Member & Listings Disclaimer
You
Agree to the FollowingThe
following is our disclaimer and listing agreement. To contact our legal
team, please contact us to get the name of a specific lawyer that would
best suit the topic or issue you wish to discuss. Please also see our
general disclaimer.
Posting
Guidelines
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Ads
flagged by users will be reviewed by staff before removal. |
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Bait
and switch tactics are prohibited. |
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You
may list inquires such as products and services that you are looking
for or wish to sell. You may also list job postings and other business
needs that you have. |
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All postings are subject to approval by NAASAS.
Please see our listings disclaimer
& guidelines. |
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You agree
not to post, email, or otherwise make available content:
a) that is
unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors
in any way;
b) 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;
c) 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.
d) 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.
e) that impersonates
any person or entity, including, but not limited to, a NAASAS
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.);
f) that includes
personal or identifying information about another person without
that person's explicit consent;
g) that is
false, deceptive, misleading, deceitful, misinformative, or constitutes
"bait and switch";
h) that infringes
any patent, mark, 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;
i) that advertises
any illegal service or the sale of any items the sale of which
is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated
by law.
j) 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;
k) 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
l) 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:
m) "stalk"
or otherwise harass anyone;
n) collect
personal data about other users for unlawful purposes;
o) use automated
means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - unless expressly
permitted by NAASAS;
p) 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;
q) post the
same item or service in more than one classified category or forum,
or in more than one metropolitan area;
r) attempt
to gain unauthorized access to NAASAS' 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 NAASAS website; or
s) use any
form of automated device or computer program that enables the
submission of postings on NAASAS 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.
t) use any
form of automated device or computer program ("flagging tool")
that enables the use of NAASAS' "flagging system" or other community
moderation systems without each flag being manually entered by
the person that initiates the flag (an "automated flagging device"),
or use the flagging tool to remove posts of competitors, or to
remove posts without a good faith belief that the post being flagged
violates these TOU;
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Acceptance
of Terms
NAASAS provides a collection of online resources, including
classified ads, forums, and various email services, (referred to hereafter
as "the Service") subject to the following Terms of Use ("TOU"). By
using the Service in any way, you are agreeing to comply with the TOU.
In addition, when using particular NAASAS services, you agree to abide
by any applicable posted guidelines for all NAASAS services, which may
change from time to time. Should you object to any term or condition
of the TOU, any guidelines, or any subsequent modifications thereto
or become dissatisfied with NAASAS in any way, your only recourse is
to immediately discontinue use of NAASAS. NAASAS has the right, but
is not obligated, to strictly enforce the TOU through self-help, community
moderation, active investigation, litigation and prosecution.
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall
become effective immediately upon the posting thereof. You must review
this agreement on a regular basis to keep yourself apprised of any changes.
No
Spam
You understand and agree that sending unsolicited email
advertisements to NAASAS email addresses or through NAASAS computer
systems, which is expressly prohibited by these Terms, will use or cause
to be used servers located in California. Any unauthorized use of NAASAS
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. ยง 1030 et seq.), Section 502 of the California Penal
Code and Section 17538.45 of the California Business and Professions
Code. Such violations may subject the sender and his or her agents to
civil and criminal penalties.
Termination
of Service
You agree that NAASAS, 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 NAASAS believes that you have
acted inconsistently with the letter or spirit of the TOU. Further,
you agree that NAASAS 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. Sections 2,
4, 6 and 10-16 shall survive termination of the TOU.
Proprietary
Rights
The Service is 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 NAASAS. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of NAASAS, 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. NAASAS is a registered mark in the U.S. Patent
and mark Office.
Although
NAASAS 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 NAASAS
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 NAASAS 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.
Disclaimer
of Warranties
YOU AGREE THAT USE OF THE NAASAS SITE AND THE SERVICE
IS ENTIRELY AT YOUR OWN RISK. THE NAASAS 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, NAASAS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NAASAS SITE AND THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, NAASAS DISCLAIMS ANY WARRANTIES
FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NAASAS
SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NAASAS
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NAASAS DISCLAIMS ANY WARRANTIES
FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NAASAS
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.
Limitations
of Liability
UNDER
NO CIRCUMSTANCES SHALL NAASAS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NAASAS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT
OF YOUR USE OF THE NAASAS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF THE NAASAS SITE OR THE SERVICE, FROM INABILITY
TO USE THE NAASAS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE NAASAS SITE OR THE SERVICE.
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 NAASAS SITE OR THE SERVICE OR ANY LINKS ON THE
NAASAS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE NAASAS SITE OR THE SERVICE
OR ANY LINKS ON THE NAASAS SITE. THESE LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations
of liability are not permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
Content
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of
the person 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
understand that NAASAS does not control, and is not responsible for
Content made available through the Service, and that by using the Service,
you may be exposed to Content that is offensive, indecent, inaccurate,
misleading, or otherwise objectionable.
Furthermore,
the NAASAS site and Content available through the Service may contain
links to other websites, which are completely independent of NAASAS.
NAASAS 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 webites is at your own risk. You agree that you
must evaluate, and bear all risks associated with, the use of any Content,
that you may not rely on said Content, and that under no circumstances
will NAASAS 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 or otherwise made available via the Service. You acknowledge
that NAASAS does not pre-screen or approve Content, but that NAASAS
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.
Third
Party Content
The NAASAS site and Content available through the Service
may contain features and functionalities that may link you or provide
you with access to third party content which is completely independent
of NAASAS, including web sites, directories, servers, networks, systems,
information and databases, applications, software, programs, products
or services, and the Internet as a whole. 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 NAASAS 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 NAASAS is under no
obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release NAASAS, 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.
If you are a California resident, you waive California Civil Code Section
1542, which says: "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."
Indemnity
You
agree to indemnify and hold NAASAS, 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.
Notification
of Claims of Infringement
If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please notify NAASAS' agent for
notice of claims of copyright or other intellectual property infringement
("Agent"), by contacting us.
Please
provide our Agent with the following Notice:
a)
Identify the material on the NAASAS site that you claim is infringing,
with enough detail so that we may locate it on the website;
b)
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
c)
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;
d)
Your address, telephone number, and email address; and
e)
Your physical or electronic signature. NAASAS will remove the infringing
posting(s), subject to the the procedures outlined in the Digital Millennium
Copyright Act (DMCA).
Confidentiality
Disclosure Statement
All of our communication may become part of a record,
which is accessible to you on request. We will keep confidential anything
you say to us, with the following exceptions-
A )
You direct us to tell someone else with written consent.
B ) We determine that you are a danger to yourself or others.
C ) We are ordered by a court order to disclose information.
D ) There is information provided that indicates child abuse/neglect
is occurring.
E ) We suspect that a minor may be attempting to order or viewing our
adult products.
Email
Confidentiality
We NEVER divulge our client's eMail addresses to anyone
for any reason and keep them private. We at NAASAS take personal privacy
very seriously. We also take great care in protecting our eMail addresses
and store them in a protected server that is quite secure and has the
latest in anti-hacker protection.
Should you sign
up for our newsletter and want to be removed from it, simply use the
link at the bottom of any of our newsletter eMails to remove your eMail
address instantly. Please note, we will NEVER ask you for sensitive
credit card information, etc. by eMail as that is not a secure way to
transfer that kind of information.
We Do Not Spam And
Will Take Legal Action Against False Spam Reports.
When you sign up for our newsletter, the subscriber agrees, by accepting
our eMail newsletter subscription, to indemnify the publisher against
false accusations of spam to include, but not limited to, payment of
all damages, loss of web hosting fees and services, all damages for
loss of business and goodwill, and any and all fees or fines that may
be imposed against the publisher by any federal, state, local authority
or civilian business entity as a result of the false spam accusation.
Violation
of Terms & Damages
Please report any
violations of the TOU, by flagging the posting(s) for review, or by
emailing to: abuse@NAASAS.com 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. You understand and agree that, because damages
are often difficult to quantify, if it becomes necessary for NAASAS
to pursue legal action to enforce these Terms, you will be liable to
pay NAASAS the following amounts as liquidated damages, which you accept
as reasonable estimates of NAASAS' damages for the specified breaches
of these Terms: a. If you post a message that
(1) impersonates
any person or entity;
(2) falsely states
or otherwise misrepresents your affiliation with a person or entity;
or
(3) that includes
personal or identifying information about another person without that
person's explicit consent, you agree to pay NAASAS one thousand dollars
($1,000) for each such message. This provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.
a. If NAASAS establishes
limits on the frequency with which you may access the Service, or terminates
your access to or use of the Service, you agree to pay NAASAS one hundred
dollars ($100) for each message posted in excess of such limits or for
each day on which you access NAASAS in excess of such limits, whichever
is higher.
b. If you send unsolicited
email advertisements to NAASAS email addresses or through NAASAS computer
systems, you agree to pay NAASAS twenty five dollars ($25) for each
such email.
c. If you post Content
in violation of the TOU, other than as described above, you agree to
pay NAASAS one hundred dollars ($100) for each Item of Content posted.
In its sole discretion, NAASAS may elect to issue a warning before assessing
damages.
d. If you are a
Posting Agent that uses the Service in violation of the TOU, in addition
to any liquidated damages under clause (d), you agree to pay NAASAS
one hundred dollars ($100) for each and every Item you post in violation
of the TOU. A Posting Agent will also be deemed an agent of the party
engaging the Posting Agent to access the Service (the "Principal"),
and the Principal (by engaging the Posting Agent in violation of the
TOU) agrees to pay NAASAS an additional one hundred dollars ($100) for
each Item posted by the Posting Agent on behalf of the Principal in
violation of the TOU. f. If you aggregate, display, copy, duplicate,
reproduce, or otherwise exploit for any purpose any Content (except
for your own Content) in violation of these Terms without NAASAS' express
written permission, you agree to pay NAASAS three thousand dollars ($3,000)
for each day on which you engage in such conduct. Otherwise, you agree
to pay NAASAS' actual damages, to the extent such actual damages can
be reasonably calculated. Notwithstanding any other provision of these
Terms, NAASAS retains the right to seek the remedy of specific performance
of any term contained in these Terms, or a preliminary or permanent
injunction against the breach of any such term or in aid of the exercise
of any power granted in these Terms, or any combination thereof.
Legal
Action
NAASAS is owned
and operated by Holistic Wisdom, Inc. Legal action brought against Holistic
Wisdom, Inc. shall be governed by the laws of the State of North Carolina
without regard to its conflict of law principles. You agree that the
sole jurisdiction and venue for any litigation arising from your use
of or orders made on the Holistic Wisdom, Inc. sites shall be an appropriate
federal or state court located in Buncombe County, NC.
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