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Terms of Service
1. Acceptance of Terms
Kanawha County 4 Sale provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By using this site, you agree to these terms and conditions.
In addition, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the TOS.
2. Description of Service
Kanawha County 4 Sale currently provides users with access to a collection of resources, including, reading and submitting of of classified advertisements, various communications tools, forums, shopping and selling services, email subscriptions, and search services through its Web sites (hereinafter, the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that the Service may include certain communications from us, such as service announcements, administrative messages, and our newsletter, and that these communications are considered part of using the service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Web sites, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Kanawha County 4 Sale assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Duties of the User
By using the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's form or by employees of Kanawha County 4 Sale when in the normal course of their duties and (b) maintain and promptly update the the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is so, we have the right to suspend or terminate your access to the service and refuse any and all current or future use of the Service (or any portion thereof).
You also represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
4. Privacy Policy
Your information is subject to our Privacy Policy. For more information, see our full privacy policy at Privacy Policy
5. Password Security
For access to some areas of the Service, you may receive a password and account designation (usually your email address). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Kanawha County 4 Sale cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Kanawha County 4 Sale, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. While Kanawha County 4 Sale does offer marginal control over some of the Content posted via the Service, much of the content is not controlled and, as such, Kanawha County 4 Sale does not guarantee the accuracy, integrity or quality of any Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; that includes personal or identifying information about another person without that person's explicit consent; that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Kanawha County 4 Sale employee, sponsors, or advertisers, or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate marketing," or any other form of solicitation in violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030).
g. advertise any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated in the United States;
h. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
i. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
j. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k. repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
l. attempt to gain unauthorized access to Kanawha County 4 Sale computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or our websites;
m. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
n. contact anyone who has asked not to be contacted;
o. "stalk" or otherwise harass another;
p. collect or store personal data about other users;
q. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service -- exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org).
You acknowledge that Kanawha County 4 Sale may or may not pre-screen Content, but that Kanawha County 4 Sale and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, move, edit, or refuse any Content that is available via the Service. Without limiting the foregoing, Kanawha County 4 Sale and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created or made available by Kanawha County 4 Sale or submitted to us, including without limitation information found in all parts of the Service.
You acknowledge, consent and agree that we may access, collect, preserve, analyze and disclose your account information and Content.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Kanawha County 4 Sale and/or content providers who provide content to the Service. You agree not to attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside
8. Intellectual Property
The 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 Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, 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 purposes, any aspect of the Service.
Although Kanawha County 4 Sale does not claim ownership of content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Kanawha County 4 Sale an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, edit, 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.
Kanawha County 4 Sale shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products or services incorporating such information.
9. Indemnity
You agree to indemnify and hold Kanawha County 4 Sale, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. General Practices Regarding Use and Storage
You acknowledge that Kanawha County 4 Sale may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained or made available by the Service, the maximum number of messages that may be sent from or received by a user on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Kanawha County 4 Sale has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to modify these general practices and limits from time to time.
11. Modifications of Service
Kanawha County 4 Sale reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
12. Termination
You agree that Kanawha County 4 Sale may, under certain circumstances and without prior notice, immediately terminate your use of the Service, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your use includes (a) removal of access to all offerings within the Service, including but not limited to ad posting, message boards, alerts, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your use or access to the Service.
13. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers, businesses, and individuals found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, business, or individual. You agree that Kanawha County 4 Sale shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. Links to External Content
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Kanawha County 4 Sale shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Kanawha County 4 Sale EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Kanawha County 4 Sale MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Kanawha County 4 Sale OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Kanawha County 4 Sale SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Kanawha County 4 Sale HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
19. Notice
Kanawha County 4 Sale may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
20. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
Kanawha County 4 Sale respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 us the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
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.
21. General Information
Entire Agreement. The TOS constitute the entire agreement between you and Kanawha County 4 Sale and govern your use of the Service, superseding any prior agreements between you and Kanawha County 4 Sale.
Choice of Law and Forum. The TOS and the relationship between you and Kanawha County 4 Sale shall be governed by the laws of the State of West Virginia without regard to its conflict of law provisions. You and Kanawha County 4 Sale agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kanawha County, West Virginia.
Waiver and Severability of Terms. The failure of Kanawha County 4 Sale to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
Statute of Limitations. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
22. Violations
Please report any violations of the TOS by using our E-mail Contact Form
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