2. MODIFICATIONS TO THIS AGREEMENT 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. You can find the most recent version of the TOU here.
3. CONTENT The content on our site is to the best of our knowledge up to date, authentic and factual in every respect and in no way misleading, or exaggerated.
4. THIRD PARTY CONTENT, SITES, AND SERVICES The CRAIGSFLAGGER PRO site and Content available through the Service may contain features and functionality that may link you or provide you with access to third party content which is completely independent of CRAIGSFLAGGER PRO, 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 CRAIGSFLAGGER PRO 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 and any third party, you understand and agree that CRAIGSFLAGGER PRO is under no obligation to become involved. In the event that you have a dispute with one or more other websites linked, you hereby release CRAIGSFLAGGER PRO, 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.
6. 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 CRAIGSFLAGGER PRO. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of CRAIGSFLAGGER PRO, 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. CRAIGSFLAGGER PRO is copyright protected.
7. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE CRAIGSFLAGGER PRO SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CRAIGSFLAGGER PRO 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, CRAIGSFLAGGER PRO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CRAIGSFLAGGER PRO SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAIGSFLAGGER PRO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CRAIGSFLAGGER PRO SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE CRAIGSFLAGGER PRO SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAIGSFLAGGER PRO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CRAIGSFLAGGER PRO 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.
8. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL CRAIGSFLAGGER PRO BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CRAIGSFLAGGER PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CRAIGSFLAGGER PRO SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CRAIGSFLAGGER PRO SITE OR THE SERVICE, FROM INABILITY TO USE THE CRAIGSFLAGGER PRO SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CRAIGSFLAGGER PRO 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 CRAIGSFLAGGER PRO SITE OR THE SERVICE OR ANY LINKS ON THE CRAIGSFLAGGER PRO SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CRAIGSFLAGGER PRO SITE OR THE SERVICE OR ANY LINKS ON THE CRAIGSFLAGGER PRO 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.
9. INDEMNITY You agree to indemnify and hold CRAIGSFLAGGER PRO, 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.
10. GENERAL INFORMATION The TOU constitute the entire agreement between you and CRAIGSFLAGGER PRO and govern your use of the Service, superseding any prior agreements between you and CRAIGSFLAGGER PRO. The TOU and the relationship between you and CRAIGSFLAGGER PRO shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and CRAIGSFLAGGER PRO agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New York, California. The failure of CRAIGSFLAGGER PRO 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.
12. VIOLATION OF TERMS AND LIQUIDATED DAMAGES You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for CRAIGSFLAGGER PRO to pursue legal action to enforce these Terms, you will be liable to pay CRAIGSFLAGGER PRO the following amounts as liquidated damages, which you accept as reasonable estimates of CRAIGSFLAGGER PROs’ damages for the specified breaches of these Terms: a. If you send unsolicited email advertisements to CRAIGSFLAGGER PRO email addresses or through CRAIGSFLAGGER PRO computer systems, you agree to pay CRAIGSFLAGGER PRO twenty five dollars ($250) for each such email. b. 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 CRAIGSFLAGGER PRO express written permission, you agree to pay CRAIGSFLAGGER PRO fifty thousand dollars ($50,000) for each day on which you engage in such conduct. Otherwise, you agree to pay CRAIGSFLAGGER PRO actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, CRAIGSFLAGGER PRO 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.
13. ENTITLEMENTS You are entitled to one license per purchase. One license per machine. You are also entitled to what is written in these terms, and further clarified in our members help section. As mentioned in above term #2, these may change at our sole discretion.
Software & Tutorials License: 1. GRANT OF LICENSE 1.1 Rights and Limitations of Grant. CRAIGSFLAGGER PRO hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE & or TUTORIALS, with the following limitations: 1.1.1 Rights. Customer may install one time only and use one copy only of the SOFTWARE & or TUTORIALS on a single computer, and may not otherwise copy the SOFTWARE & or TUTORIALS. This LICENSE of SOFTWARE & or TUTORIALS may not be shared or used on different computers. 1.2 Members may have ONLY 1 active membership account. 1.3 Our software due to its nature is sold by the successful download which is directly installed by our server. If you need to replace/reinstall it for any other reason than a Craigslist update, you are required to re-purchase the software. Discounts may be applied at the sole discretion of customer service.
2 Limitations. No Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code. No reverse engineering any part of our website whatsoever. No Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts. No Rental. Customer may not rent or lease the SOFTWARE to someone else.
3. TERMINATION This LICENSE will automatically terminate, membership will terminate, and software will be disabled if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts. Defensive Suspension. If Customer commences or participates in any legal proceeding against CRAIGSFLAGGER PRO, then CRAIGSFLAGGER PRO may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.
4. COPYRIGHT All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by CRAIGSFLAGGER PRO, or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions.
5. APPLICABLE LAW This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND CRAIGSFLAGGER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHERWHETHER EXPRESS OR, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE. , TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, you are solely responsible for determining and verifying that the SOFTWARE that you obtain and install is the appropriate version for your operating system. 6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRAIGSFLAGGER PRO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CRAIGSFLAGGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. MISCELLANEOUS If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of CRAIGSFLAGGER PRO. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Industry and Security or any export laws, restrictions or regulations.