETARY RIGHTSThe Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Classi4PH, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any aspect of the Service.
Although Classi4PH does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Classi4PH an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Classi4PH all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIESYOU AGREE THAT USE OF THE Classi4PH SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Classi4PH SITE AND SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Classi4PH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Classi4PH SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Classi4PH DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Classi4PH SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Classi4PH SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Classi4PH DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Classi4PH SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
16. LIMITATIONS OF LIABILITYUNDER NO CIRCUMSTANCES SHALL Classi4PH BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Classi4PH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Classi4PH SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Classi4PH SITE OR THE SERVICE, FROM INABILITY TO USE THE Classi4PH SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Classi4PH SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Classi4PH SITE OR THE SERVICE OR ANY LINKS ON THE Classi4PH SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Classi4PH SITE OR THE SERVICE OR ANY LINKS ON THE Classi4PH SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS ON LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
17. INDEMNITYYou agree to indemnify and hold Classi4PH, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATIONThe TOU constitute the entire agreement between you and Classi4PH and govern your use of the Service, superseding any prior agreements between you and Classi4PH. The TOU and relationship between you and Classi4PH shall be governed by the laws of Colorado without regard to its conflict of law provisions. You and Classi4PH agree to submit to the personal and exclusive jurisdiction of the court located within the county of Adams, Colorado. The failure of Classi4PH to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filled within six (6) months after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMSPlease report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: http://ph.classi4u.com/contactus.php
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Classi4PH to pursue legal action to enforce the TOU, you will be liable to pay Classi4PH the following amounts as liquidated damages, which you will be liable to pay Classi4PH the following amounts as liquidated damages, which you accept as reasonable estimates of Classi4PH´s damages for the specified breaches of the TOU:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person´s explicit consent, you agree to pay Classi4PH one thousand dollars ($1,000.00) for each such message. This provision does not apply to messages that are lawful non-descriptive parodies of public figures.
b. If Classi4PH establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Classi4PH one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Classi4PH in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Classi4PH email addresses or through Classi4PH computer systems, you agree to pay Classi4PH twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay Classi4PH one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Classi4PH may elect to issue warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Classi4PH one hundred dollars ($100) for each and every Item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Classi4PH an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without Classi4PH´s express written permission, you agree to pay Classi4PH three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Classi4PH´s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, Classi4PH retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.