TERMS OF USE OF THIS SITE
The use of this web site (the "Web Site") is subject to the terms and conditions
stated herein and to the terms set by the Site Owner. Use of the Web Site constitutes an agreement by you, the
user, that your use is governed by these terms and conditions. In addition, when using particular XSitePro services, you will be subject to any guidelines or rules applicable to such
services that may be posted from time to time.
You are responsible for regularly reviewing this Agreement.
Ownership of Intellectual Property
The works of authorship contained in this Web Site, including but not limited to all
design, text and images, are owned, except as otherwise expressly stated, by the Site Owner or its business
partners.
United States and worldwide copyright laws and treaty provisions protect the
contents of this Web Site. In accordance with these terms, except as stated above,
Appropriate Conduct and Prohibited Uses:
You agree that You are responsible for your own conduct and content while using the
Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and
in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a
limitation, You agree that when using the Service, You will not:
- Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from,
transmit or distribute in any way material from the Web Site without express written permission;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others;
- upload, post, email or transmit or otherwise make available any inappropriate,
defamatory, infringing, obscene, or unlawful Content;
- upload, post, email or transmit or otherwise make available any Content that
infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You
are the owner of the Rights or have the permission of the owner to post such Content;
- upload, post, email or transmit or otherwise make available messages that
promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else
prohibited by law, these Terms of Service or any applicable policies or guidelines.
- download any file posted by another that You know, or reasonably should know,
that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author
attributions, legal or other proper notices or proprietary designations or labels of the origin or source of
software or other material;
- restrict or inhibit any other user from using and enjoying Site Owner's
services;
- use services for any illegal or unauthorized purpose;
- interfere with or disrupt services or servers or networks connected to Site
Owners and/or ALM services, or disobey any requirements, procedures, policies or regulations of networks
connected to Site Owner's services;
- use any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of services or collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored
or endorsed by the Site Owner;
- create user accounts by automated means or under false or fraudulent
pretenses;
- promote or provide instructional information about illegal activities or
promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a
destructive nature.
- Redeliver, transfer, or sell any information, software, lists of users,
databases or other lists, products, or services provided through or obtained from the Site Owner's Web Sites.
This includes among other activities, using "framing, scraping, screen scraping, database scraping, or any
other activity with the purpose of obtaining lists of users or other information and includes any of the pages,
text, images or other content of this Web Site technology without express written permission.
- Soliciting any of the individuals or companies listed on this web site for
purposes of selling products or services is prohibited.
- International users agree to comply with their own local rules regarding online
conduct and acceptable content, including laws regulating the export of data to the United States or your
country of residence.
Listings
Site Owner does not guarantee the availability of the listings. Site Owner does not
make guarantees as to the time it takes for a listing to sell, the likelihood, or duration for a listing to
sell.
Market Volatility
Site owner is not liable for changes in the market that change buyer/seller
conditions.
Activity Restriction
Site use is restricted to buyer/seller activities only.
Web Site Security
You are prohibited from violating or attempting to violate the security of the Web
Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or
account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper authorization or (c) attempting to
interfere with service to any user, host or network. Violations of system or network security may result in civil
or criminal liability. ALM and/or Site Owner will investigate occurrences that may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such
violations.
DISCLAIMER OF WARRANTY
THE WEB SITES ARE PROVIDED "AS-IS" AND "WITH ALL FAULTS" AND, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, AND SITE OWNER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, REGARDING THE WEB SITES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY,
ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY
USING THE WEB SITES. THE COMPANY DOES NOT WARRANT THAT THE WEB SITES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER
PROGRAM LIMITATIONS.
THE SITE OWNER 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.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE
OWNER OR THROUGH OR FROM ANY OTHER SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
OF USE.
LIMITATION OF LIABILITY
THE SITE OWNER SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION
OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH
INFORMATION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITES. USE OF THE SITE
OWNER WEB SITES IS AT YOUR OWN DISCRETION AND RISK AND 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. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITES, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITES.
Indemnity
You will indemnify, defend and hold harmless Site Owner, officers, directors,
employees agents and business partners (each, an "Indemnified Party") from and against any and all claims,
demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively,
"Damages") incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of
the Web Sites or (ii) your breach of this Agreement.
Governing Law/Arbitration
This Agreement shall be construed and governed by the State of Florida, U.S.A. You
hereby consent to the exclusive jurisdiction and venue of courts sitting in Jacksonville, Florida in all disputes
arising out of or relating to the use of the Web Sites. Use of the Web Sites is unauthorized in any jurisdiction
that does not give the effect to all provisions of these terms and conditions, including without limitation this
paragraph.
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