Terms
and Conditions
and
Acceptable Use Policy for
E-Brochures, E-Billboards,
E-Classifieds, My Community Pages, Message Boards
Towards Serving You Better!
As part of the service(s)
provided, members are contacted by ShopMyState.com (the parent company
of and as affiliated with the LOG ON Ezine, and any other site officially
owned by ShopMyState.com) periodically via email. Included in this service
is a subscription to the ShopMyState.com Ezine and related emailings. The
Ezine is sent at least once per week to all members of ShopMyState.com.
In addition, ShopMyState.com sends commercial messages to its community
members promoting the various services it provides, and various services
advertisers provide. Additionally, each SMS produced webpage in member's
site may contain a special non-removable coding for a ShopMyState.com "pop-up"
advertising banner.
It is the responsibility
of all ShopMyState.com members to provide and maintain valid and active
contact information, including email address and telephone number. If a
member's contact information is not kept current, and email messages are
returned undeliverable, or if member unsubscribes to the ShopMyState.com
Ezine and related emailings, ShopMyState.com reserves the right to delete
or prevent access to all services associated with ShopMyState.com and any
other site officially owned by ShopMyState.com, without any notice or forewarning
to member.
-
NO
SPAM!!!
-
NO
PORN!!!
-
NO
WAREZ!!!
ShopMyState.com reserves
the right to turn off your entire account without notice if we find any
kind of spam or unsolicited email, mass signing up for email lists with
any ShopMyState.com related email address or mass use of ffa networks with
any ShopMyState.com related email address, porn, warez, cracks, cheats,
or hacks containing ANY reference to ShopMyState.com, our network, our
web site or any other connection that leads the recipient of this mail
to your account, to us, or to our network. These practices will NOT be
tolerated.
Spam sent by individuals
or organizations purporting to be associated with ShopMyState.com, should
be immediately forwarded to abuse@shopmystate.com
ShopMyState.com's general
policy is to act as a neutral provider of access to the global Internet;
however, we reserve the right to suspend or cancel a customer's access
to any or all services provided by ShopMyState.com when we decide that
the account has been inappropriately used.
Specific
Acceptable Use Policies
Unauthorized use of other
people's accounts or computers
ShopMyState.com may take
preventive measures, including changing the access password, in the event
there is any use or attempted use of an Internet account or computer without
the owner's authorization. Such attempts include "social engineering" (tricking
other people into releasing their passwords), password cracking or security
hole scanning.
Any unauthorized use of accounts
or computers by a ShopMyState.com customer, whether or not the attacked
account or computer belongs to ShopMyState.com, will result in action against
the attacker. Possible actions include warnings, account suspension or
cancellation, and civil or criminal legal action.
Commercial advertisements
with e-mail
Unsolicited commercial advertisements
are not allowed in e-mail, and will likely result in account suspension
or cancellation.
Commercial advertisements
are unwelcome in most Usenet discussion groups and on most e-mail mailing
lists. Inappropriate posting may result in account suspension or cancellation.
See the newsgroup or mailing list's charter for whether advertising isallowed
or not. "Spamming," or sending a message to many different off-topic newsgroups,
is particularly unethical and will be treated as such.
Sending a message to a group,
especially an advertisement, is considered spamming unless the individuals
have specifically requested to be added to a mailing list on that topic.
Abuse of Traffic, Bandwidth
and Storage
The intention of ShopMyState.com
is to provide space to serve web documents, not an offsite storage area
for electronic files. All web pages (html) must be 'linked' with files
(.gif, .jpeg, .exe, etc.) stored on ShopMyState.com's server.
Lawful Purpose
ShopMyState.com reserves
the right to refuse service to anyone. Customers may only use ShopMyState.com's
server for lawful purpose. Transmission of any material in violation of
any Federal, State or Local regulation is prohibited. This includes, but
is not limited to copyrighted material, material legally judged to be threatening
or obscene, and material protected by trade secrets.
Indemnification
Customer agrees that it
shall defend, indemnify, save and hold ShopMyState.com harmless from any
and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against ShopMyState.com, its agents, its customers,
officers and employees, that may arise or result from any service provided
or performed or agreed to be performed or any product sold by customer,
its agents, employees or assigns. Customer agrees to defend, indemnify
and hold harmless ShopMyState.com against liabilities arising out of; (1)
any injury to person or property caused by any products sold or otherwise
distributed in connection with ShopMyState.com's server; (2) any material
supplied by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement and (4) any defective
products sold to customer from ShopMyState.com's server.
Disclaimer
ShopMyState.com will not
be responsible for any damages your business may suffer. ShopMyState.com
makes no warranties of any kind, expressed or implied for services we provide.
ShopMyState.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 ShopMyState.com and its employees. ShopMyState.com reserves the right
to revise its terms, conditions and acceptable use policy at any time.
ADDITIONAL TERMS OF USE
re: ShopMyState.com
Buying and selling through
ShopMyState.com 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).
ShopMyState.com reserves
the right to modify the Terms of Use at any time and without prior notice
to its Users. We may add to, change, delete or end your use of our service
at any time. The service may be temporarily unavailable from time to time
for maintenance or other reasons.
ShopMyState.com 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 ShopMyState.com screen or censor or otherwise control the
Users of its service. ShopMyState.com can not and does not control the
behavior of the participants on this site. We can not control whether or
not Users of ShopMyState.com 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!
If there is a dispute between
participants on this site, ShopMyState.com is under no obligation to become
involved. In the event that you have a dispute with one or more Users,
you hereby release ShopMyState.com and anyone associated with ShopMyState.com
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.
The ShopMyState.com 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 ShopMyState.com
related transactions.
ShopMyState.com prohibits
the transmission, distribution or posting of unwanted or offensive content.
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, duplicate listings that contain more than 60% of the
same characters regardless of category and without intent to sell such
listing as an individual sale, 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'). Furthermore, ShopMyState.com 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.
ShopMyState.com 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 the following:
-
Food (other than packaged food
meeting all applicable federal state and local standards for sale to consumers
by commercial merchants)
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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)
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Firearms
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Pharmaceuticals or any other
controlled substance
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Dangerous, counterfeit or stolen
goods
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Goods which do not actually
exist
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Any good that infringes or violates
anyone's rights
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Any item which in ShopMyState.com's
sole discretion is inflammatory, offensive or otherwise inconsistent with
ShopMyState.com's standards of business ethics.
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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.
ShopMyState.com strongly opposes
SPAM, which floods the Internet with unwanted and unsolicited email and
deteriorates the performance and availability of the ShopMyState.com service.
All forms of SPAM, and all activities that have the effect of facilitating
SPAM, are strictly prohibited.
ShopMyState.com also prohibits
the use of another Internet service to send or post SPAM to drive visitors
to Your site hosted on or through ShopMyState.com 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 ShopMyState.com , in its
sole discretion, determines that a violation of the Terms of Use has occurred,
ShopMyState.com 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 Use. ShopMyState.com could also pursue violators
with claims that they have violated various criminal and/or civil laws
as applied by the relevant jurisdiction. ShopMyState.com 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 ShopMyState.com believes in its sole discretion
that any ad may create liability for ShopMyState.com, ShopMyState.com 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 summary, ShopMyState.com 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 ShopMyState.com service.
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. ShopMyState.com
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 AND NON-INFRINGEMENT.
ShopMyState.com MAKES NO
WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ShopMyState.com
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 SERVICE.
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 ShopMyState.com OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY.
USER AGREES THAT NEITHER ShopMyState.com 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 ShopMyState.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT ShopMyState.com 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 ShopMyState.com SHALL NOT BE RESPONSIBLE OR LIABLE TO
USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE
SERVICE.
In summary, in no event shall
ShopMyState.com's total liability to You for all damages, losses, and causes
of action exceed the amount paid by You to ShopMyState.com 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 ShopMyState.com
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 ShopMyState.com. 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 ShopMyState.com transactions in which You are involved.
No Agency. There
is no agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship between ShopMyState.com 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 Use or other matters related to
ShopMyState.com 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 Use
and the relationship between User and ShopMyState.com shall be governed
by the laws of the State of Montana without regard to its conflict of law
provisions. User and ShopMyState.com agree to submit to the personal and
exclusive jurisdiction of the courts located within Great Falls or Helena,
Montana.
The failure of ShopMyState.com
to exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision. If any provision of
these Terms of Use 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 Use 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 Use 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 Use are for convenience only and have no legal or contractual
effect.
Please help us keep the
ShopMyState.com site an enjoyable experience for all Users, if You observe
material or behavior that may violate one of the ShopMyState.com terms
of use, please contact ShopMyState.com at Admin@ShopMyState.com |