Terms of Service
|By using DuckPond.com (The Site), you hereby agree to be bound by all of the following Terms of Service below. We reserve the right to make changes to these Terms of Service at any time. You should review these terms from time to time for such changes.|
All individuals using any of the services on The Site (The Services) agree to hold The Site harmless for any loss or damages incurred, either directly or indirectly, related to use of The Services. The Site will not refund any monies because of delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and/or services published on this Site. You agree that, if you use The Services, you do so at your own and sole risk. The Services are provided to you on an "as is" and "as available" basis, and can be discontinued by The Site at any time.
The Site does not warrant that The Services will:
(a) Meet your requirements;
(b) Will be uninterrupted, timely, secure, or error-free;
(c) Any information that you can obtain on The Site will be accurate or reliable;
(d) The quantity of any products, services, information, or other material available on The Site;
(e) The quality of any products, services, information, or other material purchased or obtained by you through The Site will meet your expectations;
(f) Any information you provide or we collect will not be acquired by third-parties;
(g) Any errors in any data or software will be corrected; and,
(h) Any data transmitted through the use of The Site is free of viruses.
You agree that the liability of The Site and its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way arising out of or otherwise related to The Services, shall not exceed the amount you have paid The Site. You agree to settle all legal disputes with The Site in the state of California under California state law. Any disputes regarding products and services offered though The Site should be arbitrated and settled between the Buyer and Seller, not The Site. However, The Site appreciates any such disputes being reported to its staff.
1. PERSONAL SAFETY
The Site is not aware of the background of users of The Site, and accepts no liability for transactions conducted between Buyers and Sellers. You are encouraged to use good judgment and employ all safety precautions when conducting transactions with other users, just as you would for all other sales and business transactions conducted with strangers. You are solely responsible for your interactions with other users of The Services. The Site will not be responsible for any damage or harm resulting from your interactions with other users of The Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of The Services and take any other action in good faith to restrict access to or the availability of any material that we or another user of The Services may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable.
2. USER CONDUCT
A. Seller's Responsibility for Accuracy of Data
The Seller is solely responsible for the accuracy of the information within his Account and all associated Ads.
By using The Site, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example, and without limitation, you agree not to:
(a) Violate any applicable law or regulation;
(b) Infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
(c) Use the information available through The Services for any unauthorized purpose;
(d) Interfere with or damage The Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(e) Use The Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers;
(f) Use The Services in connection with the distribution of unsolicited commercial e-mail ("SPAM") or advertisements;
(g) "Stalk" or harass any other user of The Services;
(h) Collect or store any information about any other user other than in the course of the permitted use of The Services;
(i) Use The Services for any commercial purpose whatsoever; or,
(j) Assist any third party in doing any of the foregoing.
Additionally, you agree that:
(a) You are at least 18 years of age; and,
(b) The information you enter within your Account is accurate, including but not limited to all Seller Contact information.
By placing an Ad on The Site, you agree that:
(a) The information provided within the Ad is true and accurate;
(b) You have disclosed all known major defects of the listed item for sale;
(c) You are the registered owner for the listed item for sale;
(d) The item for sale is located at the advertised location and is available for immediate delivery upon completion of the transaction;
(e) The price listed within the Ad accurately represents the final cost to the Buyer, exclusive of taxes and customary property transfer fees;
(f) None of the information listed within the Ad infringes upon any copyright, is defamatory, or otherwise violates the rights of, or may cause damage or injury to, any other person or entity, or violates any law;
(g) The content of your Ad does not contain profanity or abusive language;
(h) You will not upload any materials to The Site that can cause harm to the Site.
DuckPond.com reserves the right to delete any Ad that does not comply with the criteria stated above, without refund to the Seller. Additionally, The Site reserves the right to render the Ad inactive, with notification to the Seller of required changes, until such time as the required changes have been made, without refund to the Seller.
B. Buyer's Responsibility for Accuracy of Data
Much of the information provided by The Site is supplied by Sellers who place an Ad directly on The Site, and through links to third-party sellers of goods and services. The Site provides this information without representations or warranties of any kind, either expressed or implied. The accuracy of the information provided by Sellers or through third-party links on The Site is solely the responsibility of the Seller or third-party and should be analyzed and evaluated like any other information provided to you in a sales or business transaction. The Site is not responsible for the completeness or incompleteness, accuracy or inaccuracy, size, arrangement or content of any text, graphics, audio/visual or other material furnished by the Seller to be reproduced or incorporated in the Ad. In the event the Ad or any part thereof is defective due to The Site's error, including negligence. The Site shall not be liable for any special or consequential damages.
The Site and its affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the information available through The Services, or any information, goods, or services that are referred to, advertised on, or sold through The Services. Nor, do they guarantee that The Services will be error free, or continuously available, or that The Services will be free of viruses or other harmful components. You agree to settle all legal disputes with The Site in the state of California under California state law.
The Site staff do not review all of the information listed on The Site, nor are they aware of the background of the Sellers who are listing services and items for sale on The Site. If The Site staff has proof that a Seller has fraudulently represented himself or his product, the staff will make every effort to ban that Seller from The Site, however with the ease of acquiring a new e-mail address on the Internet, these efforts are not guaranteed. As with any sales or business transaction, your own sound judgment should be used when making a decision to purchase a product and service published on The Site. Any disputes regarding products and services offered though The Site should be arbitrated and settled between the Buyer and Seller, not The Site. However, The Site appreciates any such disputes being reported to their staff.
The Site links to third-party web sites that are not operated by The Site, offering additional products and services such as insurance, financing, valuations, and other services. The Site does not guarantee prices, terms, quality, reliability or performance of the products or services offered by these third-party vendors, and holds no responsibility for the products and services provided by any third-party. You agree that The Site is only referring you to its third-party affiliates and not validating, warranting, promoting, or endorsing any products or services offered by these third-party vendors made available through The Site.
C. No SPAMMING
The Site WILL NOT TOLERATE SPAM IN ANY WAY AND WILL PROSECUTE SPAMMERS TO THE FULLEST EXTENT OF THE LAW.
* The Services allow Site users to see some Seller information, such as the Seller's phone or mobile number. The Services also allow Site users to contact the Seller by e-mail. This information and functionality are to be used only for The Services provided on The Site, and are not to be used to contact the Seller for any other purposes.
* The Site and its users will not tolerate any SPAM. No entity is licensed to add any Seller listed on The Site, even one with whom you have transacted, to its mail (e-mail or physical) or phone list without the Seller's express consent after adequate disclosure.
* The "E-Mail This Ad To A Friend" service is provided as a way for Site users to pass Ads easily to interested friends, and may not be used to send SPAM.
3. USER PRIVACY
The Site provides safeguards for the confidentiality of your personally identifiable information. However, "perfect security" does not exist on the Internet.
When creating your Account, you will select a UserName and PassWord. You are solely and fully responsible for maintaining the confidentiality of your UserName and PassWord, and are solely and fully responsible for all activities that occur under your UserName and PassWord. You agree to:
(a) Immediately notify us of any unauthorized use of your UserName and PassWord or any other break of security; and,
(b) Ensure you log off from your account at the end of each session.
We cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Additionally, The Site staff will never ask you for your PassWord. If you receive a request from anyone claiming to represent us, do not reveal this information. Instead, please contact The Site.
4. USER FINANCIAL RESPONSIBILITY
The cost to list Ads on The Site are subject to change at any time. Any Ads posted prior to the change will still be valid and will continue to be honored by The Site under the agreement that they were purchased. Ad renewals will be subject to the new price structure.
If payment is required to list an Ad, once your credit card is charged, your Ad will be listed. There are no refunds. Even if you cancel your Ad prior to its expiration date, no refund will be provided.
The Site will not be responsible for disruptions in the availability of The Services. The Site does attempt to keep The Services available at all times, however the Internet is a medium that due to circumstances beyond The Site's control, may from time to time render The Services unavailable. The Site will not be held responsible for loss of time or money associated to the submission of information or content that may be erased, corrupted, lost or destroyed in any way.
5. TRANSMITTAL OF DATA
If you access or transmit any content through the use of The Site, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions.
6. PROPRIETARY RIGHTS
The Site is the sole owner of The Services and of all information provided by and posted to The Site. The use, reproduction, or storing of content for any purpose other than to contact a Seller, purchase a product or compare prices for the purchase of an Item or Service is prohibited. You cannot use the information provided by The Site to re-create a directory, re-brand the information or re-distribute the information in any way. Information provided by The Site is for individual non-commercial use only. All information, processes and content contained within and that make up The Services are the sole property of The Site. You may print Ads and Seller contact information for personal non-commercial use only. You may not print any screen that requires users to login prior to accessing them. You may not reproduce, duplicate or redistribute any information provided by The Site for profit or personal gain of any kind. You may not frame any content or pages contained within the Site unless expressly granted permission by The Site.
A. You agree that all content and materials available on The Site are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by The Site, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on The Site. Notwithstanding the above, you may use the content and materials on The Site in the course of your normal, personal, non-commercial use of The Services.
B. You agree not to systematically retrieve data or other content or any materials from The Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use the trademark as metatags on other web sites. You agree not to display any of The Site in a frame or any of our content via in-line links) without our express written permission, which may be requested by contacting us using the "Contact Us" section of The Site. You may, however, establish ordinary links to the Home Page of our Site without our written permission.
7. LIMITS ON LIABILITY
You agree that The Site will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if The Site has been advised of the possibility of such damages), arising from, relating to or connected with:
(a) The use or inability to use The Services;
(b) The cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from The Site;
(c) Disclosure of, unauthorized access to or alteration of your content;
(d) Statements, conduct or omissions of any service providers or other third-party on The Services; or,
(e) Any other matter arising from, relating to or connected with The Services or these terms.
In no event will our aggregate liability to you or any third-party in any matter arising from, relating to or connected with our service or these terms exceed the sum of two-hundred ($200) dollars.
You agree to defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorney's fees, incurred in connection with any suit or proceeding brought against us arising out of your use of The Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms of Service by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
All disputes arising out of or relating to these Terms or your use of The Services will be exclusively resolved under binding arbitration held in California before and in accordance with the Rules of the American Arbitration Association, except that we will have the right to seek injunctive or other equitable relief in the state or federal court located in California to enforce these terms or prevent an infringement of a third-party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
These Terms of Service shall be interpreted in accordance with the laws of the State of California without reference to conflict of law principles. These Terms of Service contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.