Stairlift Trader.com Access Agreement
Please read this Agreement carefully before accessing
the Stairlift Trader.com . As a condition to and in consideration
of receiving and accessing the Stairlift Trader.com , the
User agrees to be bound by the terms of this Agreement. Use
of or access to the Stairlift Trader.com shall constitute
acceptance of and agreement to be bound by this Agreement. IF
YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS
THE Stairlift Trader.com . If you have any questions about this
Agreement, please contact us via e-mail at admin@stairlifttrader.com.
Stairlift Trader.com Access Agreement
THIS AGREEMENT "Agreement" is entered into by and
between Stairlift Trader.com and any individual, corporation,
association, agency, company, or other entity who accesses or
uses the Stairlift Trader.com (the "User" or "you").
The Stairlift Trader.com , which is provided without charge
to you, is a World Wide Web site on the Internet that is designed
to allow users to post classified ads and/or to view classifieds
ads posted by other users or interact with those users. The
Stairlift Trader.com is owned and operated by Stairlift Trader.com.
The Stairlift Trader.com contains or may contain information,
communications, opinions, text, graphics, links, electronic
art, animations, audio, video, software, photos, music, sounds
and other material and data (collectively, "Content")
formatted, organized and collected in a variety of forms that
are generally accessible to Users, including directories and
databases, and areas of the Stairlift Trader.com that can
be modified by Users, such as posting ads, uploading multimedia
files, registering user profiles, and creating Auto-Notify profiles
("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the Stairlift Trader.com .
You are responsible for providing all hardware, software, telephone
or other communications equipment and/or service to connect
to the Internet and access the Stairlift Trader.com and are
responsible for all Internet access charges, telephone charges
or other fees or charges incurred in connecting to the Internet
and accessing the Stairlift Trader.com .
1.2 User Conduct.
You agree to access and use the Stairlift Trader.com only
for lawful purposes. You are solely responsible for the knowledge
of and adherence to any and all laws, statutes, rules and regulations,
pertaining to (i) your use of the Stairlift Trader.com , including
any Interactive Area, (ii) the use of any networks or other
services connected to the Stairlift Trader.com , and (iii)
the communications means by which you connect your modem, computer,
or other equipment to the Stairlift Trader.com . By accessing
the Stairlift Trader.com , you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying
the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability or otherwise
violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material
which violates or infringes in the rights of others, including
material which is an invasion of privacy or publicity rights
or which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material
which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications
that are not your own Content or to otherwise interfere with
the ability of others to access the Stairlift Trader.com ;
(6) disrupt the normal flow of communication in an Interactive
Area;
(7) claim a relationship with or to speak for any business,
association, institution or other organization for which you
are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your
Internet access provider or online service.
2. Intellectual Property Rights
2.1 Stairlift Trader.com content.
(a) You acknowledge that Content on the Stairlift Trader.com
is generally provided by the Stairlift Trader.com , individual
contributors of Content ("Contributors"), third party
licensees, and/or other Users. You acknowledge that the Stairlift
Trader.com permits access to Content that is protected by
copyrights, trademarks, and other proprietary (including intellectual
property) rights ("Intellectual Property Rights"),
and that these Intellectual Property Rights are valid and protected
in all media existing now or later developed and except as is
explicitly provided below, your use of Content shall be governed
by applicable copyright and other intellectual property laws.
You acknowledge that the Stairlift Trader.com owns a copyright
in the "look and feel," i.e., the selection, coordination,
arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise
transfer or commercially exploit any of the Content, in whole
or in part, provided, however, that you may (i) make a reasonable
number of digital or other form of copies to permit your computer
hardware and software to access and view the Content, (ii) print
one copy of each piece of Content, (iii) make and distribute
a reasonable number of copies of Content, in whole or in part,
in hard copy or electronic form for internal use only. Any permitted
copies of Content must reproduce in an unmodified form any notices
contained in the Content, such as all Intellectual Property
Right notices, and an original source attribution to "The
Stairlift Trader.com " and its URL address. You acknowledge
that the Stairlift Trader.com , its Contributors, and/or Users
remain the owners of the Content and that you do not acquire
any Intellectual Property Rights by downloading or printing
Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit,
post, publish, reproduce or distribute, on or through the Stairlift
Trader.com only Content that is not subject to any Intellectual
Property Rights, or Content in which any holder of Intellectual
Property Rights has given express authorization for distribution
over the Internet and on the Stairlift Trader.com , without
restriction whatsoever. Any Content submitted with the consent
of a copyright owner other than you should contain a phrase
such as "Copyright owned by [name of owner]; Used by Permission."
By submitting Content to any Interactive Area, you automatically
grant and/or warrant that the owner of such Content, whether
it be You or a third party, has expressly granted to the Stairlift
Trader.com the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
sublicense, distribute, perform, and display such Content, in
whole or in part, worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed
for the full term of any Intellectual Property Rights that may
exist in such Content. You also permit the Stairlift Trader.com
to sublicense to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect to such Content.
You also permit any User to access, view, store and reproduce
the Content for personal use.
3. Interactive Areas
You acknowledge that the Stairlift Trader.com may include
various interactive areas ("Interactive Areas"), including
but not limited to classified ads. These Interactive Areas allow
feedback to the Stairlift Trader.com and real-time interaction
between users. You further understand that the Stairlift Trader.com
does not control the messages, information, or files delivered
to such Interactive Areas and that the Stairlift Trader.com
may offer you and other Users the capability of creating and
managing an Interactive Area. However, neither the Stairlift
Trader.com , its subsidiary and parent companies, or affiliates,
nor their respective directors, officers, employees and agents
are responsible for Content within any Interactive Area. Your
use and/or management of an Interactive Area will be governed
by this Agreement and any additional rules or operating procedures
of any Interactive Area established by you or another User,
as applicable. You recognize that the Stairlift Trader.com
cannot, and does not intend to, screen communications in advance.
Moreover, because the Stairlift Trader.com encourages open
and candid communication in the Interactive Areas, the Stairlift
Trader.com cannot determine in advance the accuracy or conformance
to this Agreement of any Content transmitted in an Interactive
Area. The Stairlift Trader.com is not responsible for screening,
policing, editing, reviewing or monitoring any Content in an
Interactive Area. Notwithstanding the above, you agree that
the Stairlift Trader.com has the right to monitor any Interactive
Area, from time to time and to disclose any information as necessary
to satisfy any law, regulation or other governmental request,
to operate the Interactive Area, or to protect itself or other
Users. If notified of Content that is alleged not to conform
to this Agreement, the Stairlift Trader.com may investigate
the allegation and determine in its sole discretion whether
to remove or request the User to remove such Content. The Stairlift
Trader.com reserves the right to prohibit conduct, communication
or Content within an Interactive Area, or to edit, refuse to
post, or to remove any Content, in whole or in part, which it
deems in its sole discretion to (i) violate the then-standard
provisions of this Agreement or any other standard, written
Stairlift Trader.com policy in effect at that time, (ii) be
harmful to the rights of any User, the Stairlift Trader.com
, or other third parties, (iii) violate applicable law, or (iv)
be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies,
guidelines, or practices of the Stairlift Trader.com in operating
the Stairlift Trader.com , or any change in Content, is for
you to discontinue accessing the Stairlift Trader.com . The
Stairlift Trader.com may terminate or temporarily suspend
your access to all or any part of the Stairlift Trader.com
, without notice, for conduct that the Stairlift Trader.com
believes is a violation of this Agreement or any policies or
guidelines posted by the Stairlift Trader.com , or for other
conduct which the Stairlift Trader.com believes, in its sole
discretion, is harmful to the Stairlift Trader.com or other
Users. The Stairlift Trader.com may discontinue operating
the Stairlift Trader.com and terminate this Agreement without
notice at any time for any reason in its sole discretion. In
the event of termination, you are no longer authorized to access
the Stairlift Trader.com , including the Interactive Areas,
and the restrictions imposed on you with respect to Content
downloaded from the Stairlift Trader.com , as well as the
disclaimers and limitations of liabilities set forth in this
agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products
or services expressly available at the Stairlift Trader.com
, neither the Stairlift Trader.com , its subsidiary and parent
companies, or affiliates, or their respective directors, officers,
employees, and agents controls, provides, or is responsible
for any Content, goods or services available through sites on
the Internet linked to or from the Stairlift Trader.com .
All such Content, goods and services are made accessible on
the Internet by independent third parties and are not part of
the Stairlift Trader.com or controlled by the Stairlift Trader.com
. The Stairlift Trader.com neither endorses nor is responsible
for the accuracy, completeness, usefulness, quality or availability
of any Content, goods or services available on any site linked
to or from the Stairlift Trader.com , which are the sole responsibility
of such independent third parties, and your use thereof is solely
at your own risk. Neither the Stairlift Trader.com , its subsidiary
and parent companies, or affiliates, or their respective directors,
officers, employees, and agents shall be held responsible or
liable, directly or indirectly, for any loss or damage caused
or alleged to have been caused by your use of or reliance on
any Content, goods or services available on any site linked
to or from the Stairlift Trader.com or your inability to access
the Internet or any site linked to or from the Stairlift Trader.com
.
5.2 Disclaimer of Warranties. Please use your best judgment
in evaluating all information contained or opinions expressed
on the Stairlift Trader.com . It is the policy of the Stairlift
Trader.com not to endorse or oppose any opinion expressed
by a User or Content provided by a User, Contributor, or other
independent party.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Stairlift Trader.com
IS AT YOUR SOLE RISK. NEITHER THE Stairlift Trader.com NOR
ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT,
DATA, INFORMATION OR SERVICES WARRANTS THAT THE Stairlift Trader.com
OR ANY INTERNET SITE LINKED TO OR FROM THE Stairlift Trader.com
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE Stairlift Trader.com
OR ANY INTERNET SITE LINKED TO OR FROM THE Stairlift Trader.com
OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE
OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED
THROUGH THE Stairlift Trader.com OR ANY SITE LINKED TO OR
FROM THE . THE Stairlift Trader.com IS PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE
Stairlift Trader.com , ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS
AGREEMENT, THE Stairlift Trader.com , OR ANY INTERNET SITE
LINKED TO OR FROM THE Stairlift Trader.com , WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY
FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT,
SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT,
DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Stairlift Trader.com , ITS
SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS,
BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE
OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED
WITHIN THE Stairlift Trader.com OR THE CONTENT CONTAINED WITHIN
ANY INTERNET SITE LINKED TO OR FROM THE Stairlift Trader.com
. THE CONTENT WITHIN THE Stairlift Trader.com AND THE CONTENT
WITHIN INTERNET SITES LINKED TO OR FROM THE Stairlift Trader.com
MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN;
THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE Stairlift
Trader.com AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT.
THE Stairlift Trader.com AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE Stairlift Trader.com
IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR
OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED
WITH ANY Stairlift Trader.com SITE CONTENT, OR WITH THE ACCESS
AGREEMENT OF THE Stairlift Trader.com , IN WHOLE OR IN PART,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Stairlift
Trader.com .
6. Indemnity
You agree to indemnify and hold the Stairlift Trader.com
, its parent or subsidiary companies and their affiliates, and
their respective directors, officers, employees, and agents
from any and all liabilities, claims and expenses, including
reasonable attorneys fees, arising from breach of this Agreement,
any other policy, your use or access of the Stairlift Trader.com
or any Internet site linked to or from the Stairlift Trader.com
, or in connection with the transmission of any Content on the
Stairlift Trader.com .
7. Miscellaneous
This Agreement comprises the entire agreement between the Stairlift
Trader.com and you, and supersedes any prior agreements with
respect to the subject matter herein. The Stairlift Trader.com
may revise this Agreement or any other policy at any time and
from time to time, and such revision shall be effective two
(2) days upon posting notice of such revision prominently on
the Stairlift Trader.com . You agree to review this Agreement
periodically to be aware of such revisions. If any such revision
is unacceptable to you, you must discontinue accessing the Stairlift
Trader.com . Your continued accessing and use of the Stairlift
Trader.com following notice of any such revision shall conclusively
be deemed acceptance of all such revisions. The provisions of
Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive
the termination or expiration of this Agreement. If any provision
of this Agreement or any other policy be held invalid or unenforceable,
that portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intention
of the parties and the remaining portions will continue in full
force and effect. The failure of the Stairlift Trader.com
to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any
provision or right. This Agreement shall be governed by the
laws of the state or province of domicile of the Stairlift Trader.com
, excluding its conflict of laws rules, and you and the Stairlift
Trader.com each submit to the exclusive jurisdiction of the
courts of that state or province. This Agreement is personal
to you and you may not assign your rights or obligations thereunder
to anyone. All logos, brand names, products, trademarks and
service marks appearing herein may be the trademarks or service
marks of their respective owners. References to any trademark,
service mark and links to or from the Stairlift Trader.com
have been done strictly for clarification and identification
and does not constitute endorsement by the Stairlift Trader.com
of the products, services or information offered by the owner
of such trademark, service mark or link or endorsement of the
Stairlift Trader.com by such trademark, service mark or link
owner.
