User Agreement
This Agreement is entered into between Free Mustang Classifieds
("Free Mustang Classifieds" or the "Site") and the registrant to
use the Free Mustang Classifieds Website (referred to as "you" or "your"
herein). BY REGISTERING TO USE AND USING THE Free Mustang Classifieds WEBSITE, YOU ACCEPT
AND AGREE TO THE TERMS AND CONDITIONS AS STATED BELOW.
1. Eligibility for Membership.
Free Mustang Classifieds services are only available to individuals or businesses who
can form legally binding contracts under applicable law. Without limiting the
foregoing, our services are not available to minors. Without limiting the foregoing,
our services are only available to persons residing within the United States.
If you do not qualify, please do not use our services.
2. Money.
All classified advertisements on Free Mustang Classifieds are to be listed in US Dollars.
All payments to Free Mustang Classifieds are to be made in US Dollars.
3. Fees.
Free Mustang Classifieds fees are listed at Free Mustang Classifieds and are incorporated
herein by reference. All fees are quoted in U.S. Dollars. You are responsible
for paying all applicable taxes and for all hardware, software, service and
other costs you incur to bid, buy, procure a listing from us or access our servers.
We may in our sole discretion add, delete or change some or all of our services
at any time.
4. Free Mustang Classifieds is Only a Venue. Unless Free Mustang Classifieds is listed
as the seller, Free Mustang Classifieds is not a party to the transaction. Free Mustang Classifieds does not and cannot act as a guarantor for any listing in which it is not a
party. Sellers are solely responsible for the availability and distribution
of products, their rights to sell the products, the processing of orders, and
any warranties. Buyers are responsible for their ability to participate and
are solely responsible for payment. Also, Free Mustang Classifieds is not responsible
for the quality, safety, or legality of the items advertised or the truth and
accuracy of the listings.
Free Mustang Classifieds cannot be involved in user-to-user dealings. In the event
that you have a dispute with one or more users, you release Free Mustang Classifieds (and our agents 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.
5. Prohibited Items. The listing or posting of the following are STRICTLY PROHIBITED
on Free Mustang Classifieds: (i) firearms; (ii) adult-themed, pornographic, obscene,
nude, graphically violent, and other inappropriate images or items; (iii) illegal
items or materials; (iv) animals, if priced under $25.00; (v) any other items,
material, services, or subject matter that Free Mustang Classifieds, in its sole discretion,
regards as inappropriate for its Website. Posting of these types of materials
may result in losing your account, and in some cases may result in criminal
charges either from Free Mustang Classifieds, other users of the system, or possibly
even from legal authorities that might monitor our system with or without our
knowledge.
6. Records. Free Mustang Classifieds does not guarantee preservation of records,
including, but not limited to, records of specific transactions.
7. Your Information. Your information includes any information you provide
to Free Mustang Classifieds or other users during the registration, bidding or listing
process, in any public message area or through any email feature (referred to
herein as "Your Information"). With respect to Your Information:
(i) You are solely responsible for Your Information and its accuracy. Providing
false information or information which Free Mustang Classifieds, in its sole discretion,
believes may create liability for it or may cause it to lose (in whole or in
part) the services of our ISPs or other suppliers is not allowed.
(ii) Your Information and the sale of your item(s) shall not violate any law,
statute, ordinance or regulation (including without limitation those governing
export control, consumer protection, unfair competition, antidiscrimination
or false advertising).
(iii) Your Information and the sale of your item(s) shall not infringe any
third party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy.
(iv) Your Information and the sale of your item(s) shall not be defamatory,
trade libelous, unlawfully threating or unlawfully harassing.
(v) Your Information and the sale of your item(s) shall not be obscene, pornographic
or indecent.
(vi) Your Information and the sale of your item(s) shall not contain any viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information.
(vii) You may not post on Free Mustang Classifieds or sell through your site an item
that, by paying us the listing fee, could cause Free Mustang Classifieds to violate
any applicable law, statute, ordinance or regulation.
Solely to enable Free Mustang Classifieds to use Your Information you supply us with,
so that we are not violating any rights you might have in that information,
you agree to grant Free Mustang Classifieds a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicenseable (through multiple tiers) right to
exercise the copyright and publicity rights (but no other rights) you have in
Your Information, in any media now known or not currently known, with respect
to Your Information. Free Mustang Classifieds will only use Your Information in accordance
with our Privacy Policy.
8. Other Users' Information.
The use of private user information, other than as expressly permitted in our
Privacy Policy., is strictly prohibited.
9. Unsolicited Commercial Email.
Users are prohibited from sending unsolicited commercial email to other users.
10. Breach.
Free Mustang Classifieds may terminate your membership and any of your current listings
immediately if you breach this Agreement or if it is unable to verify or authenticate
any information you provide to us.
11. Caution.
Free Mustang Classifieds does not guarantee that it will notice or prevent any inappropriate
use of our system. Free Mustang Classifieds also does not guarantee that it will notice
or prevent users from registering with false personal information. Free Mustang Classifieds advises you, and, by your assent to this agreement, you agree, to exercise the
same caution in doing business with users of this system that a reasonable person
would exercise in doing business with a stranger.
12. Privacy.
Our current Privacy Policy is available at Privacy Policy. and incorporated
herein by reference.
13. Our Rights.
Free Mustang Classifieds reserves the right in its sole discretion to edit or delete
any listings or other material appearing on the Site, including but not limited
to material posted by a.user if necessary to comply with this User Agreement.
Free Mustang Classifieds reserves the right to move listings from one category to another
or to end listings as appropriate, in its sole discretion. Free Mustang Classifieds reserves
the right to refuse service to anyone, at any time, for any reason.
14. No Warranty.
THE Free Mustang Classifieds WEBSITE IS PROVIDED "AS IS", THEREFORE TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Free Mustang Classifieds AND ITS SUPPLIERS
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, WITH REGARD TO WEB PAGES, SCRIPTS, DATABASES, ANY WRITTEN
CORRESPONDENCE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
15. Limit of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Free Mustang Classifieds OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USER OF OR INABILITY TO USE THE Free Mustang Classifieds SITE
OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF Free Mustang Classifieds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY
OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED
TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO
THE ACTION GIVING RISE TO LIABILITY, OR U.S. $5.00.
16. General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our service and your bidding on, listing, purchase and
sale of items.
17. No Agency.
You and Free Mustang Classifieds are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchisor-franchisee relationship is intended
or created by this Agreement.
18. Notices.
Except as explicitly stated otherwise, any notices shall be given by email
to webmaster@curtismedia.com (in the case of Free Mustang Classifieds) or to the email
address you provide to Free Mustang Classifieds during the registration process (in your
case), or such other address as the party shall specify. 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 Free Mustang Classifieds during the registration process. In such case, notice shall
be deemed given 3 days after the date of mailing.
19. General.
This Agreement shall be governed in all respects by the laws of the State of
North Carolina as such laws are applied to agreements entered into and to be
performed entirely within North Carolina between North Carolina residents. Both
parties submit to jurisdiction in North Carolina and further agree that any
cause of action arising under this Agreement shall be brought exclusively in
a court in Raleigh, North Carolina. We do not guarantee continuous, uninterrupted
or secure access to our services, and operation of our 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. 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.
20. Limited Right to Use.
The viewing, printing, or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive license for use solely
by you for your own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of any
content, form, or document may be reproduced in any form or incorporated into
any information retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution). The content, organization,
graphics, design compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable copyrights, trademarks
and other proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such matters or
any part of the Site, except as allowed herein, is strictly prohibited. You
do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such information and materials.
21. Indemnification.
You agree to indemnify, defend and hold Free Mustang Classifieds and its partners, officers,
staff and affiliates harmless from any liability, loss, claim and expense, including
attorneys' fees, related to your violation of this Agreement.
22. Amendments.
Free Mustang Classifieds reserves the right to make changes to this Agreement at any
time by posting the amended terms on the Free Mustang Classifieds Website. Amended terms
shall automatically be effective 30 days after they are posted. This Agreement
may not be otherwise amended except in writing agreed to and signed by both
parties.
23. Disclosures. The services hereunder are offered by RDU Classifieds. Fees for our services are described at Free Mustang Classifieds Fees. If you have any questions,
please contact jlevy@jrequest.com.
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