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. |
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