WebCloseout.com TERMS OF USE


1. ACCEPTANCE OF TERMS

WebCloseout.com provides a collection of online resources, including classified 
ads, forums, and various email services, (referred to hereafter as "the 
Service") subject to the following Terms of Use. By using the Service 
in any way, you are agreeing to comply with the Terms of Use. In addition, when using 
particular WebCloseout.com services, you agree to abide by any applicable posted 
guidelines for all WebCloseout.com services, which may change from time to time.  
Should you object to any term or condition of the Terms of Use, any guidelines, 
or any subsequent modifications thereto or become dissatisfied with WebCloseout.com 
in any way, your only recourse is to immediately discontinue use of WebCloseout.com.  
WebCloseout.com has the right, but is not obligated, to strictly enforce the Terms of Use 
through self-help, community moderation, active investigation, litigation and 
prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise 
alter these terms and conditions at any time.  Such modifications shall become 
effective immediately upon the posting thereof. You must review this agreement 
on a regular basis to keep yourself apprised of any changes. 

3. CONTENT

You understand that all postings, messages, text, files, images, photos, 
video, sounds, or other materials ("Content") posted on, transmitted 
through, or linked from the Service, are the sole responsibility of the 
person from whom such Content originated. More specifically, you are 
entirely responsible for each individual item ("Item") of Content that you 
post, email or otherwise make available via the Service. You understand that 
WebCloseout.com does not control, and is not responsible for Content made available 
through the Service, and that by using the Service, you may be exposed to 
Content that is offensive, indecent, inaccurate, misleading, or otherwise 
objectionable. Furthermore, the WebCloseout.com site and Content available through 
the Service may contain links to other websites, which are completely 
independent of WebCloseout.com.  WebCloseout.com makes no representation or warranty as 
to the accuracy, completeness or authenticity of the information contained 
in any such site.  Your linking to any other webites is at your own risk. 
You agree that you must evaluate, and bear all risks associated with, the 
use of any Content, that you may not rely on said Content, and that under no 
circumstances will WebCloseout.com be liable in any way for any Content or for 
any loss or damage of any kind incurred as a result of the use of any Content 
posted, emailed or otherwise made available via the Service. You acknowledge 
that WebCloseout.com does not pre-screen or approve Content, but that WebCloseout.com 
shall have the right (but not the obligation) in its sole discretion to 
refuse, delete or move any Content that is available via the Service, for 
violating the letter or spirit of the Terms of Use or for any other reason.


4. THIRD PARTY CONTENT, SITES, AND SERVICES

The WebCloseout.com site and Content available through the Service may contain 
features and functionalities that may link you or provide you with access 
to third party content which is completely independent of WebCloseout.com, 
including web sites, directories, servers, networks, systems, information 
and databases, applications, software, programs, products or services, 
and the Internet as a whole.  

Your interactions with organizations and/or individuals found on or through 
the Service, 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 organizations and/or individuals.  
You should make whatever investigation you feel necessary or appropriate 
before proceeding with any online or offline transaction with any of these 
third parties.  

You agree that WebCloseout.com shall not be responsible or liable for any loss or 
damage of any sort incurred as the result of any such dealings. If there is 
a dispute between participants on this site, or between users and any third 
party, you understand and agree that WebCloseout.com is under no obligation to 
become involved. In the event that you have a dispute with one or more other 
users, you hereby release WebCloseout.com, 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 our service. 

5.  NOTIFICATION OF CLAIMS OF INFRINGEMENT


6. PRIVACY AND INFORMATION DISCLOSURE

WebCloseout.com has established a Privacy Policy to explain to users how their 
information is collected and used, which is located at the following web 
address: 

http://www.WebCloseout.com./privacy.htm

7. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, 
libelous, invasive of another's privacy, pornographic or is harmful to minors in any way. 

b) that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.

c) that impersonates any person or entity, including, but not limited to, a 
WebCloseout.com employee, or falsely states or otherwise misrepresents your 
affiliation with a person or entity (this provision does not apply to Content 
that constitutes lawful non-deceptive parody of public figures.).

d) that includes personal or identifying information about another person 
without that person's explicit consent.

e) that is false, deceptive, misleading, deceitful or 
constitutes "bait and switch".

f) that infringes any patent, trademark, trade secret, copyright or other 
proprietary rights of any party, or Content that you do not have a right to 
make available under any law or under contractual or fiduciary relationships.

g) that constitutes or contains  "affiliate marketing," "link referral code," 
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited 
commercial advertisement.

h) that constitutes or contains any form of advertising or solicitation if: 
posted in areas of the WebCloseout.com sites which are not designated for such 
purposes; or emailed to WebCloseout.com users who have not indicated in writing that 
it is ok to contact them about other services, products or commercial interests.

i) that advertises any illegal service or the sale of any items the sale of 
which is prohibited or restricted by any applicable law, including without 
limitation items the sale of which is prohibited or regulated by Deleware 
law. A partial list of prohibited items for sale and prohibited services 
offered is provided at the following web address:    


http://WebCloseout.com/prohibiteditems.htm 

j) 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.

k) that disrupts the normal flow of dialogue with an excessive amount of 
Content (flooding attack) to the Service, or that otherwise negatively 
affects other users' ability to use the Service; or

l) that employs misleading email addresses, or forged headers or otherwise 
manipulated identifiers in order to disguise the origin of Content 
transmitted through the Service.

Additionally, you agree not to:

a) contact anyone who has asked not to be contacted, or make unsolicited 
contact with anyone for any commercial purpose;

b) collect personal data about other users for commercial or unlawful 
purposes;

c) use automated means, including spiders, robots, crawlers, data mining 
tools, or the like to download data from the Service - unless expressly 
permitted by WebCloseout.com;

d) post non-local or otherwise irrelevant Content, repeatedly post the 
same or similar Content or otherwise impose an unreasonable or 
disproportionately large load on our infrastructure;

e) use any form of automated device or computer program that enables the 
submission of postings on WebCloseout.com without each posting being manually 
entered by the author thereof (an "automated posting device"), including 
without limitation, the use of any such automated posting device to submit 
postings in bulk, or for automatic submission of postings at regular intervals.

8. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to 
WebCloseout.com email addresses or through WebCloseout.com computer systems, which is 
expressly prohibited by these Terms. Any unauthorized use of WebCloseout.com computer systems 
is a violation of these Terms and certain federal and state laws. Such violations may subject the 
sender and his or her agents to civil and criminal penalties.

9. LIMITATIONS ON SERVICE

You acknowledge that WebCloseout.com 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 postings, email messages, or 
other Content that may be transmitted or stored by the Service, and the 
frequency with which you may access the Service. You agree that WebCloseout.com 
has no responsibility or liability for the deletion or failure to store any 
Content maintained or transmitted by the Service. You acknowledge that 
WebCloseout.com reserves the right at any time to modify or discontinue the 
Service (or any part thereof) with or without notice, and that WebCloseout.com 
shall not be liable to you or to any third party for any modification, 
suspension or discontinuance of the Service.

10. ACCESS TO THE SERVICE

WebCloseout.com grants you a limited, revocable, nonexclusive license to access 
the Service for your own personal use.  This license does not include: 
(a) access to the Service by Posting Agents; or (b) any collection, 
aggregation, copying, duplication, display or derivative use of the Service 
nor any use of data mining, robots, spiders, or similar data gathering and 
extraction tools for any purpose unless expressly permitted by WebCloseout.com. 
A limited exception to (b) is provided to general purpose internet search 
engines and non-commercial public archives that use such tools to gather 
information for the sole purpose of displaying hyperlinks to the Service, 
provided they each do so from a stable IP address or range of IP addresses 
using an easily identifiable agent and comply with our robots.txt file. 
"General purpose internet search engine" does not include a website or 
search engine or other service that specializes in classified listings 
or in any subset of classifieds listings such as jobs, housing, for sale, 
services, or personals, or which is in the business of providing classified 
ad listing services.

11. TERMINATION OF SERVICE

You agree that WebCloseout.com, in its sole discretion, has the right (but not 
the obligation) to delete or deactivate your account, block your email or IP 
address, or otherwise terminate your access to or use of the Service (or any 
part thereof), immediately and without notice, and remove and discard any 
Content within the Service, for any reason, including, without limitation, 
if WebCloseout.com believes that you have acted inconsistently with the letter or 
spirit of the Terms of Use. Further, you agree that WebCloseout.com shall not be liable 
to you or any third-party for any termination of your access to the Service.  
Further, you agree not to attempt to use the Service after said termination.  

12. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws 
and international treaties. Content displayed on or through the Service is 
protected by copyright as a collective work and/or compilation, pursuant to 
copyrights laws, and international conventions. Any reproduction, 
modification, creation of derivative works from or redistribution of the 
site or the collective work, and/or copying or reproducing the sites 
or any portion thereof to any other server or location for further 
reproduction or redistribution is prohibited without the express 
written consent of WebCloseout.com. You further agree not to reproduce, 
duplicate or copy Content from the Service without the express written 
consent of WebCloseout.com, and agree to abide by any and all copyright notices 
displayed on the Service. You may not decompile or disassemble, reverse 
engineer or otherwise attempt to discover any source code contained in the 
Service. Without limiting the foregoing, you agree not to reproduce, 
duplicate, copy, sell, resell or exploit for any commercial purposes, any 
aspect of the Service. WebCloseout.com is a registered mark in the U.S. Patent 
and Trademark Office.

Although WebCloseout.com does not claim ownership of content that its users post, 
by posting Content to any public area of the Service, you automatically 
grant, and you represent and warrant that you have the right to grant, to 
WebCloseout.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide 
license to use, copy, perform, display, and distribute said Content and to 
prepare derivative works of, or incorporate into other works, said Content, 
and to grant and authorize sublicenses (through multiple tiers) of the 
foregoing. Furthermore, by posting Content to any public area of the Service, 
you automatically grant WebCloseout.com all rights necessary to prohibit any 
subsequent aggregation, display, copying, duplication, reproduction, or 
exploitation of the Content on the Service by any party for any purpose.


13. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE WebCloseout.com SITE AND THE SERVICE IS ENTIRELY AT 
YOUR OWN RISK. THE WebCloseout.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS 
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL 
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE 
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND 
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE 
FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, 
WebCloseout.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, 
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WebCloseout.com SITE AND THE 
SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, WebCloseout.com DISCLAIMS ANY 
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE 
WebCloseout.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON 
THE WebCloseout.com SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, WebCloseout.com 
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN 
CONNECTION WITH THE WebCloseout.com SITE OR THE SERVICE.  Some jurisdictions do 
not allow the disclaimer of implied warranties.  In such jurisdictions, some 
of the foregoing disclaimers may not apply to you insofar as they relate to 
implied warranties.


14. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WebCloseout.com BE LIABLE FOR DIRECT, INDIRECT, 
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WebCloseout.com 
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY 
ASPECT OF YOUR USE OF THE WebCloseout.com SITE OR THE SERVICE, WHETHER THE 
DAMAGES ARISE FROM USE OR MISUSE OF THE WebCloseout.com SITE OR THE SERVICE, FROM 
INABILITY TO USE THE WebCloseout.com SITE OR THE SERVICE, OR THE INTERRUPTION, 
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WebCloseout.com SITE 
OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES 
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR 
ADVERTISED IN CONNECTION WITH THE WebCloseout.com SITE OR THE SERVICE OR ANY 
LINKS ON THE WebCloseout.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR 
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WebCloseout.com SITE 
OR THE SERVICE OR ANY LINKS ON THE WebCloseout.com SITE.  THESE LIMITATIONS SHALL 
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, 
limitations of liability are not permitted.  In such jurisdictions, some of 
the foregoing limitation may not apply to you.


15. INDEMNITY

You agree to indemnify and hold WebCloseout.com, its officers, subsidiaries, 
affiliates, successors, assigns, directors, officers, agents, service 
providers, suppliers and employees, harmless from any claim or demand, 
including reasonable attorney fees and court costs, made by any third party 
due to or arising out of Content you submit, post or make available through 
the Service, your use of the Service, your violation of the Terms of Use, your 
breach of any of the representations and warranties herein, or your 
violation of any rights of another.