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The following User Agreement ("Agreement") governs the use of the KingSell.com online service ("Site") in its entirety, as provided by KingSell.com, LLC. (“KingSell”) Please read the rules contained in this Agreement carefully. Your use of and/or registration on any aspect of the Site will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Site our any of our services. These rules may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the Site by you will constitute your acceptance of any changes or revisions to this Agreement.
Your failure to follow these rules, whether listed below or in bulletins posted at various points on the Site, may result in suspension or termination of your access to the Site, without notice, in addition to other remedies deemed necessary by KingSell in accordance with the laws of the State of Michigan and of the United States of America.
PRIVACY AND USE OF MATERIAL SUPPLIED BY YOU:
KingSell does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the KingSell.com Privacy Policy. We store and process your information on servers located within the United States of America, which are protected by physical, as well as technological security devices. You have the ability to access and modify the information you provide us and choose not to receive certain communications by logging in to your account.
For information regarding use of the material and information you supply or communicate with the Site, please see our Privacy Policy. By uploading files, inputting data, or engaging in any other form of communication through the Site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
PAYMENT FOR SITE SERVICES:
Joining KingSell, searching and ultimately buying any item or service for sale is free of charge. KingSell does charge fees for listing items on the Site. When you place an ad on the Site you will have the opportunity to review and accept the fees that you will be charged based on our Pricing schedule. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the event, new service or distribute promotional codes.
Unless otherwise stated, all fees are quoted and to be paid in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site at the time an ad is created with a valid payment method accepted by KingSell.
ABUSE OF KINGSELL.COM:
It is the explicit intent of KingSell to create and maintain a safe, beneficial and properly working Site for its users and visitors. As a user of the Site you are encouraged to report offensive content, and policy violations to abuse@kingsell.com.
COMMENTS BY USERS ARE NOT ENDORSED:
KingSell does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on classified advertisements contained on the Site. Nor does KingSell, its affiliates, or third party service providers make any warranties with respect to any of the merchandise featured or mentioned on the Site. Any information or material placed online, including, but not limited to, advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of KingSell or its affiliates.
USE OF THE SERVICE BY YOU:
Your right to use the Site is personal to you -- you may not authorize others to use the Site, and you are responsible for all use of the Site by you and by those you allow to use, or provide access to, the Site.
1. Use of the Site is prohibited if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Site. The Site is not intended for users under the age of 18, and KingSell does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us. Any information submitted by such users will not knowingly be used, posted, or retained by us.
2. You agree not to use any obscene, indecent, or offensive language or to place on the Site any material that is defamatory, abusive, harassing, or hateful. Further, you may not place on the Site any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
3. You are responsible for ensuring that any material you provide to the Site or post on a classified advertisement, including but not limited to text and photographs, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Material on the Site is for your personal use only. The Site contains copyrighted and other proprietary information.
4. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, KingSell.com, LLC. or the Site. You may not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without prior expressed written permission from KingSell and any appropriate third party, as applicable.
5. You agree not to disrupt, modify or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site.
6. Other than connecting to KingSell’s servers by http requests using a Web browser, you may not attempt to gain access to KingSell’s servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
7. You may not copy, modify or distribute content from the Site and KingSell’s copyrights and trademarks.
8. You agree not to harvest or otherwise collect information about users, including email address and/or phone numbers, without their consent.
9. You acknowledge that KingSell has not reviewed and does not endorse the content of all sites linked to from this Site and is not responsible for the content or actions of any other sites linked to from this Site. Your linking to any service or site is at your sole risk.
MATERIALS POSTED BY OTHERS:
You agree that KingSell and its affiliates and any third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
EDITING AND DELETIONS:
KingSell reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Site, in its sole discretion, without notice.
SALE AGREEMENTS BETWEEN USERS:
In no way does KingSell govern, facilitate, moderate or warranty the arrangements and or agreements between a user selling an item or service and a user purchasing said item or service. All transactions between buyer and seller are the sole responsibility and risk of the said parties involved in the transaction. KingSell only provides a venue to advertise and promote the sale of items and services for which a fee is paid. KingSell does not collect money from buyers and forward said money to sellers in any manner.
When placing an offer on KingSell.com for an item, that offer is considered valid only if the Seller responds to the Buyer within 48 hours. The Duration and Terms of the offer are to be negotiated between the Buyer and the Seller.
If you have a dispute with one or more users, you release KingSell, its affiliates, and third party service providers from claims, demands, and damages (actual or consequential) of any and every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
COPYRIGHT COMPLAINTS:
KingSell respects the intellectual property of others, and we ask our users to do the same. KingSell may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that KingSell.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify KingSell by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below.
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
4. Information reasonably sufficient to permit KingSell to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Copyright Agent: KingSell.com, LLC., Attention Copyright Infringement, PO Box 165, Grand Haven, MI 49417, USA.
By e-mail: copyright@kingsell.com
Note: Only copyright complaints should be sent to this agent. No other communications will be accepted or responded to.
INDEMNIFICATION:
You agree to indemnify KingSell and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Site, or from your breach of this Agreement, or from any such acts through your use of the Site.
ADDITIONAL RULES:
KingSell reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site. Such additional rules will be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS", AND KINGSELL, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. KINGSELL, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE.
KINGSELL, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE KINGSELL, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE.
TERMINATION OF ACCESS TO THE SERVICE:
KingSell has the right to terminate your ability to access the Site, for any or no reason, without notice.
HYPERLINK DISCLAIMERS:
As a convenience to you, we may provide or may allow other users to provide on this site links to Web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by KingSell. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by KingSell. KingSell does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by KingSell. Links do not imply that KingSell or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of KingSell or any of its affiliates or subsidiaries. Except for links to information authored by KingSell, KingSell is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. KingSell reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
LIMITATIONS ON CLAIM:
Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
JURISDICTION:
KingSell makes no representation that materials on the Site are appropriate, available or legal in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Michigan applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Ottawa County, Michigan. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES:
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from KingSell solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
GENERAL INFORMATION:
To contact KingSell.com, LLC. please write to:
KingSell.com, LLC.
Attention: Feedback
PO BOX 165
Grand Haven, MI 49417
or email: feedback@kingsell.com
If you don't agree to the terms contained in this Agreement, please click the back button on your browser and exit the Site.
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