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By registering with Transit Bay Area Classifieds to place ads, you are responsible for all aspects of
transactions in which you
initiate. You are responsible for reviewing and complying with any applicable
laws, regulations, or restrictions for the city, county, state, region, and
country in which you reside in. This includes laws, regulations, or
restrictions on items, services, images, messages and the method of placing
your ads in which you create on the TransitBayAreaClassifieds.com.
By utilizing this site in any manner, you
accept both the terms and conditions in this Member Guideline Agreement and
our Terms of service.
This agreement was revised on January 1, 2008, and may be modified
again at any time.
By completing a sign-up process on
Transit Bay Area Classifieds, you agree to
the terms of this Member's Guideline Agreement, and to abide by the other terms,
policies, procedures, and guidelines on Transit Bay Area Classifieds.
Transit Bay Area Classifieds may amend these terms from time to time. If you do
not agree to the changes, you must request that your account be closed. Your
continued use of our service will signify your acceptance of any updated
terms.
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Transit Bay Area Classifieds Is Only a Venue |
Transit Bay Area Classifieds acts as a matching
service for Members to locate people to buy, sell, service, and negotiate
the exchange of items, services, messages, etc. We do not own or handle any of the
items,
services, images, or messages listed on the site. As a result, we cannot verify or endorse the
quality, safety, or legality of the posted advertisements, or the truth or
accuracy of the content on our site.
By joining Transit Bay Area Classifieds, you warrant
that:
- Your supplied email address is a valid means of communication with
you, and will remain up-to-date.
- Your supplied contact information is accurate and complete, including
but not limited to your month and year of birth, your full name, city,
state, and postal code.
- You have not already registered with Transit Bay Area Classifieds. In
general, only one account per individual and/or business entity may be
active at any point in time, in each section of this site.
- If you are registering as a business, you represent that you have the
authority to bind the entity to this Agreement.
Transit Bay Area Classifieds may, under its sole discretion, terminate any
membership account at any time for any reason, including but not limited to
our inability to confirm any element of your membership eligibility.
Further, your account (including feedback and member name) may not be
transferred or sold to another party.
Transit Bay Area Classifieds may, at it sole
discretion, change or remove any member sign-up name. Action may be taken on
names which:
- represent something other members may consider offensive or
inappropriate.
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Member Obligations and Terms |
You are totally responsible for the information
you input,
with the understanding that we act only as a passive conduit for your online distribution and
publication. Your information (content or image) includes any information you
provide to us or other members during the registration, trading, or posting
process, in any public message area or through any email feature, including
all text descriptions and/or photographs, digital images, or renderings of
your items and services. We may take any action with respect to such
information we deem necessary or appropriate at our sole discretion if we
believe it may create liability for us. You acknowledge that
Transit Bay Area Classifieds may,
or may not pre-screen content, but that Transit Bay Area Classifieds and its designees have the right (but not the
obligation) in their sole discretion to refuse, modify, or reorganize any
content that is available via the service. In addition,
Transit Bay Area Classifieds has the right to suspend or terminate your account
and refuse any and all current or future use of our service, at any time and
at our sole discretion. Transit Bay Area Classifieds reserves the right to
change or discontinue, temporarily or permanently, some or all of our
services at any time without notice.
- Content. You agree that your information and the content you
post on Transit Bay Area Classifieds:
- will be true, accurate, and up-to-date;
- will not be fraudulent or involve the sale of stolen items;
- will not violate any law, statute, ordinance, or regulation
(including without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination, or false
advertising);
- will not be defamatory, trade libelous, unlawfully threatening, or
unlawfully harassing;
- will not be obscene or contain child pornography;
- will not contain any viruses, Trojan horses, or other computer
programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept, or expropriate any system,
data, or personal information;
- will not link directly or indirectly to or include descriptions of
goods or services that (i) are prohibited under this Agreement or (ii)
you do not have a right to link to or include;
- are in accordance with TransitBayAreaClassifieds' Member Guideline
Agreement.
- Cost. Unless otherwise stated, all monetary values are quoted
in U.S. Dollars. You are responsible for paying all applicable cost, taxes
and duties and for all costs you incur as part of the
Transit Bay Area Classifieds service (if applicable). We may, at our sole discretion, change
some or all of our services, our fees and payments policy, and/or the fees
for our services at any time.
- License. You agree to grant us a nonexclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licenseable (through multiple
tiers) right to exercise the copyright and publicity rights (but no other
rights) you have in your posted content, in any media now known or not
currently known.
- Privacy. Transit Bay Area Classifieds will only use your personal
information in accordance with our Privacy
Policy.
- Posting. Classifieds are text descriptions, graphics, and/or
pictures on Transit Bay Area Classifieds' website supplied by you that either
(a) describe a good or service you have or provide (b) describe a good or
service item you are seeking. You may post either or both of these types
of classifieds on Transit Bay Area Classifieds' site, provided that you place
such classifieds in an appropriate category. Transit Bay Area Classifieds is
not responsible for the accuracy or content of classifieds. All
classifieds are subject to approval based on Transit Bay Area Classifieds' Ad Guidelines
applicable to each classified section.
- Disputes. Transit Bay Area Classifieds is not responsible for
resolving disputes between parties.
- System. You agree that you will not use any device, software,
or routine to interfere or attempt to interfere with the proper working of
the Transit Bay Area Classifieds site or any transaction being conducted on
our site. You may not take any action which imposes an unreasonable or
disproportionately large load on our infrastructure. You may not disclose
or share your password to any third parties or use your Password for any
unauthorized purpose.
- Manipulation. You agree not to use a secondary account or third
party to manipulate the outcome of a negotiation with another trader.
- Our service is provided "as is." We cannot always foresee or
anticipate technical or other difficulties. These difficulties may result
in loss of data or other service interruptions. These terms are also noted
in our Maintenance & Downtime Policy. For
this reason, you agree that Transit Bay Area Classifieds' services are
provided "as is." We cannot assume responsibility for the timeliness,
deletion, misdelivery, or failure to store any Member data,
communications, or personalization settings. WE AND OUR SUPPLIERS PROVIDE
THE Transit Bay Area Classifieds WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Some states do not
allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights and
you may also have other legal rights which vary from state to state.
- Suspension/Termination. We may immediately issue a warning,
temporarily suspend, indefinitely suspend, or terminate your membership,
any of your current classifieds, and any other information you place on
the site if you breach this Agreement or if we are unable to verify or
authenticate any information you provide to us. Without limiting any other
remedies, Transit Bay Area Classifieds may suspend or terminate your account
if you are found (by conviction, settlement, insurance or escrow
investigation, or otherwise) to have engaged in fraudulent activity in
connection with our site.
- Limit of liability. IN NO EVENT SHALL WE, OUR AFFILIATES, OR
OUR SUPPLIERS BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO
THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR
TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not
allow the limitation of liability, so the foregoing limitation may not
apply to you.
- General compliance with laws. You shall comply with all
applicable laws, statutes, ordinances and regulations regarding your use
of our service and your negotiations, classified ad, purchase, and sale of
items and services.
- No agency. You and Transit Bay Area Classifieds are independent
contractors, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by this
Agreement.
- Notices. Except as explicitly stated otherwise,
Transit Bay Area Classifieds may provide you with notices via email, regular
postal mail, or postings on the Transit Bay Area Classifieds web site.
- Arbitration. Any controversy or claim arising out of or
relating to this Agreement shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American
Arbitration Association. 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 State of California, and judgment on the arbitration award may
be entered into any court having jurisdiction thereof. Either you or
Transit Bay Area Classifieds may seek any interim or preliminary relief from a
court of competent jurisdiction in the State of California necessary to protect
rights or property pending the completion of arbitration.
- Jurisdiction and Venue. This Agreement shall be governed in all
respects by the laws of the State of California. You agree that any legal
action brought against Transit Bay Area Classifieds classifieds, inc. shall be
governed by the laws of the State of California without regard to its conflict
of law principles, and that the sole jurisdiction and venue for any
litigation arising from your use of Transit Bay Area Classifieds shall be an
appropriate federal or state court located in the State of California. If any
provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit,
construe, or describe the scope or extent of such section. 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.
- Other Agreements. If you and Transit Bay Area Classifieds have
entered into a separate written agreement that covers your use of
Transit Bay Area Classifieds, the terms and conditions of such agreement shall
control to the extent they are inconsistent with this Member's Guideline
Agreement.
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