Terms and Conditions
721 North Merrill
Effective Date: 12/1/17
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.tightwadclassifieds.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “us”, “we”, and “our” refer to [Our Company], the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and [Our Company].
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and [Our Company] and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in [Glendive], [MT], and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in [Glendive], [MT] necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in [Glendive], [MT], and will be governed by and construed in accordance with the laws of the state of [MT] without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
[Our Company] grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and [Our Company].
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of [Our Company].
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Eligibility and Registration for Membership
To use our Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. [Our Company] has sole right and discretion to determine whether to accept a Member, and may reject a Member’s
Registration With Or Without Explanation.
When you complete the registration process, you will receive a comfirmation email that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
[Our Company] reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, [Our Company] has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of [Our Company]. [Our Company] does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and [Our Company] or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
[Our Company] is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by [Our Company]. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. [Our Company] is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. [Our Company] assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
[Our Company] is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will [Our Company] be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
[OUR COMPANY], INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. [OUR COMPANY] CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. [OUR COMPANY] DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND [OUR COMPANY].
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL [OUR COMPANY] OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF [OUR COMPANY] IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, [OUR COMPANY]’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed
to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. [Our Company] is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, [Our Company] will submit all necessary information to relevant authorities.
If any Member Content is reported to [Our Company] as being offensive or inappropriate,
we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by [Our Company]. If the Member fails to meet such a request,
[Our Company] has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
Violates any local, state, federal, or international laws
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
Links directly or indirectly to any materials to which you do not have a right to link
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
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, or to extract information from our Website or Services
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
In the sole judgment of [Our Company] is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose [Our Company], our affiliates, or our Users to any harm or liability of any type
Use our Content to:
Develop a competing website
Create compilations or derivative works as defined under United States copyright laws
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You grant [Our Company] a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting [Our Company], its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of [Our Company], its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the
Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
(1) We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, created user account(s), usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request. (d) Or relate/engage in anything illegal in anyway. (e) Agree not to slander or misrepresent tightwadclassifieds in any way shape or form at any time given.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
To the extent that you purchase any online services directly from us, we may refund your purchase price within thirty (31) days of your notifying us in writing of your desire for the refund together with a reason for the request subject to the return of the Product to us in substantially the same condition as when you purchased it.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement. When you terminate membership you give up all rights to sue or other wise damage tightwadclassifieds in anyway shape or form.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email, writing, or on the Tightwadclassifieds website. You are responsible for checking each of those regularly for changes. We will also post these changes on our website. These changes will become effective immediately or 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
Advertisement Terms & Agreements
You are entering to this Website Advertisement Agreement as of September 16, 2016 with [tightwadclassifieds llc], a [State of Formation and Business Type – e.g. Delaware Corporation or Florida Limited Liability Company]. In this Agreement, when referring to you, “your” may also be used; when referring to [tightwadclassifieds llc], “we”, “us”, and “our” may also be used; and when referring to you and [tightwadclassifieds llc], “Party,” and as a collective, “Parties” may be used.
The Parties agree as follows:
In exchange for payment of the fees as required by this Agreement, [tightwadclassifieds llc] will provide you with the following services (Services) regarding the posting of your Advertisement on our website, [www.tightwadclassifieds.com] (Website):
We will post your advertisement (“Advertisement”), as described below, for your business on our Website for the length of time and according to the type of Advertisement you have selected.
Description of Advertisement: _______________________________________________________
(PICK AN OPTION AND DELETE THE REMAINING OPTIONS – [tightwadclassifieds llc] Your Advertisement will be placed on our Website according to the advertising type/package you selected.
We will provide you the ability to send us your Advertisement in an electronic file format. [tightwadclassifieds llc] reserves the right to review all Advertisements before posting them to our Website to make sure that they conform to our guidelines of proper sizing, content, and format. [tightwadclassifieds llc] also reserves the right to prohibit posting of your Advertisement if in our sole discretion we find that it does not conform to our guidelines of proper sizing, content, and format. If we find an Advertisement not to be conforming in some way, we will contact you so that you can make any necessary changes. Once we approve an Advertisement, we will notify you within two (5) business days of the approval.
If you do not have an Advertisement of your own or wish to create a new one, we also offer the services of a graphic artist to design an Advertisement for you. Any graphical Advertisement that we create for you will be electronically provided to you for your review and approval upon receipt of any prepayments that we may require for such services. We will work with the graphic artist to make sure that any such Advertisements meet our necessary guidelines. Upon your approval we will post the Advertisement on our Website.)
You understand and agree to the following duties with regard to this Agreement:
You will wholly abide by the terms of this Agreement and our policies and guidelines with regards to Advertisements as posted on our Website.
Your Advertisement will not link to any website that violates any laws or intellectual property rights, is fraudulent in any fashion, or that in the sole discretion of [tightwadclassifieds llc] may cause harm to [tightwadclassifieds llc] or our Website users
You will be solely responsible for any legal damages to any party, including [tightwadclassifieds llc], resulting from any legal actions that arise from your Advertisement or from use of the website to which you link your Advertisement.
You agree to accepting all written and/or electronic correspondence from [tightwadclassifieds llc] during the course of this Agreement.
You understand and agree that any violation of these duties or the provisions of this Agreement at any time is grounds for the termination of this Agreement at the discretion of [tightwadclassifieds llc] and may subject you to civil and/or criminal liability.
1. Acceptance of Agreement
The Parties agree that this Agreement does not go into full force and effect until accepted by tightwadclassifieds llc. [tightwadclassifieds llc] has sole right to accept or decline this Agreement with or without reason to you. [tightwadclassifieds llc] will notify you of our decision to accept or decline the Agreement within five (5) business days of our receipt of this signed Agreement.
The Parties agree that this Agreement will remain in effect until this Agreement is terminated by either you or [tightwadclassifieds llc].
1. Fees for Services Provided
You understand and agree to the following with regard to fees for Services:
The fee for Services selected is $40.00 per Month or unless stated differently by [tightwadclassifieds] upon agreement.
(You will pay fees for the Services according to the following schedule) Every 31 Days.
You understand that we are not required to provide or continue providing Services if you do not pay the necessary fees.
You may pay fees for Services by any of the following payment methods: credit card, PayPal).
All fees paid by you under this Agreement are nonrefundable, unless otherwise agreed in advance in writing by [tightwadclassifieds llc].
You agree to pay all fees required and not to start any credit card charge backs for Services.
Until this Agreement is terminated you agree to pay fees for Services according to the payment frequency and method that you have selected. You understand and agree that if any payment of fees is declined, we will notify you and you will have five (5) business days to make payment by some other means.
If you fail to make any payment for Services when due under this Agreement, you understand and agree that [tightwadclassifieds llc] reserves the right to remove your Advertisement from our Website until payment is made or at our sole discretion terminate this Agreement.
1. No Warranty or Guarantee
You understand and agree that [tightwadclassifieds llc] makes no warranty or guarantee of any kind with regard to your use of our Services and/or Website, including, but not limited to its function, availability, or impact on you and your business.
1. Limitation of Liability/Disclaimer of Damages
FOR ALL EVENTS AND CIRCUMSTANCES [tightwadclassifieds llc] AND ITS AFFILIATES' AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE, OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND IS NOT TO EXCEED THE AMOUNT THAT YOU PAID TO [tightwadclassifieds llc] UNDER THIS AGREEMENT DURING THE MONTH IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT WILL [tightwadclassifieds llc] OR ITS AFFILIATES BE LIABLE TO YOU FOR: ANY CLAIM BASED UPON A THIRD PARTY CLAIM; ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF [tightwadclassifieds llc] OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT DIRECT OR INDIRECT DISCRIMINATE AGAINST ANYONE ON TIGHTWADCLASSIFIEDS.
Direct discrimination (MEANING)
Is when someone is treated unfairly because of their age, sex, race, carer's responsibility, disability, homosexuality, marital status, HIV/AIDS or Transgender status compared to someone else who does not have those characteristic, in the same or similar circumstances.
For example, if a real estate agent tells an Aboriginal person they have no properties for rent but tells a Caucasian person that they do, this may be direct race discrimination.
Indirect discrimination (MEANING)
Is when there is a requirement or rule that is the same for everyone but in effect disadvantages people from a particular group more than people from other groups - unless the requirement is reasonable in the circumstances.
By using this website and or blog, or making a purchase, user agrees as follows:
The information, services and products are sold or given to the user with the understanding that neither the author, seller, nor publisher is engaged in rendering any legal, business or financial advice to the purchaser or to the general public. The views and opinions expressed
are those of the authors and do not necessarily reflect the official policy or position of
[Tightwadclassifieds.com]. Any content provided by our bloggers or authors are of their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.
Although we make strong efforts to make sure our information is accurate, [Tightwadclassifieds.com] cannot guarantee that all the information on this website and or blog is always correct, complete, or up-to-date.
By purchasing any of our products or services, user agrees to and is knowingly assuming any and all risk associated with using these products or services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES AND INFORMATION ON THIS WEBSITE AND OR BLOG IS PROVIDED "AS IS" AND WITH ALL FAULTS AND [Tightwadclassifieds.com] MAKES NO PROMISES,
REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND [Tightwadclassifieds.com] SPECIFICALLY DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, AND QUIET POSSESSION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION LIES WITH USER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [Tightwadclassifieds.com] OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR USER'S USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF [Tightwadclassifieds.com] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANY DAMAGES USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF [Tightwadclassifieds.com] AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS, SERVICES AND INFORMATION OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. [Tightwadclassifieds.com] has the right to modify these terms and conditions at any time.
This disclaimer is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you, is strictly prohibited.
You represent and warrant to [tightwadclassifieds llc] that you have the authority to enter into this Agreement. Provided that [tightwadclassifieds llc] is compliant with this Agreement and is not negligent in the performance of its Service, you agree to indemnify and hold [tightwadclassifieds llc] harmless and defend [tightwadclassifieds llc] against any and all third party claims, suits, demands, damage, causes of action, liabilities and expenses (including, but not limited to attorneys’ fees and costs of defense, whether or not suit is brought), or expense of any nature whatsoever that may arise as a result of or in connection with Advertisement or your breach of this Agreement.
The Parties agree that this Agreement will remain in effect until this Agreement is terminated by either you or [tightwadclassifieds llc].
You may opt to terminate this Agreement with ten (10) days’ written notice to [tightwadclassifieds llc]. The Parties agree that email is acceptable as long as receipt is confirmed. You understand and agree that [tightwadclassifieds llc] may at its sole discretion terminate this Agreement immediately without prior notice, but will not typically do so unless you have violated this Agreement. The Parties agree that notice of termination is considered effective on the date that the party receives the written notice and that verbal notice is not sufficient to terminate this Agreement. In the event of termination you understand that your Advertisement will immediately be removed from our Website, no refund will be issued to you unless otherwise agreed in writing by [tightwadclassifieds llc], and any electronic files associated with your Advertisement will not be returned to you.
In the event that the Parties cannot amicably resolve a dispute or damage claim resulting from this Agreement [tightwadclassifieds llc] and you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding will be conducted in [City of Arbitration], [State of Arbitration], in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of The Parties. If the Parties cannot agree on an arbitrator, the American Arbitration Association will select an arbitrator from the National Panel of Arbitrators. The laws of the State of [State of Arbitration] will apply to the arbitration proceedings. The Parties agree that the arbitrator cannot award punitive damages to either party and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The Parties agree that either can solicit temporary or initial abatement from a court of able jurisdiction needed to safeguard the rights or possessions of either while awaiting the conclusion of arbitration.
No Other Relationship or Legal Interest
The Parties agree that this Agreement does not create any other relationship or legal interest between the Parties, including, but not limited to any sales contract, license, title, partnership, or other legal right, except as specified by this Agreement.
Choice of Law
The Parties agree that the laws of the State of [Montana] govern any conflict regarding the Agreement without regard to its conflict of law principles.
Invalidity of Provision
The Parties agree that even if a court invalidates a provision of this Agreement, the remaining Agreement provisions are still valid and remain in full effect.
No Other Agreement or Representation
The Parties agree that this Agreement completely expresses their mutual intent and that it supersedes any other oral or written agreement or representation between the Parties with regards to the subject matter of this Agreement.
The Parties agree that no modification can be made to this Agreement without another mutual written agreement.
Effect on Other Parties
The Parties understand and agree that their assigns and successors are bound by this Agreement.
The Parties agree that any notices, consents, approvals, demands, requests, or other communications required by this Agreement may be delivered by electronic means.
The Parties understand and agree that the headings in this Agreement are included only as a matter of convenience and in no way define, limit, or extend the scope of this Agreement or any of its provision.
Your Signature Date
Business Name: ________________________________________________________________
Full Mailing Address: ____________________________________________________________
Email Address: _________________________________________________________________
Phone: (______) ___________________________Fax :(______) _________________________
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