ClickOnCody.com
is a fast, exciting and convenient way to buy and sell products and
services via the Internet. ClickOnCody.com is a service for private
parties that encourages and facilitates communications between its users.
Such a service is based on trust, and this Agreement helps promote trust
and understanding between you and other users of ClickOnCody.com.
Our service has been created to be easily accessible to all users of
legal age, but it also has limitations and risks that you must be aware
of before participating. Prior to, and as a condition of your participation,
you (hereinafter You or Yours or User) must agree to abide by the ClickOnCody.com
Terms of Participation. By signing up for an account on ClickOnCody.com,
you are accepting these Terms. You may review these Terms at any time
by clicking on the Terms of Participation link at the bottom of the
home page.
1. Buying and selling through ClickOnCody.com is available only to individuals
who can form legally binding contracts under applicable law. This excludes
in all cases minors (persons who have not reached their eighteenth birthday).
2. ClickOnCody.com reserves the right to modify the Terms of Participation
at any time and without prior notice to its Users. We may add to, change,
delete or end our or Your use of our service at any time. The service
may be temporarily unavailable from time to time for maintenance or
other reasons.
3. ClickOnCody.com is not involved in any transaction between any party
who uses our site. There are risks which You assume when dealing with
people who might be acting under false pretenses; all of these risks
are borne by You. We are a venue only and do not screen or censor or
otherwise control the listings offered to other Users, nor does ClickOnCody
screen or censor or otherwise control the Users of its service. ClickOnCody.com
cannot and does not control the behavior of the participants on this
site. We can not control whether or not Users of ClickOnCody.com will
complete the transactions they describe on our site. IT IS EXTREMELY
IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE
ON THIS SITE!
4. If there is a dispute between participants on this site, ClickOnCody.com
is under no obligation to become involved. In the event that You have
a dispute with one or more Users, You hereby release, ClickOnCody.com,
its parent company, officers, employees, agents and successors in rights
from claims, demands and damages (actual and consequential) of every
kind or nature, known or unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way related to such disputes
and/or our service.
5. The ClickOnCody.com service may be used only for lawful purposes.
Transmission, distribution or storage of material or conduct in violation
of any applicable local, state, federal or foreign law or regulation
is prohibited. This includes without limitation any unauthorized use
of material protected by patent, copyright, trademark or other intellectual
property right, material that is obscene, defamatory or libelous, constitutes
an illegal threat, or violates rights of privacy or publicity, or violates
export control laws. You may use the information on our site only to
the extent necessary to facilitate ClickOnCody.com related transactions.
6. ClickOnCody.com prohibits the transmission, distribution or posting
of unwanted or offensive content. Prohibited transmissions include without
limitation, profane or sexually explicit advertisements that include
masking or misspelling the words, or images that would be illegal in
any jurisdiction. It is Your responsibility, and you agree to comply
with all requirements, legal or other. Additional prohibitions include
misleading offers that do not list the total purchase price or a "bait
& switch" of products, advertisements listed in the incorrect
category, duplicate listings that contain more than 60% of the same
characters, regardless of category, the sale or distribution of firearms,
weapons or controlled substances, make-money fast schemes, pyramid or
chain letters, fraudulent or criminal offers including but not limited
to registering another email address other than your own, any posting
with the goal of harassment of another, sexual requests from or for
a minor, racial slurs or comments, harassment, placing a fraudulent
ad, unsolicited advertising (whether commercial or informational) and
unsolicited email or advertisements including, but not limited to adult
or dating services placing advertisements ("SPAM"). Further,
ClickOnCody.com prohibits the transmission, distribution or posting
of any matter which discloses personal or private information concerning
any person or entity, including without limitation phone number(s) or
addresses, credit debit cards, calling card, User account numbers/passwords
or similar financial information, and home phone numbers or addresses.
Even though all of this is strictly prohibited, there is a small chance
that You might become exposed to such items and You further waive Your
right to any damages (from any party) related to such exposure.
7. ClickOnCody.com prohibits the listing or sale of the following goods
for any reason, including but not limited to any item that is illegal
to sell under any applicable law, statute, ordinance or regulation including
the following:
o Food (other than packaged food meeting all applicable federal state
and local standards for sale to consumers by commercial merchants)
o Alcoholic beverages (except if You are reselling an alcoholic beverage
that was initially purchased from a retailer and it still in its original
container and it is legal to deliver to the buyer and into the jurisdiction
where the buyer is)
o Firearms (as defined from time to time by the B.A.T.F.)
o Cigarettes or any other tobacco product for human consumption
o Pharmaceuticals or any other controlled substance
o Dangerous, counterfeit or stolen goods
o Goods which do not actually exist
o Any good that infringes or violates anyone's rights
o Any item which in ClickOnCody.com's sole discretion is inflammatory,
offensive or otherwise inconsistent with ClickOnCody.com's standards
of business ethics.
o Any messages, data, or images that might be considered by a reasonable
person to be obscene or which contain racial, ethnic, religious slurs
or derogatory epithets, or advocating violence, hate or other language
that is deeply or widely offensive.
8. ClickOnCody.com strongly opposes SPAM, which floods the Internet
with unwanted and unsolicited email and deteriorates the performance
and availability of the ClickOnCody.com service. All forms of SPAM,
and all activities that have the effect of facilitating SPAM, are strictly
prohibited.
9. ClickOnCody.com also prohibits the use of another Internet service
to send or post SPAM to drive visitors to Your site hosted on or through
ClickOnCody systems, whether or not the messages were originated by
You, under Your direction, or by or under the direction of a related
or unrelated third party.
10. If ClickOnCody.com, in its sole discretion, determines that a violation
of the Terms of Participation has occurred, ClickOnCody.com may pursue
any of its legal remedies, including but not limited to the immediate
deletion of any offending material from its site, cancellation of Your
account and/or the exclusion of any person(s) who may have violated
any Terms of Participation. ClickOnCody.com could also pursue violators
with claims that they have violated various criminal and/or civil laws
as applied by the relevant jurisdiction. ClickOnCody.com will cooperate
with any investigation by any Federal, State, or local body or any court
or tribunal legitimately exercising it's rights. Such cooperation may
be without notice to You. If ClickOnCody believes in its sole discretion
that any ad or product may create liability for ClickOnCody.com, ClickOnCody.com
may take any actions that it believes are prudent or necessary to minimize
or eliminate its potential liability, including but not limited to,
the release of User information. In sum, ClickOnCody.com reserves the
right to refuse service to anyone at any time, and to remove any listings
or any advertisements or products for any reason, and without notice.
11. User understands and agrees that User is responsible for all applicable
taxes and for all costs that are incurred in using the ClickOnCody.com
service. We may also, in our sole discretion, add or delete fees associated
with the Service. There may be a charge associated with employment listings
or Business Opportunities. If any charge is applicable, we will notify
our Users in advance.
12. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT
USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
ON AN "AS AVAILABLE" BASIS. ClickOnCody.com EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. ClickOnCody.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S
REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DOES ClickOnCody.com MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
14. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR
GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN
DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE RESULTING FROM ANY TRANSACTION.
15. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM ClickOnCody.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN.
16. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER ClickOnCody.com
NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA
OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF ClickOnCody.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. USER FURTHER AGREES THAT ClickOnCody.com SHALL NOT
BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION
OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL,
INADVERTENT OR ADVERTENT. USER AGREES THAT ClickOnCody.com SHALL NOT
BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT
OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall ClickOnCody.com's
total liability to You for all damages, losses, and causes of action
exceed the amount paid by You to ClickOnCody.com, if any, that is related
to the cause of action.
17. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES
OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. You give us a non-exclusive, worldwide, royalty-free, irrevocable,
sublicenseable (through multiple tiers) right to exercise all copyright
and publicity rights, in any existing or future media, known or unknown,
over the material or User Data displayed in Your listings. For the purpose
of this Agreement, "User Data" shall mean all information
(if any) submitted by You, (the "User") to ClickOnCody.com
with the exception of trading data, credit card numbers, checking account
numbers, etc. "Individually Identifiable User Data" shall
mean that subset of "User Data" which can be reasonably used
to identify a specific individual such as their name, address, phone
number, etc. The User Data shall be deemed to be the property of ClickOnCody.com.
You shall take all reasonable efforts to ensure that it is accurate
and complete and not misleading in any way.
19. No Resale or Unauthorized Commercial Use. You agree not to resell
or assign Your rights or obligations under these Terms of Participation.
You also agree not to make any unauthorized commercial use of the Service.
20. Others' Information. You agree not to make use of anyone else's
Information other than as necessary to complete any ClickOnCody.com
transactions in which You are involved.
21. No Agency. There is no agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship between ClickOnCody.com and any
User of the Service.
22. Notice. Any notice to You or to us shall be made by either email
or regular mail. We may also give notice of changes to these Terms of
Participation or other matters related to ClickOnCody.com by displaying
notices to Users on the Service.
23. This Agreement is the complete and exclusive agreement between the
parties with respect to the subject matter hereof, superseding any prior
agreements and or communications regarding such subject matter. This
Agreement may only be modified, or any rights under it waived, by a
written document executed by both parties.
24. These Terms of Participation and the relationship between User and
ClickOnCody.com shall be governed by the laws of the State of Wyoming
without regard to its conflict of law provisions. User and ClickOnCody.com
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Park, Wyoming.
25. The failure of ClickOnCody.com to exercise or enforce any right
or provision of these Terms of Participation shall not constitute a
waiver of such right or provision. If any provision of these Terms of
Participation is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of these Terms of Participation shall remain in
full force and effect.
26. User agrees that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Service or the these Terms of Participation must be filed within six
(6) months after such claim or cause of action arose or be forever barred.
27. Please help us keep the ClickOnCody.com site an enjoyable experience
for all Users, if You observe material or behavior that may violate
one of the ClickOnCody.com terms of participation, please contact ClickOnCody.com
.
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