User Agreement
For Sellers
and Buyers
Date Last Revised: November 1, 2005
PLEASE READ
THIS AGREEMENT CAREFULLY.
BY ACCEPTING
THIS AGREEMENT, YOU ACCEPT THESE TERMS AND CONDITIONS AND YOU ALSO AGREE THAT YOU
HAVE REVIEWED AND ACCEPT THE MOM'S LIST LEGAL DISCLAIMER AS WELL AS THE PRIVACY
POLICY STATEMENT.
Make sure you
have read and agree with all of this document as well as the Legal Disclaimer
and the Privacy Policy Statement prior to accepting this agreement.
Welcome
to Mom's List Online Classified Advertisements. This document describes the
terms and conditions on which Mom's List and FAMILIES Magazines, Inc. offer a buyers
and sellers ("You") access to our services. If you have a question
about these terms or our service that is not addressed in these documents, please
contact us at momslist@thefamilymagazine.com. If you do not agree to be bound
by the terms and conditions of this agreement, do not use or access our
services.
We
reserve the right to change or discontinue, temporarily or permanently, some or
all of our services at any time without notice.
Acceptance of
Terms
By
clicking on the button indicating that you have read User Agreement, you agree
to these terms as well as all of the information contained in the Legal Disclaimer
and Privacy Policy Statement. If
changes are made to any of these documents, the date those changes are made will
be noted at the top of the page. Be sure
to check and review the Legal Disclaimer, Privacy Statement and User Agreement each
time you visit the Mom's List site.
Mom's List Is
Only a Venue
Mom's
List is not an auctioneer or seller of goods or services. Mom's list only acts as an online classified
advertisement placement service for Users to locate people to buy from, sell
to, and negotiate the exchange of goods and services. We do not own or handle
any of the goods and services listed on the site. As a result, we cannot verify
or endorse the quality, safety, or legality of the items listed, or the truth
or accuracy of the classified ads.
Release
Mom's
List is only a venue and will not be held responsible for content of any
advertisement. In the event there is a
dispute with one or more users, you release Mom's List and FAMILIES Magazines,
Inc. (and our officers, directors, agents, subsidiaries, joint ventures and
employees) from all claims, demands and damages (actual and consequential) of
every kind, nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes or usage
of Mom's List Online Classified Advertisements.
Information
You,
the User, provide the information used in advertisements on Mom's List. This information
is provided to us during the posting process. This information consists of information given to us in any public
message area or through any email feature, including all text descriptions
and/or photographs, digital images, or renderings of the User's items and
services. You are solely responsible for your information, and Mom's List acts
as a passive conduit for the User's online distribution and publication. We
may, however, take any action with respect to such information deemed necessary
or appropriate at our sole discretion if we believe it may create liability for
us or may cause us to lose (in whole or in part) the services of our
advertiser, suppliers, or customer patronage.
You
must agree to the following in order to post your goods or services on Mom's
List. You agree that information and the
items and services you (the User) list on Mom's List:
*will not include any content that is
obscene, harmful to minors, an invasion of privacy, offensive, or otherwise
illegal or inappropriate.
*will not offer for sale any adult
oriented services or products.
*will not be fraudulent or involve the
sale of counterfeit or stolen items;
*will not infringe any third party's
copyright, patent, trademark, trade secret, or other proprietary rights or
rights of publicity or privacy;
*will not contain false or misleading
information;
*will not violate any law, statute,
ordinance, or regulation (including without limitation those governing export
control, consumer protection, unfair competition, anti-discrimination, or false
advertising);
*will not be defamatory, trade
libelous, unlawfully threatening, or unlawfully harassing;
*will not be obscene or contain child
pornography;
*will not contain profanity;
*will not contain any viruses, Trojan
horses, or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept, or expropriate any
system, data, or personal information;
*will not link directly or indirectly
to or include descriptions of goods or services that are prohibited under this
Agreement or you do not have a right to link to or include.
*WILL comply with all applicable laws,
statutes, ordinances and regulations regarding your use of our service and your
negotiations, classified ad, purchase, and sale of items and services.
Costs &
Fees
Mom's
List charges $5 per advertisement and per location for each classified advertisement
placed on the Mom's List site. This
means that if you want to have your classified advertisement appear on more
than one location (see list of locations), the advertisement will be entered
for each location separately and will be charged separately for each location. q
We
reserve the right to change or discontinue, temporarily or permanently, some or
all of our services at any time without notice.
Limitations to
Advertisement Placement
Users
agree that you will not use any device, software, or routine to interfere or
attempt to interfere with the proper working of the Mom's List or FAMILIES
Magazines site or any transaction being conducted on our site. You may not take
any action that imposes an unreasonable or disproportionately large load on our
infrastructure.
General Terms
Mom's
List and FAMILIES Magazines, Inc. reserves the right temporarily suspend,
indefinitely suspend any information or listing at any time for any reason. We cannot
assume responsibility for the timeliness, deletion, mis-delivery, or failure to
store any data, communications, or settings. This system may be unavailable from time to time for routine maintenance
and downtime. No refunds will be made
for lost time. There are no implied
warranties. Some states do not allow
this disclaimer and the foregoing disclaimer may not apply to your specific
state.
We
will try very hard to make Mom's List a positive experience and beneficial to
both buyers and sellers. It is our goal
to help moms communicate with other moms about goods and services that can help
them in their quest for a happy family.
Maintenance
& Downtime
From
time to time, Mom's List will conduct scheduled maintenance. As a result, you
may experience temporary downtime that may prevent you from being able to use
our site and/or some of our services. Occasionally, these delays are necessary
in order for us to update our database and improve our services. We will do our
best to keep these periods brief.
Termination
Mom's
List may terminate any classified ad, picture, or listing with out notice if we
believe you have not complied with our User Agreement.
SELLERS
CAUTION WHEN
PLACING YOUR ADVERTISEMENT. Any
advertisement deemed by Mom's List or FAMILIES Magazines, Inc. to be inappropriate
for our market or Mom's List in general, will be deleted and will NOT appear on
Mom's List. No money will be refunded or
returned. The person placing the
advertisement will be notified that the advertisement has been rejected and that
the advertisement will not appear on Mom's List. No money will be refunded.