Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Onix, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Onix provides services through its websites, programs and computer servers, including but not limited to classified advertising for used spas and hot tubs, and form based email transmission for questions related to such advertisements. (All such services are referred to collectively herein as "UsedSpaLot.com") By accessing or using UsedSpaLot.com, you are a "user" and you accept and agree to the terms below as a legal contract between you and Onix.
YOUR ACCESS TO, USE OF AND RELIANCE ON USEDSPALOT.COM AND CONTENT ACCESSED THROUGH USEDSPALOT.COM IS ENTIRELY AT YOUR OWN RISK. USEDSPALOT.COM (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, USEDSPALOT.COM ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF USEDSPALOT.COM AND CONTENT ACCESSED THROUGH USEDSPALOT.COM; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF USEDSPALOT.COM OR CONTENT ACCESSED THROUGH USEDSPALOT.COM; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF USEDSPALOT.COM OR CONTENT ACCESSED THROUGH USEDSPALOT.COM (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON USEDSPALOT.COM OR IN CONTENT).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
USEDSPALOT.COM AND THE USEDSPALOT.COM REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON USEDSPALOT.COM OR CONTENT ACCESSED THROUGH USEDSPALOT.COM BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO USEDSPALOT.COM OR CONTENT ACCESSED THROUGH USEDSPALOT.COM, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF USEDSPALOT.COM OR ANY USEDSPALOT.COM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF USEDSPALOT.COM OR CONTENT ACCESSED THROUGH USEDSPALOT.COM; ANY INABILITY TO ACCESS OR USE USEDSPALOT.COM OR CONTENT ACCESSED THROUGH USEDSPALOT.COM; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF USEDSPALOT.COM OR CONTENT ACCESSED THROUGH USEDSPALOT.COM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF USEDSPALOT.COM OR CONTENT ACCESSED THROUGH USEDSPALOT.COM (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON USEDSPALOT.COM AND LINKS IN CONTENT ACCESSED THROUGH USEDSPALOT.COM).
You hereby release UsedSpaLot.com and each of the UsedSpaLot.com Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to UsedSpaLot.com or content accessed through UsedSpaLot.com, or any interactions with others arising out of or related to UsedSpaLot.com or content accessed through UsedSpaLot.com, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Responsibility of Website Visitors
Onix has not reviewed, and cannot review, all of the material, including used hot tubs and spas, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Onix does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Onix disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Onix does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including used hot tubs and spas, made available through the websites and webpages to which UsedSpaLot.com links, and that link to UsedSpaLot.com. Onix does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Onix does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself. Onix disclaims any responsibility for any harm resulting from your use of websites and webpages.
This Agreement does not transfer from Onix to you any Onix or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Onix. Onix, UsedSpaLot.com, and all other trademarks, service marks, graphics and logos used in connection with UsedSpaLot.com, or the Website are trademarks or registered trademarks of Onix or Onix's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Onix or third-party trademarks.
Your UsedSpaLot.com Account and Postings
If you are granted an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Onix may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Onix liability. You must immediately notify Onix of any unauthorized uses of your account or any other breaches of security. Onix will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Onix reserves the right to display advertisements of any kind on UsedSpaLot.com.
Onix reserves the right to display attribution such as, but not limited to, ‘Used Spas at UsedSpaLot.com,' on the page of your website that uses UsedSpaLot.com's embedded version. Such Attributions may not be removed.
Responsibility of Sellers
If you operate an account, create, edit, or destroy Postings on the Website, including submission of forms, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account's name is not the name of a person other than yourself or company other than your own.
- By submitting Content to UsedSpaLot.com for inclusion on your Website, you grant Onix a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Onix will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Without limiting any of those representations or warranties, Onix has the right (though not the obligation) to, in Onix's sole discretion (i) refuse or remove any content that, in Onix's reasonable opinion, violates any Onix policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Onix's sole discretion. Onix will have no obligation to provide a refund of any amounts previously paid.
Portions of this document were generated in whole or in part from the policy documents at http://en.wordpress.com/tos/ and http://www.craigslist.org/about/terms.of.use. Onix and UsedSpaLot.com are in no way affiliated with these websites, companies, or documents.