1. Description of Service.
Bethie b. is providing the Member with access to classified ads (to buy and/or sell), personal/business profiles, community networking, various email services, blogs/forums and other online resources. Member must provide: (1) all equipment necessary for their own Internet connection, including computer and modem; (2) provide for Member’s access to the Internet; and (3) pay any fees related to such connection.
bethie b. owns all rights to content, design and work created by bethie b., including all custom orders. Any work created could be used for marketing, promotions or reproduced.
Bethie b. encourages all Members to review all privacy policies of Third Party Sites. 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 bethie b. 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 bethie b. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release bethie b., 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.
3. Disclaimer of Warranties.
The bethie b. website and the Service provided by bethie b. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, bethie b. makes no representations or warranties of any kind, express or implied, regarding the use or the results of the bethie b. website in terms of its correctness, accuracy, reliability or otherwise. Bethie b. shall have no liability for any interruptions in the use of the bethie b. website. Bethie b. disclaims all liability and warranties with regard to the information provided, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and of non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the some portions of foregoing disclaimer and limitation may be inapplicable.
Bethie b. does not represent or warrant the functions contained in the site will be uninterrupted or error-free, or that this site or the server that makes the site available are free of viruses or other harmful components. You agree that the use of this site is at your sole risk. Bethie b. shall not be liable for any special or consequential damages that arise from the use of, or the inability to use this site. Applicable law may not allow for limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Bethie b. reserves the right to modify or discontinue the Service or the bethie b. website with or without notice to the Member. Bethie b. shall not be liable to Member or any third party should bethie b. exercise its right to modify or discontinue the Service or the bethie b. website. Member acknowledges and accepts that bethie b. does not guarantee continuous, uninterrupted or secure access to the bethie b. website and operation of such website may be interfered with or adversely affected by numerous factors or circumstances outside the control of bethie b.
Product specifications and other information have either been provided by the sellers or vendors (collectively “Vendors”) or collected from publicly available sources. While bethie b. makes every effort to ensure that the information on the bethie b. website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on the bethie b. website. Further, bethie b. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and the Member acknowledges that any reliance on representations and/or warranties provided by any Vendor shall be at Member’s own risk.
YOU AGREE THAT USE OF THE BETHIE B. WEBSITE AND THE SERVICE IS ENTIRELY AT OUR OWN RISK. THE BETHIE B. 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, BETHIE B. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BETHIE B. SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BETHIE B. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BETHIE B. SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BETHIE B. SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BETHIE B. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BETHIE B. 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.
4. Limitation of Liability.
BETHIE B. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BETHIE B. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THE BETHIE B. WEBSITE, OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BETHIE B. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 BETHIE B. SITE OR THE SERVICE OR ANY LINKS ON THE BETHIE B. SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BETHIE B. SITE OR THE SERVICE OR ANY LINKS ON THE BETHIE B. SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE PORTIONS OF THE FOREGOING DISCLAIMER AND LIMITATIONS MAY BE INAPPLICABLE.
Member agrees to indemnify and hold bethie b., its parents, subsidiaries, affiliates, officers, owners, employees, successors and assigns harmless from any and all claims and demands, of any type, in law or equity, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the Member’s use of the bethie b. website, the violation of this Agreement, or infringement by Member or other user of the Service using Member’s computer, of any intellectual property right or any and all other rights of any person or entity, by you or any other person accessing the site using your Internet account.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to bethie b. email addresses or through bethie b. computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of bethie b. computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. Paid Postings
We charge a fee to post Content for our Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU or in the event your item does not sell through the Service and designated time period.
8. Limitations of Service
You acknowledge that bethie b. established and may further 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 bethie b. has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that bethie b. reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that bethie b. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. Access to the Service
Bethie b. 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 bethie b. 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 of providing classified ad listing services. Bethie b. permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes, or if a business agreement has been establish, only (e.g., for use in personal web blogs or personal online media and/or pre-approved vendor relationships).
If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU unless an agreement has been pre-approved, absent express permission granted by bethie b. to do so. You may also create a hyperlink to the home page of bethie b. sites so long as the link does not portray bethie b, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Bethie b. offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Bethie b. permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘bethie b.’ as the source, (d) your use or display does not suggest that bethie b. promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden bethie b. systems. Bethie b. reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by bethie b. immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from bethie b .
10. Termination of Service
You agree that bethie b., 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 bethie b. believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that bethie b. 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.
11. Proprietary Rights
The Service and products are 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 bethie b. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of bethie b., 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.
Although bethie b. 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 bethie b. 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 bethie b. 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.
All content included or available on the bethie b. website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Bethie b..com, with all rights reserved.
Any use of materials on the bethie b. website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, spamming or other commercial exploitation of any kind, without prior written permission of an authorized officer of bethie b. is strictly prohibited. Member agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the bethie b. website or webpages or the content contained therein without prior written permission of an authorized officer of bethie b.
Bethie b.com’s sought trademarks may not be used in connection with any product or service that is not provided by Bethie b.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bethie b.com.
12. General Information
The TOU constitute the entire agreement between you and bethie b. and
govern your use of the Service, superseding any prior agreements between you and bethie b. The TOU and the relationship between you and bethie b. shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and bethie b. agree to submit to the personal and exclusive jurisdiction of the courts located within Cook Country of Illinois. The failure of bethie b. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect. 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 TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
To contact us regarding questions or concerns:
13. Governing Jurisdiction of the Courts of Illinois.
Our website is operated and provided in the State of Illinois. As such, we are subject to the laws of the State of Illinois, and such laws will govern this Agreement, without giving effect to any choice of law rules. Bethie b. makes no representation that its website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the bethie b. website you agree to do so subject to the internal laws of the State of Illinois.
14. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable local, state, federal, or international laws, statutes, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Bethie b. retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, bethie b. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion .