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Terms of Use

 

Read This Terms of Use Agreement Before Accessing Website.

Effective Date:  This Terms of Use Agreement was last updated on July 6, 2009.

This Terms of Use Agreement sets forth the standards of use of the myFlexads.com Online Service. By using the myFlexads.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at myFlexads.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

1. Description of Service

myFlexads.com is providing Member with an online ad service. Our site provides its members with the ability to buy, sell and trade items with others and is not involved with any transactions between its members. Member must provide (1)  all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection. 

 

2. Disclaimer of Warranties.

The site is provided by myFlexads.com on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, myFlexads.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. myFlexads.com shall have no liability for any interruptions in the use of this Website.  myFlexads.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

3. Limitation of Liability

myFlexads.com SHALL NOT be liable for any damages whatsoever, and in particular myFlexads.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if myFlexads.com has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

4. Indemnification

Member agrees to indemnify and hold myFlexads.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

 

5. Eligibility

In order to register for this site you must be an adult as defined by the laws of the jurisdiction in which you reside. If you are not an adult you must have your parent or legal guardian register for you and may only use this site with their full knowledge and assistance. This site is not intended for and may not be used by any individual under the age of 13.

 

6. Modifications and Interruption to Service

myFlexads.com reserves the right to modify or discontinue the Service with or without notice to the Member. myFlexads.com shall not be liable to Member or any third party should myFlexads.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that myFlexads.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. We reserve the right to terminate or refuse service to any user that we believe has violated these terms or performed any illegal activities connected with myFlexads.

 

7. Responsibilities of Users 

    • Users of myFlexads cannot interfere in any way with the function of the myFlexads site.
    • Users of myFlexads cannot use or post language or pictures that are obscene, threatening, abusive, slanderous or that may be objectionable in any other way to other users or potential users. We will report any user that violates this policy to local, state or federal authorities as is appropriate.
    • Users of myFlexads cannot post ads that are used for general advertising and are not intended to sell a specific item that is typically sold under the category in which it was listed.
    • Users of myFlexads cannot use information about any myFlexads members or items for sale outside of myFlexads except for the sole purpose of attempting to sell or purchase the item listed.
    • Users of myFlexads cannot use the ‘contact the seller’ form for any purpose other than to contact the seller for information about the item listed. We will electronically scan any messages sent to users of our site and reserve the right to not forward these messages if the scan reveals that the messages contain obscene language, or is being used to sell other products or used for any other spamming related activities.
    • Users of myFlexads cannot enter false information on the ‘report this ad’ form.
    • If you become a member of myFlexads you are responsible for maintaining the security of your user id and password and accept responsibility for any changes that may be made to any ad you placed on myFlexads using your unique user id. You must notify us immediately of any unauthorized use of your user id.

     

8. Material Submitted by Users

    • We appreciate any feedback received from users but unsolicited feedback will not result in any compensation for the user if the feedback is used in part or whole by myFlexads.
    • By submitting your ad to myFlexads you warrant that you are the owner of record and/or have been given rights to sell the item listed, that you have any necessary rights and/or permissions for the use of any images or text associated with your ad and that you agree to hold harmless myFlexads and its parent company, Chase Software Services, Inc. from any dispute, civil action or liability arising as a result of listing your item on this site.
    • Once an ad is placed there is no refund if the ad is cancelled before the ad expiration date.
    • We take all reasonable measures to protect the personal information we obtain from our users, however we cannot warrant or guarantee that your information will not be intercepted or obtained from some means on the internet.
    • We use reasonable processes to scan material placed by users on our website but cannot warrant that inappropriate material will be submitted to myFlexads. We only scan for obscene language and possible spamming messages, never for marketing purposes.

     

9. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

 

10. Disclaimer Regarding Accuracy of Ad Information

Item specifications, images and other information have been provided by the sellers or individuals who placed the ad on this website.  myFlexads.com has no control over the information that is placed on this website by the Users and can therefore make no representations or warranties as to the accuracy or reliability of any information provided on this website by Users.

myFlexads.com makes no warranties or representations whatsoever with regard to any item provided or offered by any User, and you acknowledge that any reliance on representations and warranties provided by any User shall be at your own risk. The information available on myFlexads is for information purposes only. As with any potential purchase you must do due diligence and thoroughly investigate items or information that may appear on our site and you expressly agree that you do so at your own risk.

 

11. Governing Jurisdiction of the Courts of Georgia

Our website is operated and provided in the State of Georgia.  As such, we are subject to the laws of the State of Georgia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Georgia. 

 

12. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

13. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of myFlexads.com and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of myFlexads.com is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of myFlexads.com.

myFlexads™, myFlexads.com™ and Friends only marketplace™ are proprietary marks of myFlexads.com. myFlexads.com’s trademarks may not be used in connection with any product or service that is not provided by myFlexads.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits myFlexads.com.

All other trademarks displayed on myFlexads.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with myFlexads.com.

 

14. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, myFlexads.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
myFlexads
1000 Peachtree Ind Blvd Ste 6-426
Suwanee, GA 30024
By Telephone: 404.419.6740
By Email: admin@myflexads.com

 

15. Botnets

myFlexads.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, myFlexads.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

16. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by myFlexads.com, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.  Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.