WEB SITE TERMS-OF-USE AGREEMENT
USE OF SITE
The Site is provided solely for the use of current and future members of SNAPPHANEN to provide you with information about our company, to permit you to utilize our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:
- Any defamatory, threatening, obscene, harassing, discriminatory, or otherwise unlawful information;
- Any advertisement, solicitation, spam, chain letter, or other similar type of information;
- Any encouragement of illegal activity;
- Unauthorized use or disclosure of private, personally identifiable information of others; or
- Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
- Any materials that are harmful to minors or display sexually explicit material of any kind.
- Any materials that encourage conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
- Transmit or post any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the MyNewMarketPlace.com service.
- Collect, store or solicit information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without MyNewMarketPlace.com's prior consent.
- Any materials that contain personally identifiable information about another member that is published without their express consent.
- Any materials that contain material originally posted by another member that is reposted without permission or attribution.
- Any materials that have misleading email addresses or other manipulated identifiers to disguise its origin.
- Any materials that are purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on MyNewMarketPlace.com's infrastructure.
- Additionally, you agree not to: (1) Contact anyone who has asked not to be contacted; (2) Stalk or otherwise harass anyone; (3) Delete or revise any material posted by any other user; (4) Impersonate any other person or entity or falsely state or misrepresent your affiliation with another person or entity; (5) Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site; and (6) Attempt to gain unauthorized access to MyNewMarketPlace computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site.
If you choose to become a member of the Site, the credit card you utilize will be charged for your monthly membership level, which currently ranges from $5.95 to $59.95 per month. These fees will be charged to your card each month, with your membership renewing automatically each month. In order to cancel your membership, please send an e-mail to . Your membership will then terminate thirty (30) days after our receipt of your notice of cancellation.
SITE CONTENTS AND OWNERSHIP
The information contained on the Site, including all images, designs, photographs, writings, graphs, data, and other materials ("Materials") are the property of SNAPPHANEN and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this Web site and prevent unauthorized copying of the Contents. Except as provided in this Notice, SNAPPHANEN does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
These Terms may be updated by the Site from time to time. All changes will be posted on the site; no other notice will be given. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms at http://www.mynewmarketplace.com/terms. Any continued use of the Site or Service by you after such amended Terms have been posted shall be deemed your consent and agreement to such amended Terms.
You understand and agree that unless expressly stated, Snapphanen in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Site is at your sole risk. Neither SNAPPHANEN, its affiliates, nor any of their members, managers, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, SNAPPHANEN does not warrant reliability of any statement or other information displayed or distributed through the site. SNAPPHANEN reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. SNAPPHANEN may make any other changes to The Site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. SNAPPHANEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SNAPPHANEN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT SNAPPHANEN AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL SNAPPHANEN OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER SNAPPHANEN OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless SNAPPHANEN, and its providers from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises. Any claim made after that date is untimely and will be forever barred.
TERM AND TERMINATION
Without limiting its other remedies, SNAPPHANEN may immediately discontinue, suspend, terminate, or block your and any user's access to the Site at any time in our sole discretion.
As a convenience to you, we may provide on this site links to Web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave the Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by SNAPPHANEN. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by SNAPPHANEN. SNAPPHANEN does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by SNAPPHANEN. Links do not imply that SNAPPHANEN or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of SNAPPHANEN or any of its affiliates or subsidiaries. Except for links to information authored by SNAPPHANEN, SNAPPHANEN is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. SNAPPHANEN reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing on them.
DEALINGS WITH ORGANIZATIONS OR INDIVIDUALS
Snapphanen shall not be liable for your interactions with any
organizations and/or individuals found on the Site or through the
Service. This includes, but is not limited to, payment, delivery and
quality of goods and services, and any other terms, conditions,
warranties or representations associated with such dealings. These
dealings are solely between you and such organizations and/or
individuals. You agree that Snapphanen is not responsible for any
damage or loss incurred as a result of any such dealings.
MyNewMarketPlace.com and Snapphanen is under no obligation to become
involved in disputes between participants on the Site, or between
participants on the Site and any third party. In the event of a
dispute, you release Snapphanen, and its providers from all claims,
damages and demands of every kind, known or unknown, suspected or
unsuspected, disclosed or undisclosed, arising out of or in any way
related to such disputes and our Service and Site.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. SNAPPHANEN makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts hearing in jurisdiction in Oakland County, Michigan for any and all disputes with SNAPPHANEN arising out of your use of the Site.
This Agreement constitutes the entire agreement between SNAPPHANEN and you with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SNAPPHANEN with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement from time to time. You agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to the Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. SNAPPHANEN does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from SNAPPHANEN solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.