Click2SanJose.com - Classifieds - Terms and Conditions of Service

Classifieds - Terms and Conditions of Service and Disclaimer of Warranties

THIS AGREEMENT "Agreement" is entered into by and between Click2SanJose.com, a San Jose, CA limited liability company ("Click2SanJose.com") and any individual, corporation, association, agency, company, or other entity who accesses or uses the Classified Section (the "User" or "you"). Please read this Agreement carefully before accessing the Classified Section. AS A CONDITION TO AND IN CONSIDERATION OF RECEIVING AND ACCESSING CLICK2SANJOSE CLASSIFIEDS, THE USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. Use of or access to the Classified Section 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 CLICK2SANJOSE CLASSIFIEDS. If you have any questions about this Agreement, please contact us via e-mail at info@click2sanjose.com

TERMS OF USE
You agree to access and use Click2SanJose.com Classifieds 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 your use of Click2SanJose.com Classifieds and the communications means by which you connect your modem, computer, or other equipment to Click2SanJose.com Classifieds. By accessing Click2SanJose.com Classifieds, you agree that you will not:

alter, damage or delete any content in Click2SanJose.com Classifieds or otherwise interfere with the ability of others to access Click2SanJose.com Classifieds;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information or statements 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 other applicable law;
post or transmit any information, advertisement, 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.
post or transmit any information, software or other material which contains a virus or other harmful component;
post or transmit any information or other material which contains incorrect, incomplete, or misleading information.

DISCLAIMERS
This site provides free posting of ads. You expressly agree that use of Click2SanJose.com Classifieds is at your sole risk. Click2SanJose.com Classifieds is provided on an "as is" and "as available" basis. Click2SanJose.com Classifieds expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non infringement.

Click2SanJose.com Classifiedsmakes no warranty that Click2SanJose.com Classifieds or the items advertised therein will meet your requirements, or that Click2SanJose.com Classifieds will be uninterrupted, timely, secure, or error free; nor does Click2SanJose.com Classifieds make any warranty as to the results that may be obtained from the use of Click2SanJose.com Classifieds. Click2SanJose.com Classifieds will not be liable for any direct, consequential or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of Click2SanJose.com Classifieds. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Click2SanJose.com Classifieds is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data due to viruses or other causes.

You understand and agree that Click2SanJose.com Classifieds does not guarantee the accuracy or completeness of any information in or provided in connection with Click2SanJose.com Classifieds. Click2SanJose.com Classifieds is not responsible for any errors or omissions or for the results obtained from the use of such information. Click2SanJose.com Classifieds shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested, or referenced in Click2SanJose.com Classifieds. Your participation in Click2SanJose.com Classifieds is solely at your own risk. No advice or information, whether oral or written, obtained by you from Click2SanJose.com Classifieds or , its employees, consultants and /or experts shall create any warranty not expressly made herein.

The information is provided with the understanding that neither Click2SanJose.com Classifieds nor its members, are engaged in rendering legal, investment, counseling, brokerage, or other professional services or advice. Click2SanJose.com Classifieds is not a licensed realest broker or agent nor a registered or licensed investment or financial advisor. Click2SanJose.com Classifieds encourages you to seek appropriate professional advice or care with respect to any transaction you enter into in connection with or from the Click2SanJose.com Classifieds.

Click2SanJose.com Classifieds is not responsible for the content on the internet or world wide web pages that is contained outside the www.click2sanjose.com site. As a convenience to the public, we may provide links to resources which are beyond our control.

We make no representations as to the quality, suitability, functionality, or legality of any sites to which we may provide links, and you hereby waive any claim you might have against Click2SanJose.com Classifieds with respect to such sites.

By permitting classified advertising, Click2SanJose.com Classifieds makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. Click2SanJose.com Classifieds specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. Without limiting the generality of the foregoing, Click2SanJose.com Classifieds makes no warranty regarding any goods, real estate, or services purchased or obtained through Click2SanJose.com Classifieds or any transactions entered into through Click2SanJose.com Classifieds. CLICK2SANJOSE.COM CLASSIFIEDS 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. By responding to a classified or personal advertisement on Click2SanJose.com Classifieds, you waive any claims against Click2SanJose.com Classifieds for damages arising from such advertisement or your reliance upon statements in such advertisement.

Limitation of Liability
Click2SanJose.com Classifieds shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use Click2SanJose.com Classifieds or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through Click2SanJose.com Classifieds or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, user, data or other intangible even if Click2SanJose.com Classifieds has been advised of the possibility of such damages.

Indemnification
By posting a classified advertisement on Click2SanJose.com Classifieds, you are promising that the content of your advertisement is true and that you will indemnify Click2SanJose.com Classifieds against any claims, liability, damages, suits, actions, costs, and attorney’s fees which Click2SanJose.com Classifieds may incur or suffer from your advertisements. Each User agrees to indemnify and hold each of Click2SanJose.com Classifieds, its parents, subsidiaries, affiliates, members, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Click2SanJose.com Classifieds, your breach of these Terms and Conditions of Service and Disclaimer of Warranties, or the infringement by you, or any other subscriber of your account, of any property or other right of any person or entity.

Applicable Law
The Terms and Conditions of Service and Disclaimer of Warranties shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions. By using Click2SanJose.com Classifieds, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located San Jose, California.

Remedies for Breach
If Click2SanJose.com Classifieds determines, in its sole discretion, that you have breached any portion of the Terms and Conditions of Service and Disclaimer of Warranties, or have otherwise demonstrated conduct inappropriate for Click2SanJose.com Classifieds, Click2SanJose.com Classifieds reserves the right to do anyone or more of the following without notice to you: (i) warn you via e-mail that you have violated these Terms of Service and Disclaimer of Warranties; (ii) delete any content provided by you or your agent(s) to Click2SanJose.com Classifieds; (iii) discontinue your registration with Click2SanJose.com Classifieds; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Click2SanJose.com Classifieds deems to be appropriate.

Miscellaneous
If any provision of these Terms and Conditions of Service and Disclaimer of Warranties conflicts with the law under which they are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to them, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions of Service and Disclaimer of Warranties will remain in full force and effect.

Click2SanJose.com Classifieds may assign its rights and obligations under the Terms and Conditions of Service and Disclaimer of Warranties, and upon such assignment Click2SanJose.com Classifieds may be relieved of any further obligation hereunder.

The Terms and Conditions of Service and Disclaimer of Warranties and any additional terms (as such terms shall be identified when posted on the Click2SanJose.com Classifieds web site by Click2SanJose.com Classifieds) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings.

If any rights have been infringed by this site, it is completely accidental, in which case, please inform us and we will try to rectify the problem.