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Downriver Classifieds TERMS OF USE

1. ACCEPTANCE OF TERMS Downriver Classifieds provides classified ads, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOS"). By using the Service in any way, you are agreeing to comply with the TOS. In addition, when using Downriver Classifieds services, you agree to abide by any applicable posted guidelines for all Downriver Classifieds services, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with Downriver Classifieds in any way, your only recourse is to immediately discontinue use of Downriver Classifieds.

2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another\'s privacy, or is harmful to minors in any way;
b) that is pornographic in nature OF ANY KIND!;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a Downriver Classifieds employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person\'s explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Downriver Classifieds sites which are not designated for such purposes; or emailed to Downriver Classifieds users.
m) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by state law.
n) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users\' ability to use the Service; or
p) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Downriver Classifieds;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item in more than three classified categories;
x) attempt to gain unauthorized access to Downriver Classifieds\'s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Downriver Classifieds website; or
y) use any form of automated device or computer program that enables the submission of postings on Downriver Classifieds without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. This excludes authorized XML feeds for commercial customers.

4. CONTENT
You understand that all postings, messages, text, files, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Downriver Classifieds does not control, and is not responsible for Content made available through the Service. Furthermore, the Downriver Classifieds site and Content available through the Service may contain links to other websites, which are completely independent of Downriver Classifieds. Downriver Classifieds makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Downriver Classifieds be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Downriver Classifieds does not pre-screen or approve Content, but that Downriver Classifieds shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.
BUSINESS OPPORTUNITY ADS MUST INCLUDE THE MINIMUM INVESTMENT AMOUNT IN THE PRICE FIELD.

5. THIRD PARTY CONTENT, SITES, AND SERVICES
The Downriver Classifieds site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Downriver Classifieds, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Downriver Classifieds shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Downriver Classifieds is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Downriver Classifieds, its 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.

6. PRIVACY AND INFORMATION DISCLOSURE
Your information is collected for Downriver Classifieds use only. It is not released to anyone for any purpose, especially for commercial purposes. However, your use of the Downriver Classifieds website or the Service signifies acknowledgement of and agreement that Downriver Classifieds may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process.

You further agree to accept email messages from Downriver Classifieds regarding Downriver Classifieds business. Messages may contain important information regarding your account, operations at Downriver Classifieds, and/or may contain or include promotional information about Downriver Classifieds services. Such communications shall not be considered SPAM. We will not send messages on behalf of any third party.

7. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Downriver Classifieds\'s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Downriver Classifieds. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Downriver Classifieds.

8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Downriver Classifieds email addresses or through Downriver Classifieds computer systems, is expressly prohibited by these TOS. Any unauthorized use of Downriver Classifieds computer systems is a violation of the TOS and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

9. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOS. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOS.

10. LIMITATIONS ON SERVICE
You acknowledge that Downriver Classifieds may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Downriver Classifieds has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Downriver Classifieds reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Downriver Classifieds shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. ACCESS TO THE SERVICE
Downriver Classifieds grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Downriver Classifieds. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services. Downriver Classifieds permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service. You may also create a hyperlink to the home page of Downriver Classifieds sites so long as the link does not portray Downriver Classifieds, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access granted to you by Downriver Classifieds immediately terminates said permission or license.
In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Downriver Classifieds.

12. TERMINATION OF SERVICE
You agree that Downriver Classifieds, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Downriver Classifieds believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that Downriver Classifieds shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 12-18 shall survive termination of the TOS.

13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Downriver Classifieds. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Downriver Classifieds, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Downriver Classifieds does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Downriver Classifieds an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Downriver Classifieds all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE Downriver Classifieds SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Downriver Classifieds SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, Downriver Classifieds DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Downriver Classifieds SITE AND THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, Downriver Classifieds DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Downriver Classifieds SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Downriver Classifieds SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, Downriver Classifieds DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Downriver Classifieds SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Downriver Classifieds BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Downriver Classifieds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Downriver Classifieds SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Downriver Classifieds SITE OR THE SERVICE, FROM INABILITY TO USE THE Downriver Classifieds SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Downriver Classifieds SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Downriver Classifieds SITE OR THE SERVICE OR ANY LINKS ON THE Downriver Classifieds SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Downriver Classifieds SITE OR THE SERVICE OR ANY LINKS ON THE Downriver Classifieds SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.
In such jurisdictions, some of the foregoing limitation may not apply to you.

16. INDEMNITY
You agree to indemnify and hold Downriver Classifieds, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.

17. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Downriver Classifieds and govern your use of the Service, superseding any prior agreements between you and Downriver Classifieds. The TOS and the relationship between you and Downriver Classifieds shall be governed by the laws of the state Michigan, without regard to its conflict of law provisions. You and Downriver Classifieds agree to submit to the personal and exclusive jurisdiction of the courts located within the county Wayne. The failure of Downriver Classifieds to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. You agree 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOS, by by emailing to:

Downriver Classifieds Administrator

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. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Downriver Classifieds to pursue legal action to enforce the TOS, you will be liable to pay Downriver Classifieds the following amounts as liquidated damages, which you accept as reasonable estimates of Downriver Classifieds\'s damages for the specified breaches of the TOS:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person\'s explicit consent, you agree to pay Downriver Classifieds one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If Downriver Classifieds establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Downriver Classifieds one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Downriver Classifieds in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Downriver Classifieds email addresses or through Downriver Classifieds computer systems, you agree to pay Downriver Classifieds one hundred dollars ($100), plus twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOS, other than as described above, you agree to pay Downriver Classifieds one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Downriver Classifieds may elect
to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the TOS, in addition to any liquidated damages under clause (d), you agree to pay Downriver Classifieds one hundred dollars ($100) for each and every Item of Conent posted in violation of the TOS.
A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOS) agrees to pay Downriver Classifieds an additional one hundred dollars ($100) for each Item of Conent posted by the Posting Agent on behalf of the principal in violation of the TOS.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOS without Downriver Classifieds\'s express written permission, you agree to pay Downriver Classifieds three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay Downriver Classifieds\'s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOS, Downriver Classifieds retains the right to seek the remedy of specific performance of any term contained in the TOS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOS, or any combination thereof.

DownriverClassifieds.com © Copyright 2007 by Business Growth Today, Inc.

*Service Directory listings are $99 per year. All classified ads are free. Optional services may create a charge. Additional charges are for the optional service only. The base ad remains free. Service ads may be placed in Service Directory ONLY. Ads for merchandise must be for a specific item for sale. Multiple units of the same item are allowed. All business opportunity ads must specify the minimum startup investment required in the price field. DownriverClassifieds.com reserves the right to edit or delete any ad. DownriverClassifieds.com serves all 21 Downriver Communities and surrounding areas.

DO NOT GET SCAMMED!

It's hard to accept, but there are thousands of scammers waiting to take your money. That's why we created DownriverClassifieds.com. The "Deal Local" concept of DownriverClassifiedscom is designed to protect you from scammers. DEAL LOCAL AND FACE-TO-FACE ONLY! Most (but not all) scammers don't want to meet you in person. In fact, most scammers are thousand of miles away in another country. If the buyer can't meet you in person they are probably a scammer. Even when the buyer meets you in person it is important to follow these rules. ACCEPT CASH ONLY! If the amount is large, offer to go to the bank with the buyer. YOU can then have the cash converted to a cashiers check or money order if you desire. DO NOT ACCEPT CASHIERS CHECKS! Especially beware if it is for more than the purchase price! DO NOT ACCEPT MONEY ORDERS! Especially beware if it is for more than the purchase price! DO NOT ACCEPT TRAVELERS CHECKS! Especially beware if it is for more than the purchase price! If you receive a check, cashiers check, money order or travelers check for more than the asking price, DO NOT RETURN "OVERAGES"! YOUR MONEY WILL BE GONE! DO NOT SEND ANY MONEY by Western Union, or any wire service! There is NO insurance or other protection on wire transfers. Your money will be gone! DO NOT USE AN ESCROW SERVICE unless it is operated by your credit card provider! Virtually all escrow services are scams to take your money.