Terms of Use
ACCEPTANCE OF TERMS:
The calcoworldmarket.com (hereafter referred to as “CA”), provides a collection of classified ads and business listings, (hereafter referred to as “Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using the Service, you agree to abide by any applicable posted guidelines which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, any subsequent modifications thereto, or become dissatisfied with CA in any way, your only recourse is to immediately discontinue use of CA.
MODIFICATIONS TO THIS AGREEMENT:
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review the agreement on a regular basis to keep yourself apprised of any changes.
CONTENT:
You understand that all postings, messages, text, files, images, photos, video, sounds, or other material (“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 CA does not control and is not responsible for the 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 CA site and Content available through the Service may contain links to other websites, which are completely independent of CA. CA 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 any Content, that you may not rely on said Content and that under no circumstances will CA be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Service. You acknowledge that CA does not pre-screen or approve Content, but that CA shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
THIRD PARTY CONTENT, SITES AND SERVICES:
The CA site and Content available through the Service may contain features and functions that may link you to or provide you with access to third party content which is completely independent of CA, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services and the Internet as a whole. Your interactions 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, are 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 CA shall not be responsible or liable for any 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 CA is under no obligation to become involved. In the event you have a a dispute with one or more of the other users, you hereby release CA, 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.
PRIVACY AND INFORMATION DISCLOSURE:
CA has established a privacy policy. Your use of the CA website or the Service represents acknowledgment of and agreement to our privacy policy. You further acknowledge and agree that CA may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps and other user information, if required to do so by law or the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process, enforce the TOU, respond to claims that any content violates the rights of third-parties, respond to claims that contact information (e.g. phone number, street address) of a third party has been posted or transmitted without their consent or as a form of harassment and protect the rights, property or personal safety of CA, its users or the general public.
CONDUCT:
You agree not to post, email or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the bases of religion, gender, sexual orientation, race, ethnicity, age or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order or federal, state, or local government contract;
g) that impersonates any person or entity, including but not limited to, a CA employee, or falsely states or otherwise misrepresents your affiliated with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);
h) that includes personal or identifying information about another person without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains “junk mail”, “spam”, “chain letters”, “pyramid schemes”, "multi-level schemes" or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if:
1. posted in areas of the CA site which are not designated for such purposes
2. emailed to CA users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests;
m) that advertises any illegal service or the sale of any items in which the sale of the item or service is prohibited or restricted by any applicable law. A discussion of prohibited items for sale and prohibited services offered is provided on this site;
n) 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;
o) that disrupts the normal flow of dialog with an excessive amount of content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
p) that employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
q) contact anyone who has asked not to be contacted;
r) “stalk” or otherwise harass anyone;
s) collect personal data about other users for commercial or unlawful purposes;
t) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by CA;
u) post ads in unauthorized areas and/or cities;
v) attempt to gain unauthorized access to CA's 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 of the CA website;
w) use any form of automated device or computer program that enables the unauthorized postings of ads on CA's site.
NO SPAM POLICY:
You understand and agree that sending unsolicited email advertisements to CA's advertisers' email addresses or through CA's computer systems is strictly prohibited.
POSTING ADS:
Each account holder placing an ad on the Service is responsible for their ad's content and compliance with the TOU. The account fee paid will be non-refundable in the event that the Content is removed from the service for violating the TOU.
LIMITATIONS ON SERVICE:
You acknowledge that CA reserves the right to, at any time, modify or discontinue the Service (or any part thereof) with or without notice, and that CA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SITE:
Use of the Service beyond the scope of authorized access granted to you by CA immediately terminates 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 not stated herein, you must first obtain permission from CA.
TERMINATION OF SERVICE:
You agree that CA in its sole discretion, has the right (but not the obligation) to delete or deactivate your account 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 but without limitation, if CA believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that CA shall not be liable to you or any third party for any termination of your account. Further, you agree not to attempt to use the Service after said termination.
PROPRIETARY RIGHTS:
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 copyright 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 site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of CA. You further agree to abide by any and all copyright notices displayed on the site. 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 CA 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 CA 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 sub licenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant CA 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.
DISCLAIMER OF WARRANTIES:
You agree that use of the CA site and the Service is entirely at your own risk. The CA 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 but without limitation to, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, CA disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the CA site and the Service. To the fullest extent permitted by law, CA disclaims any warranties for any other services or goods received through or advertised on the CA site or the sites or service, or accessed through any links on the CA site. To the fullest extent permitted by law, CA disclaims any warranties for viruses or other harmful components in connection with the CA site or the Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdiction, some of the disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY:
Under no circumstances shall CA be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if CA has been advised of the possibility of such damages), resulting from any aspect of your use of the CA site or the Service, whether the damages arise from the use or misuse of the CA site or the Service, from inability to use the CA site or the Service, or the interruption, suspension, modification, alteration, or termination of the CA 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 CA site or the Service or any links on the CA site, as well as by reason of any information or advice received through or advertised in connection with the CA site or the Service or any links on the CA site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, some of the foregoing limitations may not apply to you.
INDEMNITY:
You agree to indemnify and hold CA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, 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 though the Service, your use of the Service, your violation of the TOU, your breach of any of the representation and warranties herein, or your violation of any rights of another.
GENERAL INFORMATION:
The TOU constitute the entire agreement between you and CA and govern your use of the Service, superceding any prior agreements between you and CA. The TOU and the relationship between you and CA shall be governed by the laws of the State of Texas without regard to its conflict of any law provisions. You and CA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, Texas. The failure of CA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision 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 filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES:
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 CA to pursue legal action to enforce the TOU, you will be liable to pay CA the following amounts as liquidated damages, which you accept as reasonable estimates of CA's damages for the specified breaches of the TOU.
a. If you post an ad 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 CA one thousand dollars ($1,000) for each incidence. This provision does not apply to language that is lawful non-deceptive parodies of public figures.
b. If you send unsolicited email advertisements to CA email addresses or through CA computer systems, you agree to pay CA twenty five dollars ($25) for each such email.
c. If you post content in violation of the TOU, other than as described above, you agree to pay CA one hundred dollars ($100) for each item of content posted. In its sole discretion, CA may elect to issue a warning before assessing damages.
d. 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 CA's express written consent, you agree to pay CA three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay CA's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, CA 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.