Please Read This Agreement Carefully
By utilizing this site in any manner, you (Member) accept both the terms and conditions in this Member Agreement and our Terms of Use. This agreement was revised on Apri 10, 2008, and may be modified again at any time.
Acceptance of Terms
By completing the sign-up process, you agree to the terms of this Member Agreement, and to abide by the other terms, policies, procedures, and guidelines on FloridaFlea.com. FloridaFlea.com may amend these terms from time to time. If you do not agree to the changes, you must request that your account be closed. Your continued use of our service will signify your acceptance of the these terms.
FloridaFlea.com is only a Venue
FloridaFlea.com acts as a matching service for Members to locate people to buy, sell, and trade goods or services. We do not own any of the items or services listed on the site. Due to this fact, we cannot verify or endorse the quality, safety, or legality of the posted advertisements, or the truth or accuracy of the content posted by members on our site.
By joining FloridaFlea.com, you warrant that:
* You are a legal and permanent citizen of the United States or Canada.
* You are of legal age (18 years or older)
* The email address you supplied is a valid means of communication with you, and you will keep it up-to-date.
* Your contact information is accurate and complete, including but not limited to: your full name, city, state, and postal code.
* You do not already have a membership account with FloridaFlea.com. Only one account per individual/business entity may be active at any given time.
* If you are registering as a business, you represent that you have the authority to bind said business entity to this Agreement.
FloridaFlea.com may, under its sole discretion, terminate any membership account at any time for any reason, including but not limited to our inability to confirm any aspect of your membership eligibility. Further, your account may not be transferred or sold to another party.
Member Usernames:
FloridaFlea.com may, at it sole discretion, change or remove any member username. Action may be taken on names that:
* Represent any form of contact information (email, phone, etc).
* Represent something other members may consider offensive or inappropriate.
Member obligations and terms
You are solely responsible for the information you post to our website. FloridaFlea.com acts as a passive conduit for your online distribution and publication. Your information (or content) includes any information you provide to us or other members during the registration, trading, or posting process, in any public message area or through any email feature, including all text descriptions and/or photographs, digital images, or renderings of your items and services.
We may take any action we deem necessary, with respect to such information we consider inappropriate, or if we fell it may create a liability for us. You acknowledge that FloridaFlea.com may not pre-screen content, but that FloridaFlea.com and its designees have the right (but not the obligation) in their sole discretion to refuse, modify, or reorganize any content that is available via the service. In addition, FloridaFlea.com has the right to suspend or terminate your account and refuse any and all current or future use of our service, at any time and at our sole discretion. FloridaFlea.com reserves the right to change or discontinue, temporarily or permanently, some or all of our services at any time without notice.
* Content.
* You agree that your information and the content you post on FloridaFlea.com:
* will be true, accurate, and up-to-date;
* will not be fraudulent or involve the sale of stolen items;
* will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
* will not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
* will not be obscene or contain child pornography;
* will not contain any viruses, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
* will not link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under this Agreement or (ii) you do not have a right to link to or include;
* are in accordance with FloridaFlea.com's Classified Ad Guidelines.
* Fees. Unless otherwise stated, all monetary values are quoted in U.S. Dollars. You are responsible for paying all applicable fees, taxes and duties and for all costs you incur as part of the FloridaFlea.com service. We may, at our sole discretion, change some or all of our services, our Fees and Payments Policy and/or the fees for our services.
* License. You agree to grant us a, nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-license (through multiple tiers) right, to exercise the copyright and publicity rights, within your posted content, in any media now known or not currently known.
* Privacy. FloridaFlea.com will only use your personal information in accordance with our Privacy Policy.
* Posting.
Classifieds are text descriptions, graphics, and/or pictures on FloridaFlea.com's website supplied by you that either (a) describe a good or service you have or provide (b) describe a good or service item you are seeking. You may post either or both of these types of classifieds on FloridaFlea.com's site, provided that you place such classifieds in an appropriate category. FloridaFlea.com is not responsible for the accuracy or content of classifieds. All classifieds are subject to approval based on FloridaFlea.com Classified Ad Guidelines.
* Disputes. FloridaFlea.com is not responsible for resolving disputes between parties.
* System. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the FloridaFlea.com site or any transaction conducted on our site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your Password to any third parties or use your Password for any unauthorized purpose.
* Manipulation.
You agree not to use a secondary account or third party to manipulate the outcome of a negotiation with another member.
* Our service is provided "as is."
We will try very hard to make your experience with FloridaFlea.com an enjoyable one; however, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. These terms are noted in our Maintenance and Downtime Policy. For this reason, you agree that FloridaFlea.com's services are provided "as is." We cannot assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any Member data, communications, or personalization settings.
* WE AND OUR SUPPLIERS PROVIDE THE FloridaFlea.com WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
* Suspension/Termination.
We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current classifieds, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies, FloridaFlea.com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
* Limit of liability.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
* General compliance with laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your negotiations, classified ad, purchase, and sale of items and services.
* No agency.
You and FloridaFlea.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
* Notices.
Except as explicitly stated otherwise, FloridaFlea.com may provide you with notices via email, regular postal mail, or postings on the FloridaFlea.com web site.
* Arbitration.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or FloridaFlea.com may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Florida necessary to protect rights or property pending the completion of arbitration.
* Jurisdiction and Venue. This Agreement shall be governed in all respects by the laws of the State of Florida. You agree that any legal action brought against FloridaFlea.com classifieds, inc. shall be governed by the laws of the State of Florida without regard to its conflict of law principles, and that the sole jurisdiction and venue for any litigation arising from your use of FloridaFlea.com shall be an appropriate federal or state court located in the State of Florida. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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