By using the services provided by www.downtownsouthberwick.com you agree to abide by and be bound by the following Terms and Conditions. As used herein, "DTSB.com" shall refer to www.downtownsouthberwick.com; and/or both www.downtownsouthberwick.com and Lionel Houde as necessitated by the context in which it is used:
1. Competence of User. DTSB.com web site, including without limitation any part or subpart thereof and/or any site, link, or portion of web site accessed on or through DTSB.com web site, may be used only by individuals 18 years of age or older with the ability to form legally binding contracts. If using a credit card on DTSB.com web site you represent that you are in lawful possession of the credit card and possess all of the rights, duties, obligations, and responsibilities attendant upon the cardholder.
2. Limitation of Liability / Disclaimer of Warranties. Under no circumstances, including, but not limited to negligence, shall DTSB.com be responsible or liable for any expenses, losses, claims, costs or damages, including, without limitation, direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if DTSB.com or an DTSB.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. DTSB.com PROVIDES ITS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY. DTSB.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DTSB.com reserves the right to edit, refuse, delete, modify, or remove ads, postings, listings or messages in its sole discretion for any reason. DTSB.com strictly prohibits the sale of illegal items (including, without limitation, counterfeit or stolen items). DTSB.com does not guarantee continuous, uninterrupted or secure access to its web site. DTSB.com is not responsible for damages or loss caused by errors in the system or the Internet, including, without limitation, network outages, Internet connectivity problems, client side browser issues or other such problems. You agree to indemnify and hold harmless DTSB.com, its subsidiaries, related companies, officers, directors, employees and agents from and against all loss, damage, cost, expense and claim which may be suffered or incurred by you as a result of or related in any way with your use of DTSB.com web site.
3. No Agency. You and DTSB.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Disclaimer.
4. Assumption of Risks. DTSB.com is not responsible for the goods or services listed at this web site. The sellers assume all risk and liability arising from their offer for sale of any item. The buyers are solely responsible for the merchandise purchased through www.downtownsouthberwick.com. Buyers assume all risk and liability arising from their purchase of any item. DTSB.com does not get involved in the transactions between sellers, buyers, advertisers, and contacts. All terms are agreed upon between seller and buyer. Since DTSB.com does not get involved in the actual transaction between sellers and buyers, DTSB.com does not control and is not responsible for the following: the quality, authenticity, condition, safety or legality of listed items; the content or context of listings, including, without limitation, the truth, accuracy, or reliability of the listings; the ability of the seller to sell or complete the sale; or the ability of the buyer to purchase or complete the purchase. In addition, by using this site you represent that you are aware that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
5. Inappropriate Use. DTSB.com cannot guarantee that we will notice or prevent anyone from abusing our system, or inappropriately using our system or registering with false information. DTSB.com cannot guarantee the preservation of any material, information and records posted on the Web site. The use of private user information, other than as expressly permitted by the Terms and Conditions of this Disclaimer is strictly prohibited. Users agree to refrain from "spamming" (sending unsolicited commercial e-mail to other users).
6. Content or Context of Listings or Public Display Areas. DTSB.com is not responsible for typographical errors, accuracy, content, quality or transactions between the advertiser and his/her contact. DTSB.com does not assume responsibility for the content or the context of the listings. DTSB.com does not assume responsibility for the content or the context of the public display areas such as the Forums. You are at your own risk in using DTSB.com web site, including without limitation any part or subpart thereof and/or any site, link, or portion of web site accessed on or through DTSB.com web site.
7. Prohibited Activities. By using DTSB.com web site you agree that any information provided by you (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a commercial web site other than DTSB.com (this does not prevent linking to or advertising an DTSB.com item from another web site); or (cc) you do not have a right to link to; or (j) include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to include. Moreover you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and sale of items.
8. Ownership of Web Site Contents. Contents of this web site, including without limitation any contents or materials provided by a user for inclusion on this web site, are the exclusive property of Lionel Houde. By using this web site you are granting DTSB.com the unconditional right to use, destroy, alter or otherwise act as rightful owner without limitation any contents, material or information provided to or included on DTSB.com web site.
9. Copyright. This site is copyrighted © 2003 by Lionel Houde. All rights reserved. All content included on the DTSB.com site, such as text, graphics, photos, video clips logos, button icons, images and audio clips is the property of Lionel Houde ("DTSB.com"). This material is protected by United States and international copyright laws. This material may be used as a shopping resource by users. Any other use by users, including the reproduction, adaptation, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. All software used on this site is the property of DTSB.com or its software suppliers and is protected by United States and international copyright laws. Unauthorized reproduction, adaptation, modification, distribution, transmission, republication, display or performance of this software is strictly prohibited. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to DTSB.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior express written permission of DTSB.com or the appropriate third party.
10. Trademark. www.downtownsouthberwick.com and the www.downtownsouthberwick.com logo are trademarks of Lionel Houde. These trademarks may not be used otherwise than with the express permission of DTSB.com.
11. Arbitration. Any legal controversy or legal claim arising out of or relating in any way to this Agreement or our services, excluding legal action taken by DTSB.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the DTSB.com site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Portland, Maine and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs.
12. General. This Agreement shall be governed in all respects by the laws of the State of Maine as such laws are applied to agreements entered into and to be performed entirely within Maine between Maine residents. The laws of the State of Maine, excluding its conflicts-of-law rules, govern the Terms and Conditions of this Disclaimer. As noted elsewhere, your conduct may be subject to other local, state, and national laws. You expressly agree that exclusive jurisdiction for any claim or dispute resides in the courts of the State of Maine. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Maine in connection with any dispute or claim involving www.downtownsouthberwick.com and/or Lionel Houde. The Terms and Conditions of this Disclaimer may be amended from time to time, by DTSB.com in its sole discretion. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by DTSB.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
|
