This
is the ZipListing.com Agreement. Please read the following very
carefully. By purchasing the services offered at ZipListing.com,
and/or by using this site, its products, corporate solutions and
services you hereby agree to the following TERMS AND CONDITIONS and
all associated policies. If you do not agree to the terms and
conditions, you must stop using this site, as these are legally
binding and will affect your right regarding information and
articles you post. This agreement may change from time to time and
you can find the latest version in this page.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
Compliance With Laws
You agree to comply with all applicable local, national and
international laws regarding your use of the Web Site, including,
without limitation, laws regarding import/export of technical data
by virtue of your online transmission. Without exception, under all
circumstances, ZipListing.com cannot be held responsible for your
non-compliance to any of the applicable laws.
Disclaimer
ZipListing.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR
BUSINESS MAY SUFFER. ZipListing.com MAKES NO WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ZipListing.com
DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM
DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY ZipListing.com AND ITS EMPLOYEES.
ZipListing.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY
TIME.
MEMBERS SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT TO ANYONE ELSE.
HOWEVER, ZipListing.com MAY ASSIGN THE MEMBER'S CONTRACT, IN PART OR
IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE MEMBER.
ZipListing.com RESERVES RIGHT TO CANCEL MEMBERS RIGHTS UNDER THIS
CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZipListing.com SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF ZipListing.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM:(1) THE USE OF, OR THE INABILITY TO
USE, THIS WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS
PURCHASED ON THIS WEB SITE; (3) THE COST OF PROCUREMENT OF
SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE; OR (6) ANY OTHER MATTER
RELATING TO THIS WEB SITE.
Regardless of the previous paragraphs in this section, if we are
found to be liable, our liability to you or to any third party is
limited to the greater of (a) the total fees you paid to us in the 3
months prior to the action giving rise to the liability, and (b)
$100.
Indemnification
You agree to indemnify and hold harmless ZipListing.com, its
directors, officers, employees, agents, co-branders, subsidiaries,
parents, and affiliates, from and against any and all liability,
losses, claims, demands, disputes, damages, and costs of any kind,
including, without limitation, reasonable attorneys' fees and costs
of litigation resulting from or in any way connected with your use
of the Web Site; Content you submit, post, or transmit through the
Web Site; your breach of the Agreement; and your connection to the
Web Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing
the specific Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are
fully responsible for all activities that occur under your password
or account. You agree to (a) immediately notify ZipListing.com of
any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the
end of each session. ZipListing.com cannot and will not be liable
for any loss or damage arising from your failure to comply with this
Section.
USER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content
originated. This means that you, and not ZipListing.com, are
entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via this site. ZipListing.com
does not control the Content posted in this site and, as such, does
not guarantee the accuracy, integrity or quality of such Content.
You understand that by using this site, you may be exposed to
Content that is offensive, indecent or objectionable. Under no
circumstances will ZipListing.com be liable in any way for any
Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or
otherwise made available in this site.
You agree to NOT to:
1. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to,
a ZipListing.com official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
4. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
6. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose (please read our
complete Spam Policy);
8. upload, post, email, transmit or otherwise make available any
material 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;
9. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
12. provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section
219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; or
14. collect or store personal data about other users.
15. use the Site if you are not able to form legally binding
contracts, are under the age of 18
16. circumvent or manipulate our payment structure, the billing
process, or in certain cases fees owed to ZipListing.com
You acknowledge that ZipListing.com may or may not pre-screen
Content, but that ZipListing.com and its designees shall have the
right (but not the obligation) in their sole discretion to
pre-screen, refuse, or move any Content that is available in this
site. Without limiting the foregoing, ZipListing.com and its
designees shall have the right to remove any Content that violates
the Terms of Use or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or
usefulness of such Content.
You acknowledge, consent and agree that ZipListing.com may access,
preserve, and disclose your account information and Content if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the Terms of Use; (c) respond to
claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the
rights, property, or personal safety of ZipListing.com, its users
and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices
Payments and Fees
You acknowledge and agree that all the Fees paid for any services
offered, are NON-REFUNDABLE.
Proprietary rights and Trademarks
You acknowledge and agree that the contents and materials available
on the ZipListing.com site and the software used in connection with
ZipListing.com contain proprietary and confidential information that
is protected by applicable intellectual property and other laws.
Unless expressly authorized by ZipListing.com, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative
works based on the ZipListing.com site's contents, materials or the
software, in whole or in part. Except as expressly provided in this
Agreement, you are NOT granted any rights or license to any
intellectual property with respect to the ZipListing.com site or its
contents. ZipListing.com reserves all rights and the name "ZipListing.com"
and its respective logos, may be ZipListing.com trademarks. You are
not allowed to use or display any of these unless you have our prior
express written permission.
MODIFICATION, SUSPENSION, TERMINATION
You agree that ZipListing.com may, in its sole discretion, and at
any time, modify, discontinue, or suspend its operation of this Web
Site, or any part thereof, temporarily or permanently, without
notice to you, and you agree that ZipListing.com will not be liable
for the consequences of doing so. You also agree that ZipListing.com
may, in its sole discretion, and at any time, completely terminate
your use of the Web Site, and may remove or delete any or all of
your Content within the Web Site, without prior notice to you for
any reason that ZipListing.com, in its sole discretion, deems
appropriate. You further agree that ZipListing.com will not be
liable to you or to any third party for the consequences of any
termination of your use of or access to the Website.
As these terms and conditions may change from time to time, you
should check back periodically, in order to stay informed.