This Agreement describes the terms and conditions applicable to your placement of Web-only ads on the AllFadal.com and AllHaas.co sites.
We may amend this Agreement at any time by posting the amended terms to the site. Any changes are effective upon creation of a new advertisement or renewal of an existing advertisement.
Our advertising services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our advertising services are not available to children (persons under the age of 18). If you are under the age of 18, you can place an advertisement only in conjunction with, and under the supervision of your parents or guardians.
1) Listing content
- You must be legally able to sell the item(s) you list for sale on the site. You must describe your item and all terms of sale on the listing page of the site. Your listings may only include text, descriptions, photos and other content relevant to the sale of that item.
- Review your ad carefully! Accurate information is solely your responsibility and in most cases, will not be corrected after you submit your ad. CNC Listing, LLC is not responsible for incorrect information entered by you; we act as a passive conduit for the online distribution and publication of your content.
- No HTML is allowed in the text of the ad.
- We require a form of contact in your ad -- this must be a phone number and/or e-mail address.
- Only one item or property may be advertised in a single listing.
- Items must be listed in the appropriate category. Items that don't belong in a category will be moved to the appropriate category. All such determinations shall be made by AllFadal.com or AllHaas.co in its sole discretion.
2) Photos in your ad:
- Any photos uploaded to the site must be of the actual item for sale.
- No inappropriate or illegal images shall be uploaded to the site.
- At this time, we do not allow video and/or audio files on the site.
3) Copyright: Listed items cannot infringe upon the copyright, trademark, trade secret, rights of publicity or privacy or other proprietary rights of third parties. No third party copyrighted images may appear in your listing.
4) Restricted Activities: Ad information (or any items listed) and your activities associated with the advertisement and the sale of the item advertised shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or material that is otherwise adult in nature or harmful to minors. (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) advertise commercial, non-private party products and services; (i) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (j) link directly or indirectly to or include descriptions of goods or services that: are prohibited under this Agreement; or you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
6) Access and Interference: Much of the information on the site is updated on a real time basis and is proprietary or is licensed to CNC Listing, LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own classified ad content) from the site without the prior expressed written permission of CNC Listings, LLC and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or (iv) bypass any measures we may use to prevent or restrict access to the site.
7) Release: In the event that you have a dispute with one or more users, you release CNC Listing, LLC (and our officers, directors, agents, subsidiaries, joint ventures 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.
8) Information Control: We do not control the content provided by other users that is made available through our system. You may find other advertisers' listings to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the site. Please note that there are also risks of dealing with under age persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this site, you agree to accept such risks and CNC Listing, LLC is not responsible for the acts or omissions of users on the site. If you suspect any offensive or harmful activity, you may report a bad ad at any time by filling in and submitting our report a bad ad form for investigation.
9) Breach: Without limiting other remedies, we may limit your activity, immediately remove your listing(s), issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference, including without limitation engaging in any of the restricted activities detailed in section 4); (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 us.
10) Privacy: Please read our company wide privacy statement.
11) No Warranty. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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 that vary from state to state.
12) Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
13) Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14) Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing and sale of items.
15) No Agency. You and CNC Listing, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16) Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the site:
Outage / Refund Policy: We make every attempt to make sure that our site is functioning properly. If the site is down for longer than 24 hours, we will credit you the time as additional runtime on your ad. If the ad was time sensitive, for example, included an open house date, you may be entitled to a refund. Please contact our customer support team if you have any questions or complaints regarding site outages.
CNC Listing, LLC will not be held responsible for errors made by the advertiser while submitting their ad. If there has been a technical error on the part of CNC Listing, LLC, you must notify our customer support team within two working days of the problem for investigation.
Investigations Policy: The CNC Listing, LLC customer support team is responsible for resolving reported cases of inappropriate listings. To report possible problems with any ad, please fill out our report a bad ad form which will be routed to our customer support team for investigation.
17) General: This Agreement shall be governed in all respects by the laws of the State of Idaho as such laws are applied to agreements entered into and to be performed entirely within Idaho between Idaho residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by CNC Listing, LLC in our sole discretion. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 7 (Release), 5 (License), 6 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) shall survive any termination or expiration of this Agreement.
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