ACCEPTANCE OF TERMS
Need4More has the right, but is not obligated, to strictly enforce the TOU through self-help, active investigation, community moderation, litigation and prosecution. Need4More may update these Terms at any time and it is the users responsibility to check the Need4More site frequently for these changes. You understand and agree that you are solely responsible for reviewing these Terms from time to time. At any time you can review the most current version of these Terms, which can be found on Need4More.com. Continued use of the Software or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.
Although registration is not required to use the Service or access to the Site, if you decide to register, you must complete the Need4More registration process. At time of registration you must be at least 18 years of age, submit a valid e-mail address and select a username and password during the registration process. You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify Need4More immediately of any unauthorized use of your account. Need4More reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.
You understand that all listings, photos, images, messages, text, files, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization 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 also understand that Need4More does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.Furthermore, Need4More and Content available through the Service may contain links to other websites, which are completely independent of Need4More. Need4More 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 websites is at your own risk. Under no circumstances will Need4More 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, linked or otherwise made available via the Site. 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 understand and agree that any uploading or posting will be at your sole risk and Need4More shall not be responsible to you in any way. Further, Need4More does not provide any warranty as to your use of third-party content or software that you obtain from the Site. You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although Need4More does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Need4More 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. You acknowledge that Need4More does not pre-screen or approve Content, but that Need4More 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 TOU or for any other reason.
OWNERSHIP AND CLAIMS OF INFRINGMENT
If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately contact us . Please provide Need4More with the following Notice:
- Identify the material on the Need4More site that you claim is infringing, with sufficient detail that the infringed upon material may be found by us on the website;
- A statement by you that you have a good faith belief that the disputed infringement is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your telephone number, address and email address; and
- Your physical or electronic signature.
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, nor post any ad for any product or service, use or sale of which is prohibited by law or regulation
- Posting adult content or explicit adult material unless: (i) such material is specifically permitted in designated adult categories and permitted under applicable federal, state, and local law; and (ii) you are at least 18 years of age or older and not considered to be a minor in your state of residence;
- Posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs which depict genitalia oractual or simulated sexual acts, as determined in the sole discretion of Need4More;
- Posting any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for moneyor other valuable consideration;
- Posting any material on the Site that exploits minors in any way;
- Posting any material on the Site that in any way constitutes or assists in human trafficking.
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap(or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- 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.
- with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
- that impersonates any person or entity, including, but not limited to, a craigslist 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.);
- that includes personal or identifying information about another person without that person's explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- 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;
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters", "pyramid schemes," or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if: posted in areas of the Need4More sites which are not designated for such purposes; or emailed to Need4More users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
- that includes links to commercial services or web sites, except as allowed in "services";
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
- 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;
- 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
- 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:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Need4More;
- 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;
- post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
- attempt to gain unauthorized access to Need4More’s computer systems or 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;
- use any form of automated device or computer program that enables the submission of postings on Need4More 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.
NO SPAM POLICY
Need4More computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located within the United States. Any unauthorized use of Need4More 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. § 1030 et seq.), and all other state laws applicable to each infraction.
AD SUBMISSION RULES
The title you select for your Ad must be concise and limited to the specific goods offered for sale. You may not list multiple brands, makes, models or locations in the title of your Ad as a means to generate unwarranted search results.
You are responsible for the content of your Ad. All Ads must be for goods or services that are permitted under Federal and State law.
Dealers of all type that place Ads on Need4More must include their dealer number in the Ad as required by local law. "Dealers" includes automobile dealers, motorcycle dealers, ATV dealers, recreational vehicle dealers, snowmobile dealers, livestock dealers, realtors and brokers.
Businesses (defined as any entity that regularly offers goods or services for sale, regardless of whether operating from a store, a home or online) MUST select the "Business" option on the listing submission form.
You must wait at least fourteen (14) days before reposting an Ad for the same or substantially similar goods. You must delete your prior Ad before reposting.
Number of Ads
Except as authorized by Need4More in writing on a case-by-case basis, businesses (defined as any entity that regularly offers goods or services for sale, regardless of whether operating from a store, a home or online) are limited to five (5) Ads on the Site at any time. Individuals may post more than five (5) Ads on the Site at any time. Need4More may arbitrarily decide whether a person meets the “business” definition.
Ads placed in the Free category on the Site must be for goods that do not require a commitment or obligation of any type. Goods that are provided after sign-up or on completion of a task are not free and should not be placed in the Free category.
A working phone number is required to post.
Any person above the age of eighteen (18) is allowed one Need4More classifieds account. Any business is allowed one classified account. If an individual or business is using multiple accounts, all additional accounts and listings may be deleted. If your account is permanently banned, you may not create another account on Need4More.
Paying to List
Ad Price/Auction Ads.
Need4More does not allow auction classified listings, however, we do allow auction announcement listings. All auction announcement listings must have a "buy it now" price in the advertising listing price field. The "buy it now" price must be what the user is expected to pay for the item. The price field on each classified listing must be the total selling price of the item, this means the price a person is expected to pay at the time of purchase*.
You may list additional payment information (such as monthly payments allowed, etc...) in the classified listing detail field instead of bidding for the item at an auction. Classified listings without a reasonable total selling price will be deleted without notification.(*SERVICE ads do not require a price. All service advertisements or advertisements without a price must be posted in KSL Local.
All fees , including, but not limited to, featured-ad fees, advertising fees and other listing fees are non-refundable, in whole or in part, even if the Service is suspended, or canceled prior to the end of your monthly or annual plan.
For a trial version, if you do not cancel the Service before the Free Trial Period expires, and you have been informed that the Service will automatically be converted into a paid subscription at the end of the Free Trial Period, then you authorize Need4More to charge your credit card the applicable fees as indicated at the time you signed up for the Service.
Subscriptions automatically renew upon expiration. This means that unless you cancel your account or subscription prior to its expiration, your account will automatically renew for another year. At the time of renewal, your credit card will be charged the then-current fees to renew the Service.
Need4More 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 and delivery 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 Need4More is not responsible for any damage or loss incurred as a result of any such dealings. Need4More 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 Need4More, its officers, employees, agents and successors in rights from 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.
LIMITATION AND TERMINATION OF SERVICE
You acknowledge that Need4More may establish limits concerning use of the Service. You agree that Need4More has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Need4More reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Need4More shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Need4More 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 Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Need4More believes that you have acted inconsistently with these Terms.
Further, you agree that Need4More shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree, at your expense, to indemnify and hold Need4More, 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 TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Need4More, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF Need4More HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Need4More SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF Need4More TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO Need4More, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Need4More AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. Need4More, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER Need4More, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Need4More ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The TOU constitute the entire agreement between you and Need4More and govern your use of the Service, superceding any prior agreements between you and Need4More. The TOU and the relationship between you and Need4More shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and Need4More agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Davis, Utah. The failure of Need4More 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. . Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. 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.