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THE FOLLOWING DESCRIBES THE TERMS ON WHICH TRANSITBAYAREACLASSIFIEDS.COM OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OUR WEB SITE AND
SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
Welcome to Transit Bay Area Classifieds. Transit Bay Area Classifieds uses a
patent pending business process and innovative technology to bring to you a new
and exciting way to buy and sell used items. You can Buy, Sell, Rent, Service,
and Communicate and have fun all within your Local Community. Our services is
based upon trust, and this User Agreement (the "Agreement") helps to promote
trust between you and other bay area commuters of the Transit Bay Area Classifieds community.
When accessing the pages or the information contained on the Transit Bay Area Classifieds web site, http://www.Transit Bay Area Classifieds.com/ ("our
site" or "our site"), or
by using the Transit Bay Area Classifieds services (the
"Services") in any manner, you must adhere to the terms of this
Agreement. When using particular Transit Bay Area Classifieds
services, you may also be subject to additional guidelines;
(Ad Guidelines) or,
rules
(Member Guidelines) which we may
be modified from time to time. In addition, if you
arrive at our site through any of our partners' or affiliate web
sites, you may also be subject to the terms and conditions of
that web site. All such guidelines and rules are hereby
incorporated by reference into this Agreement. If you do not
agree to the terms of this Agreement, please exit our site
immediately, and cease all use of our Services.
You may review a current version of this Agreement at any time
by clicking on the Terms of Use and Terms of Service links at the bottom of any page
of this Site.
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Modifications of Terms:
We reserve the right to make changes to this agreement, or the
guidelines or rules incorporated herein, at any time, and will
notify you of any such changes by posting a notice on the
General Announcements section of the Community page of our
site (our "Announcement Board"). In addition, we may notify
you directly (via email) of such changes. Your continued use
of our Site will signify your acceptance of any revised terms
to this agreement. Therefore, you should regularly visit this
page to make yourself familiar with our current Agreement.
This agreement may not otherwise be amended, except in
writing, by both you and Transit Bay Area Classifieds. Unless
otherwise stated, all amended terms to this Agreement shall be
effective immediately once notice of those changes is posted
on our
General Announcement
page. We last updated this Agreement on Mar 23, 2004.
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Membership /
Access Eligibility:
Our services are available only to, and may be used only by,
individuals who can form legally binding contracts under
applicable law. Without limiting the foregoing, our services
are not available to children (persons under the age of 18)
unless their use of our services is in conjunction with and
under the supervision of a parent or legal guardian. Further,
our services are not available to any person whose CC
(Transit Bay Area Classifieds.com) membership has been suspended
(temporarily or indefinitely) or permanently terminated. If
you do not qualify, please do not use our site.
If you are using our site or our services on behalf of a
business entity, you represent that you have the authority to
bind the entity to this agreement.
You agree that Transit Bay Area Classifieds may, under certain
circumstances and without prior notice, immediately terminate
your account, and your access to our services. Cause for
termination shall include, but not be limited to, (a) breach of
this agreement or other guidelines or rules incorporated herein,
(b) request by law enforcement or other government agencies, (c)
request by you, (d) discontinuance or material modification to
our services (or any part thereof), (e) unexpected technical or
security issues or problems, and (f) extended periods of
inactivity. You agree that any termination shall be at Transit Bay Area Classifieds' sole discretion, and that Transit Bay Area Classifieds shall not be liable to you or any
third-party for any termination of your account or your access
to our services.
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Registration:
You may browse our site for free and without registering.
However, you must register as a member ("registration") to
post an ad on our site. During registration you will be asked
to create an account consisting of a username and password
("Your Account") to identify yourself in future visits to
our site. You will be asked to provide information such as your
name, address, telephone number, email address, city, state
and zip code. All of the information that you provide during
registration is collected according to the terms of our
privacy policy. It is your responsibility to maintain the
confidentiality of your username and password and you agree to accept responsibility for all
activities that occur under your account. You may not
transfer, assign or sell your account (including rating and
feedback) to any third party.
PLEASE NOTE: You must provide
accurate and current information to us. If you provide any
information that is false, misleading, inaccurate, not current
or incomplete during Registration or otherwise, Transit Bay Area Classifieds may suspend (temporarily or indefinitely) or
permanently terminate your account and refuse any and all
current or future use of our site and our services (or any
portion thereof). Without limiting any other remedies, Transit Bay Area Classifieds has the right to suspend (temporarily
or indefinitely) or permanently terminate your account if we
suspect that you have engaged in any fraudulent activity
through our site.
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Fees and
Charges:
Our fees ("Fee Schedule") can be viewed at
http://www.Transit Bay Area Classifieds.com.
Unless otherwise stated, all fees are quoted in U.S. Dollars.
You agree that you are responsible for paying all fees,
including any and all applicable sales, income, excise,
import, export, VAT and other taxes or duties associated with
Your Account.
We reserve the right to change, suspend or discontinue the
fees due for our services at any time in our sole discretion.
Temporary changes to our fees (for example, discounts or free
promotional offers) will be effective when we post information
about such promotional events on our site. Other changes to
the Fee Schedule will be effective once we post a notice
regarding those changes on our General Announcement page.
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Transit Bay Area Classifieds is only a venue:
Our site acts as an open marketplace for users to buy, sell,
rent and negotiate the purchase and sale of goods and services
with other users. Transit Bay Area Classifieds provides only a
service and is not involved in any transaction between buyer
and seller who use our site and services and does not handle
any goods physically. Based on same basic online verification,
Transit Bay Area Classifieds may identify some accounts as
verified or unverified; however, we do not confirm the
identity of our users, nor the accuracy of any listings posted
on our site. As a result, Transit Bay Area Classifieds does not
guarantee or endorse the authenticity, quality, safety, or
legality of any items offered or sold, the truth or accuracy
of any listings, or the ability of sellers to sell items or of
buyers to buy items. We cannot assure that all transactions
will be completed. Additionally, Transit Bay Area Classifieds
does not guarantee the ability or intent of users to fulfill
their obligations in any transactions. You are solely
responsible for assessing the truthfulness of any buyer or
seller with whom you deal, and for evaluating the accuracy of
any listing posted on our site. You agree that Transit Bay Area Classifieds has no liability for any misrepresentation,
incomplete statement or failure to disclose by any user, or
for any claims arising from a transaction initiated through
our site.
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Safe
Trading:
Because user authentication on the Internet is difficult, Transit Bay Area Classifieds cannot and does not confirm each user's
purported identity. We therefore encourage you to take all
steps you believe are appropriate (including, where possible,
meeting in person) to confirm the accuracy of any listing
posted on our site, and the identify of any buyer or seller
with whom you deal. In addition, we have established a system
to assemble feedback from other users (again, not screened or
confirmed by us) to help you evaluate the buyer or seller with
whom you are dealing.
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Selling /
Posting:
You must have the legal authority to sell, rent or provide the
goods and services that you are listing on our site. You must
accurately describe your item and all terms of transaction in
your listing. If another user buys your item (accepts your
offer), you are legally obligated to complete the transaction
unless (i) the transaction is prohibited by law or this
agreement, (ii) the buyer materially modifies the terms and
conditions of his or her offer, or (iii) a typographical error
exists in the listing information which materially affects the
terms of sale. You are also responsible for payment of all Transit Bay Area Classifieds fees. Any listed item which is an
imitation, replica, or facsimile must use the terms
"imitation" or "replica" in both the title and description of
the listing. Your listing title and description should never
confuse buyers as to the authenticity of the item. In
addition, if your item is pictured with a trademarked logo, it
must be produced by that company. Images of authentic items
are not permitted when selling replicas. Your pictures must be
of the item you are selling. In short, be up front about the
nature of the goods you are selling, and make sure your
listing title is not confusing to buyers.
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Buyer
Contacting a Seller or Poster:
As a potential buyer, you agree to
contact the
seller or poster on Transit Bay Area Classifieds only if you are
interested in the posting. You agree not to contact the poster
for any other reason including to conduct any
spam or
fraudulent
activity.
In order to maintain a consistent user experience, Transit Bay Area Classifieds prohibits the inclusion of offsite web
URLs and email address in postings on
http://www.Transit Bay Area Classifieds.com,
including in postings and the Transit Bay Area Classifieds
community sections.
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Feedback:
Transit Bay Area Classifieds offers a system to collect feedback
from users regarding their transactions with one another, and
to make that feedback available to future buyers and sellers
with whom those users may deal. Transit Bay Area Classifieds
does not screen or otherwise review the truthfulness or
accuracy of any user feedback. You may not take any action
that may undermine the integrity of the feedback system. We
may limit the number of transactions and listings you may
place on our site, or may suspend or terminate Your Account,
based upon negative feedback you have received.
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User
Information:
"User Information" is defined as any and all information or
data you provide to Transit Bay Area Classifieds or other users
during the Registration, post, sale, buy or any other process,
and through any interactive feature of the system, including
email. You represent and warrant that your User Information (i)
is not false, inaccurate, incomplete or misleading; (ii) is
not fraudulent and does not involve the sale of illegal,
counterfeit or stolen items; (iii) does not infringe any third
party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (iv)
does not violate any law, statute, ordinance or regulation
(including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination
or false advertising); (v) is not defamatory, libelous,
unlawfully threatening or unlawfully harassing; (vi) is not
obscene and does not contain child pornography; (vii) does not
contain any viruses, Trojan horses, worms, time bombs, bots or
other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal
information; (viii) does not create liability for Transit Bay Area Classifieds nor cause Transit Bay Area Classifieds to
lose (in whole or in part) the services of our ISPs or other
suppliers; and (ix) does not link directly or indirectly to
another web site. Furthermore, you may not list any item on
our Site (or consummate any transaction that was initiated
using our Service) that, by paying to us a listing or other
type of transaction fee pursuant to our Fee Policy, could
cause us to violate any applicable law, statute, ordinance or
regulation, or that violates our current listing restrictions.
You agree not to make use of any other user's User Information
other than as necessary to complete any transactions in which
you and that user are involved.
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Limited
License:
You agree to grant and hereby do grant Transit Bay Area Classifieds a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicenseable (through multiple
tiers) right and license to exercise all copyright, publicity
and database rights you have, in any existing or future media,
known or unknown, in your User Information, provided, however,
that Transit Bay Area Classifieds will at all times comply with
its Privacy Policy.
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Use
Restrictions:
Our Site and Services may be used only for lawful purposes.
You may not use our site or our Services to transmit, post,
distribute or store any material or conduct any activities in
violation of any applicable local, state, provincial, federal
or foreign law or regulation. This includes without limitation
any unauthorized use or distribution of material protected by
patent, copyright, trademark or other intellectual property
right, or the sale or distribution of material that is
obscene, defamatory or libelous, constitutes an illegal
threat, violates rights of privacy or publicity or violates
export control laws. You agree to comply with any applicable
laws, statutes, ordinances and regulations in your use of our
site and our Services. You agree not to use our site or our
Services in any manner that violates, or proposes a
transaction which, if consummated, would violate any law,
statute, ordinance or regulation, expose Transit Bay Area Classifieds to civil or criminal liability, or violate this
Agreement. You agree that you are solely responsible for
obtaining all necessary licenses and permissions necessary for
your transactions and for verifying that other Site users with
whom you transact do the same. You agree that you will not use
any information gained from our site or our Services,
including without limitation information you learn about any
buyer, seller or other users, for any purpose not necessary to
complete transactions on our Site.
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Listing
Restrictions:
Transit Bay Area Classifieds prohibits the listing or sale of
any item that is illegal to sell under any applicable law,
statute, ordinance, or regulation. It is your responsibility
to sell only legal goods and services and you must make sure
that what you list for sale on our site is legal and conforms
to all the legal requirements of your local, state,
provincial, federal or foreign law and regulations. Items
prohibited or restricted for posting on Transit Bay Area Classifieds.com include but are not limited to:
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Academic,
Beta or OEM Software
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Copyright
or Trademark-Sensitive Goods
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Counterfeit or Knock-Off Goods (including currency & stamps)
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Fireworks,
Explosives, & Hazardous Materials
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Gambling
Items
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Goods Made
From Protected Animal/Plant Species
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Government
IDs
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Hacking/Surveillance/Interception/Descrambling Equipment
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Human
Parts, Bodily Fluids & Human Remains
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Illegal
Drugs, Drug Paraphernalia, Steroids, & Other Controlled
Substances
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Individual
Contracts or Non-Transferable Items
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Items
Subject to Embargo
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Offensive
Material (items that promote hatred, violence, racism, or
intolerance)
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Police-Related Items
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Prescription/OTC Drugs & Medical Devices
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Recalled
Items
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Stocks,
Bonds & Securities
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Stolen
Property or Items Used For Theft
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Weapons &
Ammunition
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The sale
of alcohol to persons not of lawful age
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The sale
of tobacco products to persons not of lawful age
Transit Bay Area Classifieds prohibits the listing of any
adult-oriented products or services, or listings which solicit
directly or indirectly sexually-oriented services, or
sexually-explicit content.
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Content
Policy:
You agree not to post any Offensive Content on our site or
post any links or URL's (web addresses) to sites containing
Offensive Content. "Offensive Content" includes, without
limitation, words, images, sounds or other content which: (i)
is profane, obscene or involves child pornography; (ii)
denigrates a class of people because of their race, religion,
country of origin, sexual orientation or gender; (iii) depicts
violent or criminal acts, perpetrators or victims of violence
or crime, or seeks to incite violence or crime; (iv) relates
or pertains to any "hate group," i.e., groups that are
organized in part to promote the oppression of or assert the
supremacy of any class of people; or (v) contains defamatory
or libelous statements or unlawfully disparaging remarks or
threats.
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Screening:
Transit Bay Area Classifieds may employ automated filters and/or
manual reviews to screen listings and content, either before
those listings and/or content are posted on our site or at any
time thereafter. In the event that Transit Bay Area Classifieds,
in its sole discretion, determines that any listing offers for
sale any illegal item or service, that any content is
Offensive Content, or that any listing or content is otherwise
objectionable, Transit Bay Area Classifieds may refuse to post
such listing or content, or may remove such listing or content
from our site. Further, Transit Bay Area Classifieds may suspend
(temporarily or indefinitely) or permanently terminate Your
Account due to improper listings or posts.
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Intellectual
Property and Rights of Publicity:
You agree not to use our site in any manner which violates, or
proposes a transaction which, if consummated, would violate
the trademark, copyright, patent, trade secret, trade dress,
publicity or privacy rights or other proprietary rights of Transit Bay Area Classifieds or any third party. You agree not to
link to any third party's web site or file on that web site
without that party's permission. You agree that you will not
use any automatic or manual process to monitor or copy any
portion of our site without Transit Bay Area Classifieds' prior
written permission.
Our site and
all of its content also including, but not limited to, legal
forms, articles, other text, photographs, illustrations,
graphics, product names, designs, logos (collectively, "the
Intellectual Property") are protected by copyright, trademark,
and other laws of the United States, as well as international
conventions and the laws of other countries. The Intellectual
Property is owned or controlled by Transit Bay Area Classifieds
or the party credited as the provider or owner of the
Intellectual Property. The compilation (meaning the
collection, arrangement, and assembly) of all content on our
site is the exclusive property of Transit Bay Area Classifieds
and protected by U.S. and international copyright laws. All
software used on our site is the property of Transit Bay Area Classifieds or commercial software suppliers and is protected
by U.S. and international copyright laws.
Subject to
the terms and conditions hereof, you may view, copy, download,
or print material appearing on our site subject to the
following conditions:
- The
material may only be used for your personal, non-commercial
use;
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material may not be modified, except as noted in this
paragraph;
- All
copyright, trademark, and other proprietary notices
contained in all such copies must be kept intact; and
- The
copyright notice and permission notice: "Copyright © 2001
Transit Bay Area Classifieds. All rights reserved. Protected
by the copyright laws of the United States and international
treaties" must appear on each copy.
The copying,
modification, revision, reproduction, republication,
uploading, posting, transmission, or distribution for
commercial or non-personal purposes of any other material or
element from our site including, but not limited to, the
design or layout of our site, individual elements of our
site's design without the express written permission of Transit Bay Area Classifieds, or other owners of the Intellectual
Property is strictly prohibited. For purposes of this
Agreement, the use of any such material on any other website
or networked computer environment is prohibited.
THE LEGAL
FORMS AVAILABLE ON THIS SITE MAY BE USED OR MODIFIED FOR USE
IN CONJUNCTION WITH A DISCRETE PERSONAL OR COMMERCIAL
TRANSACTION, BUT THEY MAY NOT BE REPRODUCED, REPUBLISHED,
UPLOADED, POSTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE
DISSEMINATED FOR ANY OTHER PURPOSE WHATSOEVER, REGARDLESS OF
WHETHER FOR PROFIT OR NOT FOR PROFIT.
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Notice
and Procedure for Making Claims of Infringement:
If 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 provide
Transit Bay Area Classifieds' Copyright Agent the following
information:
1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or
other intellectual property interest;
2. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a description of where the material that you claim is
infringing is located on our site;
4. your address, telephone number, and email address;
5. 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; and
6. a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are
the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf.
Transit Bay Area Classifieds' Copyright Agent for notice of
copyright or other intellectual property infringement can be
reached as follows:
By mail:
Transit Bay Area Classifieds
Copyright Agent
P.O. Box 2196 Fairfield, California 94533
By email:
webmasters@
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Breach:
Without limiting other remedies, we may limit your activity,
immediately remove your listings, bids and/or posts, warn our
community or specific users within our community of your
actions, temporarily suspend, indefinitely suspend or
terminate Your Account and refuse to provide our Services to
you if: (a) you breach this Agreement or the guidelines or
rules it incorporates by reference; (b) we are unable to
verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or
legal liability for you, our users or Transit Bay Area Classifieds.
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Release:
You agree that Transit Bay Area Classifieds is not a party to
any negotiations or transactions between the buyers and
sellers who use its Site. In the event that you have a dispute
with one or more users arising from any communications,
negotiations, transactions, or other activities conducted or
initiated through our site or our Services, you release Transit Bay Area Classifieds and (as applicable) its officers,
directors, employees, agents, parents, subsidiaries, partners
and affiliates from claims, demands, and damages (actual and
consequential) of every kind and nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If you are
a California resident, you waive California Civil Code Section
1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his
favor at the time of executing this release, which if known by
him must have materially affected his settlement with the
debtor."
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DISCLAIMER
OF WARRANTIES:
YOU AGREE THAT USE OF OUR SITE AND OUR SERVICES IS AT YOUR
SOLE RISK. OUR SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND
"AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Transit Bay Area Classifieds
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH
YOUR ENJOYMENT OF OUR SITE OR SERVICES. Some states do not
allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you.
Transit Bay Area Classifieds MAKES NO WARRANTY THAT OUR SITE OR
OUR SERVICES WILL SATISFY YOUR REQUIREMENTS, OR THAT THE
AVAILABILITY OF OUR SITE OR OUR SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR
DOES Transit Bay Area Classifieds MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE OR OUR
SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED FROM OUR SITE OR OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR
MATERIAL AND/OR GOODS OR SERVICES THROUGH OUR SITE OR OUR
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY
TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM
Transit Bay Area Classifieds
OR THROUGH OR FROM OUR SITE OR OUR SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN.
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LIMITATION
OF LIABILITY:
IN NO EVENT SHALL Transit Bay Area Classifieds OR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS
AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR
SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OR LOSS OF
DATA, INFORMATION OR MESSAGES TRANSMITTED THROUGH OUR SITE OR
OUR SERVICES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM
OUR SITE OR OUR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR
ALTERATION OF USER'S TRANSMISSIONS OR INFORMATION, EVEN IF Transit Bay Area Classifieds HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT
SHALL Transit Bay Area Classifieds BE LIABLE FOR ANY DAMAGES
WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY
THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF
OUR SITE OR OUR SERVICES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT.
IN NO EVENT SHALL
Transit Bay Area Classifieds
TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE,
LOSS, OR CAUSE OF ACTION EXCEED THE LESSER OF (I) THE DOLLAR
VALUE OF THE ACTUAL LOSS OR (II) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the limitation or exclusion of
warranties or of liability for incidental or consequential
damages so some of the foregoing above may not apply to you.
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Indemnity:
You agree to defend, indemnify and hold Transit Bay Area Classifieds and (as applicable) its officers, directors,
employees, agents, parents, subsidiaries, partners and
affiliates harmless from and against any and all claims made
by or liabilities to any third party resulting from any
activities conducted under Your Account, your use or misuse of
our site or our Services, including, but not limited to,
posting content on our site, entering into transactions with
other Site users, contacting others as a result of their posting(s) on
our site, infringing a third party's
intellectual property or other rights, failing to deliver
goods or payment to other Site users or otherwise arising out
of your breach of this Agreement.
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Notice:
Any notices given pursuant to this Agreement that are directed
to Transit Bay Area Classifieds shall be given by postal mail
to: Transit Bay Area Classifieds, Inc., PO Box 2196 Fairfield, California 94533, Attn: Legal. Any notice from Transit Bay Area Classifieds that is directed to you shall be
delivered to the mailing address or email address you provided
us at the time of Registration, or as you may update that
information from time to time. Notice shall be deemed given
twenty four (24) hours after email is sent or, in the case of
notice sent via postal mail, three (3) business days after the
date of mailing. Transit Bay Area Classifieds may also give
notice of changes to this Agreement or other matters related
to Transit Bay Area Classifieds by displaying notices on our
Announcement Board.
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Language:
It is the express intent of the parties that this Agreement
and any related documents be drawn up and executed in the
English language.
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General:
This Agreement shall be governed by and construed in
accordance with the laws of the State of California, without
regard to its conflict of laws principles, as if formed by and
between California residents. The United Nations Convention on
Contracts for the International Sale of Goods shall not apply
to this Agreement. You and Transit Bay Area Classifieds agree to
submit to the personal and exclusive jurisdiction of the
courts located within the County of Santa Clara, California.
Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of any section
of this Agreement. If any part of this Agreement is deemed
invalid or void, that part of the Agreement shall be deemed
severable and shall not affect the validity or enforceability
of any of the remaining conditions. Transit Bay Area Classifieds' 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 and Transit Bay Area Classifieds are independent contractors. No agency,
partnership, joint venture, employer-employee or
franchiser-franchisee relationship is intended or created by
this Agreement. You agree that, except as expressly provided
herein, there shall be no third party beneficiaries to this
Agreement. Sections 4 (Fees and Charges), 11 (Limited
License), 17 (Notice and Procedure for Making Claims of
Infringement), 19 (Release), 20 (Disclaimer of Warranties), 21
(Limitation of Liability), 22 (Indemnity), 23 (Notice) and 25
(General) shall survive any expiration or termination of this
Agreement.
In addition, other rules and guidelines posted throughout our
site may govern your activities and use of our Services.
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