Hello, and welcome to Cape Coral Live Classifieds!
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 Cape Coral Live Classifieds
Terms of Participation. By pressing the "I ACCEPT" button on a registration
page, you are accepting these Terms. You may review these Terms at any time
by clicking on the disclaimer link at the bottom of the home page.
TERMS OF PARTICIPATION
Cape Coral Live Classifieds is a fast, exciting and convenient way to buy
and sell goods, products and services, advertise and find jobs over the
Internet. Cape Coral Live Classifieds is a free 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 Cape Coral Live Classifieds.
- Buying and selling through Cape Coral Live Classifieds 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). In addition, minors may not place or respond to
a personals advertisement except in the subcategories specifically reserved
for minor use.
- Cape Coral Live Classifieds 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.
- Cape Coral Live Classifieds 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 Cape Coral Live
Classifieds screen or censor or otherwise control the Users of its service.
Cape Coral Live Classifieds can not and does not control the behavior
of the participants on this site. We can not control whether or not Users
of Cape Coral Live Classifieds 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! Cape Coral Live Classifieds does
not assume responsibility for the content or context of the user comment
areas and will not remove or edit postings to the public comments areas
once they are entered into the service, except to expire records or in
our sole discretion.
- If there is a dispute between participants on this site, Cape Coral
Live Classifieds is under no obligation to become involved. In the event
that You have a dispute with one or more Users, You hereby release, Cape
Coral Live Classifieds's, their 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. If You are a California resident, You waive
California Civil Code Section 1542, which says "A general release does
not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which, if known by
him must have materially affected his settlement with the debtor."
- The Cape Coral Live Classifieds 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 Cape Coral Live Classifieds related transactions.
- Cape Coral Live Classifieds prohibits the transmission, distribution
or posting of unwanted or offensive content. Cape Coral Live Classifieds,
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, personals or any sub-category of personals, duplicate
listings that contain more than 60% of the same characters, regardless
of category, U.R.L. (Universal Resource Locator) or hyperlinks listed
in the Personals or any sub-category of Personals, 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, Cape Coral
Live Classifieds 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.
- Cape Coral LIve Classifieds 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
- Food (other than packaged food meeting all applicable federal state
and local standards for sale to consumers by commercial merchants)
- 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)
- Firearms (as defined from time to time by the B.A.T.F. and currently
- Cigarettes or any other tobacco product for human consumption
- Pharmaceuticals or any other controlled substance
- Dangerous, counterfeit or stolen goods
- Goods which do not actually exist
- Any good that infringes or violates anyone's rights
- Any item which in Cape Coral Live Classifieds's sole discretion is inflammatory,
offensive or otherwise inconsistent with Cape Coral Live Classifieds's standards
of business ethics.
- 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.
- Cape Coral Live Classifieds strongly opposes SPAM, which floods the
Internet with unwanted and unsolicited email and deteriorates the performance
and availability of the Cape Coral Live Classifieds service. All forms
of SPAM, and all activities that have the effect of facilitating SPAM,
are strictly prohibited.
- Cape Coral Live Classifieds also prohibits the use of another Internet
service to send or post SPAM to drive visitors to Your site hosted on
or through Cape Coral Live Classifieds 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.
- If Cape Coral Live Classifieds, in its sole discretion, determines that
a violation of the Terms of Participation has occurred, Cape Coral Live
Classifieds 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. Cape Coral Live Classifieds could also pursue
violators with claims that they have violated various criminal and/or
civil laws as applied by the relevant jurisdiction. Cape Coral Live Classifieds
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 Cape Coral Live Classifieds
believes in its sole discretion that any ad may create liability for Cape
Coral Live Classifieds, Cape Coral Live Classifieds 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, Cape Coral Live Classifieds reserves the right to
refuse service to anyone at any time, and to remove any listings or any
advertisements for any reason, and without notice.
- User understands and agrees that User is responsible for all applicable
taxes and for all costs that are incurred in using the Cape Coral Live
Classifieds 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 or any of our catagory's.
If any charge is applicable, we will notify our Users in advance.
- 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. Cape Coral Live Classifieds 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
- Cape Coral Live Classifieds MAKES NO WARRANTY THAT THE SERVICE WILL
MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES Cape Coral Live Classifieds 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
- 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM Cape Coral Live Classifieds OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- LIMITATION OF LIABILITY. USER AGREES THAT NEITHER Cape Coral Live Classifieds
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 Cape
Coral Live Classifieds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT Cape Coral Live Classifieds 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 Cape Coral Live Classifieds 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 Cape Coral Live Classifieds
total liability to You for all damages, losses, and causes of action exceed
the amount paid by You to Cape Coral Live Classifieds, if any, that is
related to the cause of action.
- 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.
- 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 Cape Coral Live Classifieds 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 Cape
Coral Live Classifieds. You shall take all reasonable efforts to ensure
that it is accurate and complete and not misleading in any way.
- 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.
- Others' Information. You agree not to make use of anyone else's Information
other than as necessary to complete any Cape COral Live Classifieds transactions
in which You are involved.
- No Agency. There is no agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship between Cape Coral Live Classifieds
and any User of the Service.
- 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 Cape Coral Live Classifieds by displaying
notices to Users on the Service.
- 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.
- These Terms of Participation and the relationship between User and Cape
Coral Live Classifieds shall be governed by the laws of the State of California
without regard to its conflict of law provisions. User and Cape Coral
Live Classifieds agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Lee County, Florida.
- The failure of Cape Coral Live Classifieds 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.
- 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 one (1) year
after such claim or cause of action arose or be forever barred.
- The section titles in these Terms of Participation are for convenience
only and have no legal or contractual effect.
- Please help us keep the Cape Coral Live Classifieds site an enjoyable
experience for all Users, if You observe material or behavior that may
violate one of the Cape Coral Live Classifieds terms of participation,
please contact Cape Coral Live Classifieds at email@example.com