TERMS OF USE

Access Agreement

Please read this Agreement carefully before accessing the The "Fresno Want Ads. Com" Classified Ads, which shall be known as ("The Fresno Classified Ads Service") in this agreement. As a condition to, and in consideration of, receiving and accessing the Service, the User, as defined below, agrees to be bound by the terms of this Agreement. Use of or access to the Service shall constitute your acceptance of, and agreement to be bound by, this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE SERVICE. If you have any questions about this Agreement, please direct them to .

 

THE SERVICE IS NOT INTENDED FOR USE BY CHILDREN (DEFINED AS ANYONE UNDER THE AGE OF 18). CHILDREN SHOULD NOT USE THE SERVICE OR SUBMIT ANY INFORMATION TO "The Fresno Classified Ads Service" OR ANY OTHER ENTITY IN CONNECTION WITH THE SERVICE.

"The Fresno Classified Ads Service" Classified Ads Access Agreement

This Agreement (the "Agreement") is entered into by and between "The Fresno Classified Ads Service" and any individual, corporation, association, agency, company or other entity who accesses or uses the Service (the "User" or "you").

 

The Service, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow Users to post classified ads, view classified ads posted by other Users and/or interact with other Users. The Service contains, or may contain, information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photographs, music, sounds and other material and data (collectively, the "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users. The Service includes directories and databases, as well as areas that can be modified by Users ("Interactive Areas").

1. User Rights and Responsibilities

1.1 Access to the Service.

You are responsible for providing all hardware, software, telephone and other communications equipment and/or services needed to connect to the Internet and access the Service, and are responsible for all Internet access charges, telephone charges and other fees or charges incurred in connecting to the Internet and/or accessing the Service.

1.2 User Conduct.

You agree to access and use the Service only for lawful purposes. You are solely responsible for the knowledge of, and adherence to, any and all laws, statutes, rules and regulations pertaining to (a) your use of the Service, including any Interactive Areas; (b) the use of any networks or other services connected to the Service; and (c) the communications means by which you connect your modem, computer or other equipment to the Service. By accessing the Service, you agree that you will not:

(1) Restrict or inhibit any other User from using and enjoying the Service, including the Interactive Areas;

(2) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

(3) Post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right;

(4) Post or transmit any information, software or other material which contains a computer virus or other harmful component;

(5) Alter, damage or delete any of the Content or other communications that are not your own or otherwise interfere with the ability of others to access the Service, including the Interactive Areas;

(6) Disrupt the normal flow of communication in and to the Service, including the Interactive Areas;

(7) Claim a relationship with or speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; or

(8) Violate any operating rule, policy or guideline of your Internet access provider or online service.

(9) When you create an account using an email adress our system will respond to you with account information. If you sign up or place ads using that email address and that email address has an auto responder we will delete your account and all ads and you will not get a refund.

2. Intellectual Property Rights

2.1 Content.

(a) You acknowledge that the Content is generally provided by "The Fresno Classified Ads Service", individual contributors, third party licensees and/or other Users. You acknowledge that the Content is protected by copyrights, trademarks and other proprietary (including intellectual property) rights (collectively, "Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed, and except as explicitly provided below, your use of the Content shall be governed by all applicable copyright and other intellectual property laws. You acknowledge that "The Fresno Classified Ads Service" owns a copyright in the "look and feel" - i.e., the selection, coordination, arrangement and presentation - of the Content as it appears on the Service.

 

(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part; provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content; and (ii) make and distribute a reasonable number of copies of the Content, in whole or in part, in hard copy or electronic form for personal, non-commercial use only. Any permitted copies of the Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Rights notices, and must contain an original source attribution to the Service and its URL address. Your use of the Service will not provide you with any right, title or interest in the Service or the Content.

 

2.2 Content Provided by User.

 

You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute on or through the Service only material that is not subject to any Intellectual Property Rights or material in which all holders of Intellectual Property Rights have given express authorization for distribution over the Internet and on the Service without restriction whatsoever. Any material submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]. Used by permission." By submitting any material to any Interactive Area, you automatically represent and warrant that the owner of such material, whether it be you or a third party, has expressly granted to "The Fresno Classified Ads Service" a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform and display such material, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such material. You also permit "The Fresno Classified Ads Service" to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such material. You also permit any User to access, view, store and reproduce the material for personal, non-commercial use.

3. Interactive Areas

 

The Interactive Areas allow feedback to "The Fresno Classified Ads Service" and real-time interaction between Users. You understand that "The Fresno Classified Ads Service" does not control the messages, information or files delivered to the Interactive Areas. You further understand that "The Fresno Classified Ads Service" is not obligated to screen communications to any Interactive Area and cannot determine in advance the accuracy or conformance to this Agreement of any material transmitted to any Interactive Area. You agree that "The Fresno Classified Ads Service" may, at its sole discretion, monitor any Interactive Area from time to time and disclose any information necessary to (a) satisfy any law, regulation or other governmental request; (b) operate the Interactive Area; or (c) protect itself or other Users. Further, "The Fresno Classified Ads Service" may investigate any allegation of improper conduct with respect to any Interactive Area and remove or edit, or demand to be removed or have edited, any material which "The Fresno Classified Ads Service" in its sole discretion deems objectionable.

 

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL "The Fresno Classified Ads Service" HAVE ANY OBLIGATION TO SCREEN, POLICE, EDIT, REVIEW OR MONITOR ANY MATERIAL IN ANY INTERACTIVE AREA. FURTHER, "The Fresno Classified Ads Service", AND ITS PARENT, SUBSIDIARIES, AFFILIATES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, OR BASED UPON, ANY MATERIAL CONTAINED WITHIN ANY INTERACTIVE AREA.

4. Termination

 

The only right with respect to dissatisfaction with any policies, guidelines or practices of "The Fresno Classified Ads Service" in operating the Service is for you to discontinue accessing the Service. "The Fresno Classified Ads Service" may terminate or temporarily suspend your access to all or any part of the Service without notice at any time. "The Fresno Classified Ads Service" may discontinue operating the Service and terminate this Agreement without notice at any time and for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Service, including the Interactive Areas, and the restrictions imposed on you with respect to any of the Content downloaded from the Service, as well as the disclaimers and limitations of liabilities set forth in this Agreement, shall survive such termination. When you create an account using an email adress our system will respond to you with account information. If you sign up or place ads using that email address and that email address has an auto responder we will delete your account and all ads and you will not get a refund.

5. Links; Disclaimers of Warranties; Limitations of Liability

5.1 Links.

 

"The Fresno Classified Ads Service" neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any materials, goods or services available on any site linked to or from the Service. THE RELEASED PARTIES SHALL NOT BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY YOUR USE OF OR RELIANCE ON MATERIALS, GOODS OR SERVICES AVAILABLE ON ANY SITE LINKED TO OR FROM THE SERVICE, OR YOUR INABILITY TO ACCESS THE INTERNET OR ANY SITE LINKED TO OR FROM THE SERVICE.

5.2 Disclaimer of Warranties.

 

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE RELEASED PARTIES DO NOT WARRANT THAT THE SERVICE, OR ANY INTERNET SITE LINKED TO OR FROM THE SERVICE, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE, INCLUDING THE INTERACTIVE AREAS AND THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THERE IS NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR ANY INTERNET SITE LINKED TO OR FROM THE SERVICE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE OR TRANSACTION PROVIDED THROUGH THE SERVICE OR ANY SITE LINKED TO OR FROM THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" "WHERE IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.3 Limitation of Liability.

 

UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE SERVICE OR ANY INTERNET SITE LINKED TO OR FROM THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS OR THEFT.

 

UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICE OR ANY INTERNET SITE LINKED TO OR FROM THE SERVICE. THE MATERIAL WHICH COMPRISES THE SERVICE, AND THE MATERIAL WHICH COMPRISES INTERNET SITES LINKED TO OR FROM THE SERVICE, MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.

 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT OR OTHERWISE ILLEGAL CONDUCT OF ANY USER.

6. Indemnity

 

In exchange for your use of the Service, you agree to indemnify and hold harmless the Released Parties from any and all liabilities, claims and expenses, including costs and attorneys' fees, arising from (a) a breach of this Agreement; (b) your use or access of the Service; (c) your use or access of any Internet site linked to or from the Service; or (d) in connection with the transmission of any of the Content on the Service.

7. Miscellaneous

 

This Agreement comprises the entire agreement between "The Fresno Classified Ads Service" and you and supersedes any prior agreements with respect to the subject matter herein. "The Fresno Classified Ads Service" may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two days upon posting notice of such revision on the Service. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable, you must discontinue accessing the Service. Your continued accessing and use of the Service following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 3, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of "The Fresno Classified Ads Service" to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Utah, excluding its conflict of laws rules, and you submit to the exclusive jurisdiction of the courts of that state. This Agreement is personal to you and you may not assign your rights or obligations hereunder to anyone. All logos, brand names, products, trademarks and service marks appearing on the Service are the trademarks or service marks of their respective owners. References to any trademark, service mark or link to or from the Service have been done strictly for clarification and identification and do not constitute an endorsement by "The Fresno Classified Ads Service" of the products, services or information offered by the owner of such trademark, service mark or link or an endorsement of the Service by such trademark, service mark or link owner.

 

You acknowledge that "The Fresno Classified Ads Service" does not pre-screen Content, but that "The Fresno Classified Ads Service" and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via this Service. Without limiting the foregoing, "The Fresno Classified Ads Service" and its designees shall have the right to remove any Content that violates the TOS 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. In this regard, you acknowledge that you may not rely on any Content created by "The Fresno Classified Ads Service" or submitted to "The Fresno Classified Ads Service", including without limitation information in "The Fresno Classified Ads Service"! Message Boards, "The Fresno Classified Ads Service"! Clubs, and in all other parts of the Service. You acknowledge and agree that "The Fresno Classified Ads Service" may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of "The Fresno Classified Ads Service", 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.

 

SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

INDEMNITY You agree to indemnify and hold "The Fresno Classified Ads Service", and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

 

 By posting an ad here, you further agree to the following guidelines:

 

1.No foul or otherwise inappropriate language will be tolerated. The script checks for foul language and will strip it from posts,

but if you try to get around this, your ad is subject to being removed immediately and without warning.

2.No racist, hateful, or otherwise offensive comments will be tolerated.

3.No ad promoting activities that would be illegal under the laws of the state or province, or the country of domicile of the

"The Fresno Classified Ads Service" shall be allowed. Similarly no ad promoting activities that would be illegal under the laws of the state or province,

or the country of domicile of the person posting the ad shall be allowed.

4.Any ad that appears to be merely a test posting, a joke, or otherwise insincere or non-serious is subject to removal.Want Ads reserves the ultimate discretion as to which ads, if any, are in violation of these guidelines.

 

You are responsible for your own words. Your comments will be attributed with your name and the date. "The Fresno Classified Ads Service" cannot take responsibility for the comments you post here, and you should be careful about making comments that could be libelous or slanderous. To be safe, make only factual, emotionless comments. Contact your attorney if you have any doubts. You will not be able to retract or edit ads or feedback you left. "The Fresno Classified Ads Service" does not remove ads or feedback unless there is an exceptional circumstance. Think before you leave ads or feedback.

SEE: U.S. Code Collection: TITLE 47 > CHAPTER 5> SUBCHAPTER II > Part I > Sec. 230.

Sec. 230. - Protection for private blocking and screening of offensive material

Please try to resolve any disputes with the other party before publicly declaring a complaint.

 Under federal law (the Communications Decency Act), eBay is not legally responsible for the remarks that users post on its site, even if those remarks are defamatory. eBay provides its ads or feedback forum and its boards as places where users can express their opinions, and eBay will not censor these opinions, or investigate the remarks for accuracy. For more information on laws limiting the liability of companies like eBay from written remarks by third parties posted on its site, see: Legal Information Institute and Findlaw.com

WARNING: If you loose your user ID or password you may not be able to retract information you posted. Once placed, comments may not be retracted.

 

Please try resolving disputes with other parties by email or telephone or other forms of cuminication.

"The Fresno Classified Ads Service" may or may not be able to remove a comment once it is submitted, nor edit a user's ads or feedback Profile or users Profile.

 

"The Fresno Classified Ads Service" ads or feedback Removal Policy

 

"The Fresno Classified Ads Service" users should use caution and good judgment when placing an ad or other information for another user or non-user to view &emdash; what you write is published to the entire "The Fresno Classified Ads Service" community, and you may not later go back and edit your remarks. You should use good judgment for another reason -- you could be held legally responsible for damages to a user's reputation and ours if a court finds that your remarks constitute libel or defamation.

 

To ensure that these forums are used for their proper purpose and not abused, "The Fresno Classified Ads Service" has some basic rules that must be followed, and "The Fresno Classified Ads Service" will remove ads or feedback or ads in a few limited situations. If you believe that another user or non-user has left ads or feedback or placed an ad for you or about you that meets one or more of the below criteria, you should Contact us here and seek a review. If "The Fresno Classified Ads Service" agrees with you, it will remove the ads or feedback or ad. This process may take several weeks.

 

Circumstances where "The Fresno Classified Ads Service" will consider removing ads or feedback

First we will give a few simple rules before we start listing more complex ones.

We do not allow the following on our web sit(s)

* Pornography
* Foul or Vulgar Language
* Spamming on our System to other users or using our system to spamm those who are not registered users
* Copywrite material used unless given permission by the copywite owner
* Photos of 3 or more recognizable people
* "The Fresno Classified Ads Service" reserves the right to determine what violates these terms. 

 

Circumstances where "The Fresno Classified Ads Service" will consider removing ads or feedback

* "The Fresno Classified Ads Service" is provided with a ruling or settlement agreement from a "The Fresno Classified Ads Service" approved certified dispute resolution service.

* "The Fresno Classified Ads Service" is provided with a valid court order finding that the disputed ad or ads or feedback is slanderous, libelous, defamatory or otherwise illegal, or with a settlement agreement resolving such a lawsuit submitted by both attorneys and signed by both parties.

 * The ad or ads or feedback, on its face, has absolutely no connection with "The Fresno Classified Ads Service", such as ads or feedback related to commercial transactions that were not conducted through "The Fresno Classified Ads Service". This also includes ads or feedback that contains any reference to another auction service or ads or feedback that advertises the goods or services of someone other than the user or non-user for whom the ads or feedback was left.

 * The ads or feedback contains any link to another page, picture, or JavaScript.

* ads or feedback that contains personal identifying information about another user or non-user or non user, including real name, address, phone number, or e-mail address.

 * ads or feedback that makes any reference to a "The Fresno Classified Ads Service" or law enforcement organization investigation, i.e., ""The Fresno Classified Ads Service" is investigating this person".

 * Negative ads or feedback intended for another user or non-user will be considered for removal only in situations where the user or non-user responsible for the mistaken posting informs "The Fresno Classified Ads Service" of the error and has already placed the same ads or feedback for the correct user.

* ads or feedback left by a user or non-user who provided "The Fresno Classified Ads Service" with false contact information during the transaction period (as verified by "The Fresno Classified Ads Service"), and cannot be contacted.

* Participating in a "The Fresno Classified Ads Service" transaction with the intent of leaving ads or feedback as part of a campaign to harass one or more members or non-members. 

* "The Fresno Classified Ads Service" may give special consideration to remove ads or feedback upon request from members if the listing ended before the member was suspended, but the ads or feedback was left after we reinstated the member.

 We will send you emails for promotions, new account information, request for user name and password and other information. Emails you receive from can be from fresnowantads.com nd or fresnowantads.com. If you ever report us as SPAM we will close your account and any money you have paid us will not be refunded. We could sue you for filing a false complaint or statements against us which could be for court cost, lawyers fees, loss of revenue and business expenses.

"The Fresno Classified Ads Service" is geographicaly located in an area that recieves much damage to this region. High winds, rain, floods, heavy snow fall, falling trees, earth quakes all of which can cause power outages and down phone lines. In such cases we may not be able to respond to your needs, questions, postings, or removeal of postings that could be libelous or slanderous as soon as you would like for us to. Although we would enjoy our service and customers to expireance a vulgar free site. It would be of a heavy leagal and finacial strain on us to monitor and edit every posting on our site(s) which could be a potentail libelous or slanderous statements. There ae millions of ads posted every month and "The Fresno Classified Ads Service" can not monitor them all. SEE: Legal Information Institute and Findlaw.com

 

We will send you emails for promotions, new account information, request for user name and password and other information. Emails you receive from can be from fresnowantads.com and or fresnowantads.com. If you ever report us as SPAM we will close your account and any money you have paid us will not be refunded. We could sue you for filing a false complaint or statements against us which could be for court cost, lawyers fees, loss of revenue and business expenses.

 

Guidelines

 

In return for posting your FREE classified ad, you agree that it is in compliance with our guidelines. We do not wish to censor or police the ads being posted here, nor do we have the time to monitor every posting, but in order to prevent abuses by a few people and to keep this forum comfortable and appropriate for our general audience, which includes people of all ages, races, religions, and nationalities, we reserve the right to remove any ads in violation of our guidelines that are brought to our attention. Therefore, all ads that are in violation of our guidelines are subject to being removed immediately and without prior notice. By posting an ad here, you agree to the following statement:  

You agree that You will be solely responsible for the content of all classified ads that You post under this program and that You will indemnify "The Fresno Classified Ads Service" and hold it harmless for any losses or damages to yourself or to others that may result directly or indirectly from any ads that You post here.

 

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