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Updated May 11, 2018
This Website Terms is entered into between you and ACODAWEB LLC, its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) (hereinafter referred to as “AcodaWeb”, “we” or “us”), with a principal place of business at 103 Lawrence Street, Lowell MA, USA. Notwithstanding any language in the Website Terms to the contrary, the Website Terms have the same effect as an agreement in writing and govern your use of this site and its content, your engagement of AcodaWeb’s services, your request that AcodaWeb contact you about its services, and/or your participation in AcodaWeb’s sales / reward program and services.
The Site reserves the right to change the Terms at any time and for any reason. Updated versions of the Terms will be posted to the Site at AcodaWeb and you should visit this page periodically to keep apprised of any changes. By continuing to use the Site after any such change, you accept and agree to the modified Terms. The Site reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits (including without limitation blocking or terminating your Account), rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site.
OVERVIEW / KEY TERMINOLOGIES
AcodaWeb provides an electronic web-based platform for transacting and exchanging information between buyers and sellers of products and services. The Website contains features that enable Users to do, among other things. We may add, delete or modify some or all of such Services at any time at our sole discretion, with reasonable notice posted in advance on the Web site. Capitalized terminologies used in these Terms have the following meanings:
“Account” means the account created by the Web site upon registration.
“Buyers” are users who purchase services on AcodaWeb.
“Digital or Intangible Products or services” are goods that cannot be shipped to buyers destination, but can only be downloaded from our website or the email you provided at the time of placing order.
“Dispute Resolution Service” means the service described below.
“Sellers” are users who offer products or perform services on AcodaWeb.
“Sellers Page” is where the seller can describe their service or products including terms, which will enable buyers to create an order.
“Orders” are the formal agreement between a buyer and seller after a purchase was made from the seller’s Gig Page.
“Order Page” is where users communicate with each other in connection with an order.
“Disputes” are disagreements experienced during an order between a buyer and seller on AcodaWeb.
“Revenue” is the money sellers earn from completed orders.
“Sales Balance” is cleared revenue from completed orders for sellers to withdraw or use to purchase Gigs.
“Services” means, collectively, the AcodaWeb Billing and Payment Service, the Dispute Resolution Service.
“Service Fee” is a percentage collected for using the website to buy products. The fee is strictly for website maintenance.
“Shopping Balance” is shopping credit collected from cancelled orders or AcodaWeb promotions to be used for purchasing.
“Tangible Goods” are those goods that can be shipped to the buyers location or destination
“Users” will mean Freelancers, Shippers, Transporters and Manufacturers.
GENERAL USE /ACCESS OF SERVICES
Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
Use of Materials: Any ads or messages that you post, transmit, or otherwise make available for viewing on public areas of the Site will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by the Site or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant the Site (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
User Conduct: You agree, undertake and confirm that your use of AcodaWeb shall be strictly governed by the following binding principles. AcodaWeb provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of advertising, carrying out shopping and individual transactions with the Website. Any other use of the Website or the Materials is rigorously prohibited. Without limitation, you agree to refrain from the following actions while using the Site:
- Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
- Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
- Posting advertising or solicitation in categories that is not appropriate, or posting the same item or service in more than one category or more than once every 7 days, or posting the same ad in multiple cities on the Site;
- (a) 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; (b) Posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in the sole discretion of Acodaweb.com; (c) Posting any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for money or other valuable consideration; (d) Posting any material on the Site that exploits minors in any way; (e) Posting any material on the Site that in any way constitutes or assists in human trafficking.
- Posting any ad for products or services, use or sale of which is prohibited by any law or regulation;
- Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the Site unless the user has granted permission in their ad or otherwise allowed contact for solicitation;
- Deleting or revising any material posted by any other user;
- Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
- Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site unless expressly permitted by the Site;
- Taking any action creating a disproportionately large usage load on the Site unless expressly permitted by the Site:
- Sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
- Gaining or attempting to gain unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
- Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
- Posting any employment ads violating the anti-discrimination provisions of the Immigration and Nationality Act or messages which violate any law or regulation;
- Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.
- Posting free ads promoting links to commercial services or web sites except in areas of the Site where such ads are expressly permitted;
- Posting any material advertising weapons the use, carrying, or advertising of which is prohibited by applicable federal, state, or local law.
You are solely responsible for complying with any and all laws and/or regulations applicable to the transfer of firearms under both applicable local, state and federal laws. The transfer of firearms is heavily regulated and restricted, and failure to strictly comply with all such laws is a serious crime and may result in criminal prosecution. All transfers of firearms, whether by sale, lease or loan, including private transactions, must go through a licensed firearms dealer. Any exception to these laws, such as air guns, knives, accessories, certain antiques, and some gun parts that may not require transfer by a licensed dealer, should be first confirmed by you prior to purchase. It is your responsibility to comply with all such laws, including any and all city, county, state and Federal laws when accessing or using this site. It is also your responsibility to locate one or more licensed firearm dealers in your area and/or the area of any buyer or seller listing here who are able and willing to assist you with any such transfer. We do not offer any assistance with respect to locating a licensed dealer for your transaction or otherwise with respect to your transaction. By listing any firearm, you represent and warrant to us that you legally own and possess the item you wish to list here and have fully complied with and will continue to fully comply with all laws and regulations applicable to your listing, transfer and/or sale. By agreeing to purchase any firearm, you represent and warrant to us that you are of legal age, and are not otherwise prohibited by law from purchasing, transferring, owning, or possessing the firearm listed, and that you have fully complied with and will continue to fully comply with all laws and regulations applicable to your transfer or purchase;
Please report any violations of these Terms to: email@example.com. You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site.
Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
AcodaWeb reserves the right, but shall not be obliged to:
- monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
- prevent or restrict access of any Customer to the Platform and/or the Services;
- report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
- to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
Though registration is not compulsory to use the Service or access to the Site, if you choose to register, you must complete the registration process. If you choose to register, you must submit a valid e-mail address and select a username and password during the registration process and be at least 18 years of age. 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 AcodaWeb immediately of any unauthorized use of your account.
AcodaWeb 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 concur that all listings, messages, text, files, images, photos, 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. You also understand that AcodaWeb 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. Please see our Content Policies page for complete details.
Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of AcodaWeb. AcodaWeb makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will AcodaWeb 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.
You Concur and agree that any uploading or posting will be at your sole risk and AcodaWeb shall not be responsible to you in any way. Further, AcodaWeb 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 AcodaWeb 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 AcodaWeb 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 also understand and agree that AcodaWeb, in its sole discretion, may delete any Content for any reason.
BUYERS AND SELLERS TIPS
AcodaWeb gives buyers and sellers the platform to sell both tangible and intangible goods in different forms. When it comes to intangible goods, sellers are to deliver to the buyers, and buyers are to visit their email account to download the product files. In order for sellers to sell downloadable products and product services, they are to check the downloadable and virtual boxes in their dashboards.
Buyers and Sellers who sells or intends to sell downloadable products and product services on the platform should always feel free to be a member on our powerful forum designed to handle ongoing product services FAQs.
THIRD PARTY VENDORS
You acknowledge that parties other than AcodaWeb (i.e. Third Party-Vendors or Sellers) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by AcodaWeb or a Third-Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third-Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third-Party Vendor and the Customer
USER SUBMISSIONS, REVIEWS AND COMMENTS
Otherwise provided somewhere else in this Agreement or on the Site, anything that you submit or post to the Site and/or provide AcodaWeb, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions“) is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to AcodaWeb without charge and AcodaWeb shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of AcodaWeb and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by AcodaWeb in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. AcodaWeb assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant AcodaWeb the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by AcodaWeb will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead AcodaWeb or third parties as to the origin of any Submissions or Content. AcodaWeb may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
INFORMATION AVAILABLE ON WEBSITE
You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
POSTING OF ADS
You understand that each time you post an ad on this Site or otherwise use the Site, you agree to these Terms. By agreeing to these Terms, you acknowledge that the Site may send you e-mail messages telling you about products and services offered by the Site (or its affiliates and partners) You understand and agree that such communications are part and parcel of your registration for and use of the Site; if you do not wish to receive further communications from the Site (or its affiliates and partners), you must cancel your registration by sending a cancellation notice to firstname.lastname@example.org. If you choose to receive mobile notifications concerning any ad, you agree that we may send automated text messages to your mobile phone. If you do not wish to receive such text messages, you should not accept the mobile notifications option. We will not send you any marketing or advertising by text messages. Message and data rates may apply for mobile notifications.
The Site may impose a fee on the posting of Content in certain areas of the Site. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms. Under no circumstances will the Site provide a refund in the event that Content is removed from fee-based areas for violation of these Terms.
ACCESSIBILITY OF WEBSITE
Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
LINKS AND THIRD PARTY WEBSITES
We may include links to third party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to AcodaWeb email addresses or through AcodaWeb computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in USA. Any unauthorized use of AcodaWeb 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.),.
COPYRIGHT AND TRADEMARKS
All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
In posting content on the Site, you grant the Site, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.
INTELLECTUAL PROPERTY /OWNERSHIP
All right, title and interest in and to the Site and the Service are and will remain the exclusive property of AcodaWeb and its licensors. “AcodaWeb LLC.”, and AcodaWeb logos, icons and other marks identifying AcodaWeb services or products are trademarks of AcodaWeb and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without AcodaWeb’s express written authorization. All rights not expressly granted in these Terms are reserved to AcodaWeb.
AcodaWeb respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. 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 notify us at email@example.com. Filing a notice of infringement with AcodaWeb requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the US Copyright Office web site.
INTELLECTUAL PROPERTY INFRINGEMENT POLICY
It is the policy of AcodaWeb to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that AcodaWeb sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, send the following information below in its entirety to our physical address: ACODAWEB LLC. – 1500 District Ave, Ma, 01803 USA.
- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
- A description of the allegedly infringing work or material;
- A description of where the allegedly infringing material is located on the site (product(s) URL);
- Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
- Identification of the intellectual property rights that you claim are infringed by the Website(e.g. “XYZ copyright”, “ABC trademark, Reg. No. 123456, registered 1/1/04”,etc);
- A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
NO THIRD PARTY BENEFICIARIES
DEALINGS WITH ORGANIZATIONS OR INDIVIDUALS
AcodaWeb 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 AcodaWeb is not responsible for any damage or loss incurred as a result of any such dealings. AcodaWeb 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 AcodaWeb, 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.
If you are a California resident, you waive California Civil Code Section 1542, which states: “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.”
Please note that the price quoted for each item on the Site should be regarded as an invitation for offer and should not be regarded as an offer. Your order is an offer for purchase, which will be accepted when AcodaWeb confirms your order. There may be certain orders that we are unable to accept and must cancel. AcodaWeb reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
TRANSFER OF TITLE
Title to the products in your order will be transferred to you when the products leave our warehouse and are delivered to the carrier for shipment to an address designated by you in the order. All liabilities and risks to the products will also be transferred to you at that time. By placing an order on this Site, you authorize LIGHT IN THE BOX LIMITED to engage third party shipping services on your behalf.
While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error. Also note that the products may be tangible (physically shippable), and Intangible (digital or downloadable).
PRICES OF PRODUCTS
All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
CORRECTION OF ERRORS
Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
AcodaWeb understands the need for discounts. We enable sellers offer discounts for some of the items available. AcodaWeb uses coupons for to enable buyer get discounts from the seller. Just contact the seller for a coupon, and they will provide you with it which is a great way to save lots of money.
The term shipping includes the start of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. We reserve the right to redirect your shipment at any time prior to delivery, should we deem it necessary. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
For certain orders through the Site or the AcodaWeb Marketplace, you hereby authorize an approved customs broker to act as your agent, and to transact business with US Customs and Border Protection to obtain release of merchandise, account for duties and taxes, return merchandise, and electronically submit refund claims on your behalf.
Note: For all items ordered within the country, there will be free shipping for all physical goods on orders over $30 and weighs less than 15 Pounds. Any ordered item below $30 has a shipping fee applied. But all orders across the country, Buyer pays the shipping fee with item price. Shipping of items above 200 pounds is opened for negotiation between buyer and seller. Finally, AcodaWeb will not support continental orders that weighs above 200 pounds, as the cost of shipping in this range is high and even regulated by the law.
ACODAWEB’S DIGITAL PRODUCTS CONDITIONS
We provide downloadable products such as mobile applications, exclusive deal offerings, graphics, and other information or data via the internet, Push Notifications, SMS, MMS, WAP, BREW and other means of content delivery. In order to use the service (“Service”), you must have an internet data communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Service available, as well as any carrier services necessary to download content, and pay any service fees associated with any such access. In addition, you must provide compatible, functioning equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device. You are responsible for ensuring that your equipment and/or software are compatible with and do not disturb or interfere with the Service or carrier operations. Any equipment or software causing interference or creating unreasonable inefficiencies within the Service and/or placing an undue burden or load on the infrastructure or operation of the Service may be immediately disconnected from the Service and we shall have the right to immediately terminate your subscription. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense if you desire to maintain your access to the Service. Unless explicitly stated otherwise, any new or additional features that we release to augment or enhance the current Service, including the release of new products and/or services shall be subject to these conditions.
RISK OF LOSS
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
LIMITATION & TERMINATION OF SERVICE
You acknowledge that AcodaWeb may establish limits concerning use of the Service. You agree that AcodaWeb has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that AcodaWeb reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that AcodaWeb shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that AcodaWeb 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 AcodaWeb believes that you have acted inconsistently with these Terms. Further, you agree that AcodaWeb 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.
PRIVACY & INFORMATION DISCLOSURE
You further acknowledge that AcodaWeb may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of AcodaWeb , its users or the general public..
The Site assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Site is the responsibility of the person or persons posting the message. Any user who violates the Terms may be permanently banned from posting ads or using the Site. You understand that all postings, ads, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively “Content“) posted on, transmitted through, or linked from the Site, are solely the responsibility of the person from whom such Content originated. You understand that the Site does not control, and is not responsible for Content available on the Site. You agree that the Site does not pre-screen, monitor or approve any Content, but that the Site shall have the right, but not the obligation to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit or delete any Content for any reason whatsoever. The Site shall not be responsible for any interaction between you and the other users of the Site. Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Site is under no obligation to become involved in any disputes between you and other users of the Site or between you and any other third parties.
You agree that our service is a venue for posters and users of the Site. In the event that you have a dispute with any user of the Site, you agree that the Site is under no obligation to become involved. You further agree to release the Site from any and all claims, demands, and damages arising out of or in connection with such dispute.
You are entirely responsible and liable for any ad content you post or any ad that is posted through your Account.
The Site does not offer any refunds for the early cancellation of paid sponsor ads or paid print ads. We do not issue credits or refunds due to our extremely low rates and minimal administrative staff.
You acknowledge, consent and agree that the Site may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Site, its users and the public.
DISCLAIMER OF WARRANTIES FOR SITE:
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE CLASSIFIEDS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT IT’S CLASSIFIEDS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.
IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES“) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE’S ACTIVITIES.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
JURISDICTION AND CHOICE OF LAW
These Terms shall be governed by, construed and enforced in accordance with the laws of United States of America without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in the US, and you expressly consent to the jurisdiction of said courts. You also 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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms to: firstname.lastname@example.org.
SEVERANCE AND WAIVER
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms 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.
The Site’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms of Sale to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms of Sale to any third party.
Please send any questions, suggestions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to our physical office address:
Physical Address: 103 Lawrence Street, Lowell Ma, 01852, USA
Mobile: 781 996-0649
Updated May 11, 2018