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SWFloridaAds.com wants to make your experience on our website as productive, safe, secure, fun, and exciting as possible for everyone in our area. Please make sure you read, understand, and comply with our User Agreement Our User Agreement The following document describes the terms on which this site, www.SWFloridaAds.com offers you the user the ability to access our services. By using the services of said website you are accepting the terms of our service and must follow this user agreement. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of SWFloridaAds.com (the "Website"). If you do not agree to be bound by the terms and conditions of said Agreement, please do not use or access our services. If you have any questions, please refer to us via email or this document. You must read, agree with and accept all of the terms and conditions contained in this User Agreement before you may become a registered member of SWFloridaAds.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to within this document, as they may contain further terms and conditions that apply to you as a SWFloridaAds.com user. We may amend this Agreement at any time by posting the amended terms on the Website. Except as stated in the agreement below, all amended terms shall automatically be effective 30 days after they are initially posted on the Website. This Agreement is effective upon acceptance in any registration for new registering users. Rules On Placing Ads The placing, listing, or posting of ads containing any form of harassment, slanderous, or defamation of character whether it be racial, religious, or otherwise will be permanently removed and user's account will be suspended from site use. Any and all ads violating the Communications Decency Act or Fair Housing Act will be removed and the lister's user account will be terminated. Violators will be pursued legally by SWFloridaAds.com. We have the right to remove any ad(s) we find in violation of our rules or offensive. We can remove any ads at anytime. About Identity Verification We may use many techniques to verify the accuracy of the information you as a user of this site provide us when you submit your ad. However, because user verification on the Internet is difficult, SWFloridaAds.com cannot and does not confirm each user�s purported identity. We encourage you to communicate directly with potential buying, selling, or trading partners. You may also wish to consider using a third party online escrow service or services that provide additional user verification. Release Because we are a venue, in the event that you have a dispute with one or more users, you release us, SWFloridaAds.com, from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes. Information Control SWFloridaAds.com respects your privacy. Any personal information you provide to us including and similar to your name, address, telephone number and e-mail address will not be released, sold, or rented to any entities or individuals outside of SWFloridaAds.com. SWFloridaAds.com does not control the information provided by other users that is made available through our system. Some users may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying, selling, and trading techniques when using our Website. Also, please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using our Website, you agree to accept such risks and SWFloridaAds.com is not responsible for the acts or omissions of users on this Website. You agree to receive our monthly newsletter Personal Ad Information You must be of legal age (18) to use the SWFloridaAds.com Personal Ads section. If you are not 18 years of age or older you may not use the SWFloridaAds.com Personal Ads section. Any use of SWFloridaAds.com Personal services constitutes an agreement and admission that you are 18 years of age or older. SWFloridaAds.com, nor it�s owner(s) will be held responsible for any minors who violate the law. All ad content materials, text and graphics, are Copyrighted by SWFloridaAds.com. We (SWFloridaAds.com) will accept no liability of any sort, and will not be held responsible for your online experience or for what may or may not happen because of it at the present time or anytime in the future. Please use extreme caution when meeting any people online. Never meet anyone alone or in any secluded area. In no way shape or form will we allow any type of profanity, harassment prostitution, solicitation of minors, open reference to sexual acts/activities or any other illegal activity on our site, if we catch any individual(s) committing these acts you and your account information will be reported to the proper authorities on the first offense and at which time your account on our website will be permanently terminated and your I.P. Address permanently banned. After the first alleged, accused event of such nature takes place our Personals category will be removed from this site permanently. Basically said, don�t offend the general public and this category will remain. Our Personals Category is not a place for discussions, but merely a place to post your ad, repeated ads will be removed. We will not be held responsible for your experience incurred while using our online personals. We do not and cannot view or be involved in any correspondence between parties or individuals. What ever may occur via email, phone, or meetings happens in complete privacy between you and any other users of our site. We are not and will not be involved and please do not get us involved. Use good judgment and be safe! Fraud SWFloridaAds.com may suspend or terminate your use if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our Website. About Copyright Infringement SWFloridaAds.com makes an effort to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties by evaluating each user's posted item(s) prior to posting online. Where it applies, rights owners can report any listings offering infringing items, and request that such items be removed and the lister account of said item(s) will be suspended or terminated accordingly. About Your Information Your Contact Information is defined as any information you provide to us or other users in the registration, listing or transaction process, in any public area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Your contact information will not be disclosed to anyone through our services. If you as a user have the option of posting the information you want accessible to others, this must be noted at time of item posting. Restricted Activities Your Information (or any items listed) and/or your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent and/or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret and/or other proprietary rights and/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 and/or false advertising); (e) be defamatory, trade libelous, unlawfully threatening and/or unlawfully harassing; (f) be obscene and/or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any easter eggs, cancel bots, time bombs, Trojan horses, worms, viruses, and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data and/or personal information; (h) create liability for us and/or cause us to lose (in whole or in part) the services of our ISPs and/or other suppliers; and (i) link directly or indirectly to and/or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to and/or include. Furthermore, you may not list any item on the Website (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation, and/or that violates our current Prohibited, Questionable and/or Infringing Items. External Sites SWFloridaAds.com is not responsible for the content of external internet sites linked from this site. You are advised to read the privacy policy of external sites before disclosing any personal information. We do not and will not allow linking to affiliate websites of any kind, posting links to affiliate site will be grounds for account suspension. Internet Risks Remember the risks whenever you use the Internet. While we do our best to protect your personal information, we cannot guarantee the security of any information that you transmit to SWFloridaAds.com and you are solely responsible for maintaining the secrecy of any passwords or other account information. In addition other Internet sites or services that may be accessible through SWFloridaAds.com have separate data and privacy practices independent of us, and therefore we disclaim any responsibility or liability for their policies or actions. Please contact those vendors and others directly if you have any questions about their privacy policies. License Solely to enable SWFloridaAds.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. SWFloridaAds.com will only use Your Information in accordance with our Privacy Policy. Interference You as a user of this Website agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. You also agree that you will not: (a) take any action that imposes, and/or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of SWFloridaAds.com and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Breach Of This Agreement In the event of a breach, we have the right to limit your activity, immediately remove your item listings, warn our community of your actions, issue you a warning, temporarily suspend, indefinitely suspend and/or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement and/or the documents it incorporates by reference; (b) we are unable to verify and/or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss and/or legal liability for you, our users or us as a provider of this service. Your Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services. No Warranty/No Guarantee We, SWFloridaAds.com, our subsidiaries, officers, directors, employees, and our suppliers provide our Website and it's services "As Is" and without any warranty and/or condition, expresses, implied, or statutory. We, SwFloridaAds.com, our subsidiaries, officers, directors, employees, and our suppliers specifically disclaim any implied warranties of Title, Merchantability, and/or Fitness for a particular purpose and/or non-infringement. Several individual 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. Liability Limit In no event shall we, SWFloridaAds.com, our subsidiaries, officers, directors, employees, and our suppliers be liable for lost profits and/or any special, incidental, and/or consequential damages arising from, developed by, or in connection with our Website, our services and/or this agreement however arising including negligence. Our liability, and/or the liability of our subsidiaries, officers, directors, employees, and our suppliers to you and/or any third party in any circumstance is limited to the amount of fees you pay to us for service in the twelve months prior to the action giving rise to liability. Indemnity You as a user of our service agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to and/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. Legal Compliance You as a user of our service shall comply with all applicable domestic and/or international laws, statutes, ordinances and regulations regarding your use of our service and/or your listing, purchase, solicitation of offers to purchase, and sale of items. No Agency You the "User" and SWFloridaAds.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notices Except where explicitly stated otherwise, any and all notices shall be given to Contact@SWFloridaAds.com (in the case of SWFloridaAds.com) or to the email address you provide to SWFloridaAds.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SWFloridaAds.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. The Resolution of Disputes In the event a dispute arises between you and SWFloridaAds.com, it is our goal to provide you with a neutral and/or cost effective means of resolving the dispute quickly. Accordingly, you and SWFloridaAds.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. Binding Arbitration For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or SWFloridaAds.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the American Arbitration Association or JAMS shall administer the arbitration in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Court Alternatively, a court of competent jurisdiction located in Florida may adjudicate any Claim or where the defendant is located (Florida in the case of SWFloridaAds.com, and in your case your home address and/or principal place of business). You and SWFloridaAds.com agree to submit to the personal jurisdiction of the courts located within Florida. About Alternative Dispute Resolution Alternatively, SWFloridaAds.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Florida and/or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive and/or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. General Information This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and/or to be performed entirely within Florida between Florida 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 and/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 SWFloridaAds.com in accordance with the Section entitled "Notices", in our sole discretion, Headings are for reference purposes only and/or 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 and/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. Sections entitled Fees and Services with respect to fees owed for our services, as well as Release, License, Access and Interference, Liability Limit, Indemnity and Resolution of Disputes shall survive any termination or expiration of this Agreement. Disclosures The services hereunder are offered by SWFloridaAds.com. Disputes between you and SWFloridaAds.com regarding our services may be reported to us by e-mailing Mary@SWFloridaAds.com. We encourage you to report all user-to-user disputes to your local law enforcement, federal law enforcement, postmaster general, or a certified mediation and/or arbitration entity. SWFloridaAds.com reserves the right to alter this document at any time. Any questions about these Terms should be directed to us at: Mary@SWFloridaAds.com
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