Acceptance of Terms of Service.

Welcome to EZpostings, a diverse set of online services including classified ads, blogs, forums and social networking (individually and collectively, the "Service").  By using the EZpostings web site (the "Site"), including accessing any Service, you agree to be bound by all of the following terms and conditions (the "Terms of Service"). 

Modifications to Terms of Service. 

EZpostings may modify the Terms of Service at any time and without prior notice, such modifications to be effective upon posting by EZpostings on the Site and you agree to be bound by such successor terms and conditions by your continued use of the EZpostings Site.

Eligibility.

Unless otherwise expressly provided on the Site (and, in which case, additional terms and conditions may apply) you must be at least 18 years of age to access the Site and the Service.  Please note that even if persons younger than 18 are authorized limited access and use, under no circumstances are persons younger than 13 years of age authorized to use the Site and/or access the Service.

Registration Information.

To access certain elements of the Service you will be required to register with EZpostings.  You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and to maintain and promptly update your registration information to keep it true, accurate, current and complete.

Without limiting EZpostings' other rights under these Terms of Service or otherwise, in the event you fail to comply with the registration requirements stated above, or EZpostings has grounds to suspect that that you have failed to comply, EZpostings may suspend or terminate your account and deny you any and all current or future use of the Service (or any portion thereof).

Privacy Policy.

Registration information, and other information about you, is subject to the EZpostings privacy policy, the terms of which are incorporated herein by reference.  For more information, see our privacy policy at http://www.ezpostings.com/privacy_policy.aspx.

User Account and Password.

You are responsible for maintaining the confidentiality of your EZpostings account and password and you are responsible for all activities that occur under your account or password, whether or not expressly authorized by you.  You agree to promptly notify EZpostings of any unauthorized use of your account or password.

User Content, Submissions and Conduct.

All postings, files, text, message, images, video, photos, sounds or other materials ("Content") posted on, transmitted through, or linked from the Service are the responsibility of the person from whom such Content originated. 

You are responsible for all Content that you submit or make available for inclusion on the Service and you agree that you will not post any Content that violates any applicable law.

Without limiting the foregoing, you agree not to use the Service to:

(a) upload, post or otherwise transmit or make available any Content that you do not have the right to make available or that is threatening, abusive, harassing, obscene or defamatory.

(b) upload, post or otherwise transmit or make available any Content that violates the copyright, trademark or other intellectual property right or rights of EZpostings or of any third party.

(c) misrepresent your identity or otherwise impersonate any person or entity, whether in connection with Content or otherwise.

(d) upload, post or otherwise transmit or make available any unsolicited or unauthorized advertising or any "junk mail", "spam", "chain letters", "pyramid schemes" or other forms of solicitation.

(e) upload, post or otherwise transmit or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, degrade, destroy or limit the functionality of any computer software or hardware or related  equipment.

You acknowledge that EZpostings does not control and is not responsible for Content made available through the Service.  Please be aware that by using the Service, you may be exposed to Content that is indecent, inaccurate, offensive, or objectionable.  EZpostings may contain links to other websites that are independent of EZpostings.  EZpostings makes no representation or warranty as to the completeness, accuracy and authenticity of the information contained in those other links.  Linking to any other web sites is at your own risk. 

EZpostings does not prescreen or approve Content within the site but EZpostings shall have the right to refuse, delete, or move any Content that is available via the Service, in EZpostings sole discretion.

You additionally agree not to reproduce, copy, sell or exploit for any commercial purposes any portion of the Service, use of the Service or access to the Service.

Limitations on Service.

EZpostings 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 the postings, along with the type of Content that may be transmitted and stored within the Service.  You agree that EZpostings is not responsible or liable for the deletion or failure to store any Content maintained or transmitted by the Service.  You acknowledge that EZpostings reserves the right at any time to modify or discontinue the Service with or without notice and that EZpostings shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Dealings with Advertisers and Others.

Communications and dealings between you and any advertiser or other organization or individual found on the Site, 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 advertiser(s) or other party.  You agree that EZpostings shall not be held responsible or liable for any loss or damage incurred as the results of such dealings or as the result of the presence of such advertisers or others on the Site.  If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that EZpostings is under no obligation to become involved and you hereby release EZpostings, 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 the Service.

Trademark Information.

You acknowledge that EZpostings and the EZpostings logo are trademarks and service marks of EZpostings Digital Media, Inc.  Without EZpostings' prior written consent, you agree not to display or use in any manner the foregoing marks.

Disclaimer of Warranties.

EZpostings disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Services.  EZpostings disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. EZpostings disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Service.

THE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. EZPOSTINGS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EZPOSTINGS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. EZPOSTINGS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. EZPOSTINGS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL EZPOSTINGS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EZPOSTINGS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE  SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall EZpostings or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Indemnity.

You agree to indemnify and hold EZpostings, its officers, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers harmless from any claim or demand, including reasonable attorneys' fee, made by any third party due to or arising from the Content that you submit or post through the Service, your use of the Service, your breach of Terms of Service (including the documents it incorporates by reference), or your violation of any law or the rights of any third party.

Waiver.

The failure of EZpostings to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.  If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.

No Agency.

You and EZpostings are independent contractors and no agency, partnership, joint venture, employment or franchisee-franchisor relationship is intended or created by these Terms of Service.

Headings.

The section headings in the Terms of Service (including documents incorporated therein) are for convenience only and have no legal or contractual effect.

Resolution of Disputes.

Any claim that relates to the Service may be adjudicated by a court of competent jurisdiction in San Francisco, California.  You and EZpostings each agree to submit to the personal jurisdiction of the courts located within San Francisco, California.

Governing Law.

These Terms of Service shall be governed in all respects by the laws of the State of California , without giving effect to its conflict of laws principles, and, as applicable, to the Federal laws of the United States .

Statute of Limitations.

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 Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement.

The Terms of Service constitutes the entire agreement between you and EZpostings and governs your use of the Service, superseding any prior agreements between you and EZpostings with respect to the Service.  Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of EZpostings.