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Terms Of Service

THE FOLLOWING DESCRIBES THE TERMS ON WHICH BIG HORN BASIN CLASSIFIEDS OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OUR WEB SITE AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

Welcome to Big Horn Basin Classifieds ("BHBC"). BHBC brings to you a new and exciting way to buy and sell within "Your Local Marketplace." You can Buy, Sell, Rent, Connect and have fun all within your Local Community. Our service is based upon trust, and this User Agreement (the "Agreement") helps to promote trust between you and other members of the Big Horn Basin Classifieds community.

When accessing the pages or the information contained on the BHBC web site, http://www.bighornbasinclassifieds.com/index.cfm ("the Site" or "our Site"), or by using the BHBC services (the "Services") in any manner, you must adhere to the terms of this Agreement. When using particular BHBC Services, you may also be subject to additional guidelines or rules which we may post from time to time. In addition, if you arrive at our Site through any of our partners' or affiliate web sites, you may also be subject to the terms and conditions of that web site. All such guidelines and rules are hereby incorporated by reference into this Agreement. If you do not agree to the terms of this Agreement, please exit the Site immediately, and cease all use of our Services.

You may review a current version of this Agreement at any time by clicking on the Terms of Service link at the top or bottom of any page of the Site.

  1. Modifications of Terms: We reserve the right to make changes to this Agreement, or the guidelines or rules incorporated herein, at any time, and will notify you of any such changes by posting a notice on the General Announcements section on the first page when you login to your account. In addition, we may notify you directly (via email) of such changes. Your continued use of our Site will signify your acceptance of any revised terms to this Agreement. Therefore, you should regularly visit this page to make yourself familiar with our current Agreement. This Agreement may not otherwise be amended, except in writing, by both you and BHBC. Unless otherwise stated, all amended terms to this Agreement shall be effective immediately once notice of those changes is posted on our Site.
  2. Membership / Access Eligibility: Our Services are available only to, and may be used only by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to children (persons under the age of 18) unless their use of our Services is in conjunction with and under the supervision of a parent or legal guardian. Further, our Services are not available to any person whose BHBC membership has been suspended (temporarily or indefinitely) or permanently terminated. If you do not qualify, please do not use our Site.

If you are using the Site or our Services on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement.

You agree that BHBC may, under certain circumstances and without prior notice, immediately terminate Your Account, and your access to our Services. Cause for termination shall include, but not be limited to, (a) breach of this Agreement or other guidelines or rules incorporated herein, (b) request by law enforcement or other government agencies, (c) request by you, (d) discontinuance or material modification to our Services (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. You agree that any termination shall be at BHBC's sole discretion, and that BHBC shall not be liable to you or any third-party for any termination of Your Account or your access to our Services.

  1. Registration / Your Account: You may browse the Site for free and without registering. However, you must register as a member ("Registration") to post an ad on our Site. During Registration you will be asked to create an account consisting of an Email and Password ("Your Account") to identify yourself in future visits to the Site. It is YOUR responsibility to maintain the confidentiality of your Email and Password and you agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account to any third party.

    PLEASE NOTE: You must provide accurate and current information to us. If you provide any information that is false, misleading, inaccurate, not current or incomplete during Registration or otherwise, BHBC may suspend (temporarily or indefinitely) or permanently terminate Your Account and refuse any and all current or future use of the Site and our Services (or any portion thereof). Without limiting any other remedies, BHBC has the right to suspend (temporarily or indefinitely) or permanently terminate Your Account if we suspect that you have engaged in any fraudulent activity through the Site.
  2. Ownership of Data: BHBC takes privacy seriously and your personal information is never shared with third parties.

    We reserve the right to change, suspend or discontinue the fees due for our Services at any time in our sole discretion. Temporary changes to our fees (for example, discounts or free promotional offers) will be effective when we post information about such promotional events on our Site.
  3. BHBC is Only a Venue: Our Site acts as an open marketplace for users to buy, sell, rent and negotiate the purchase and sale of goods and services with other users. BHBC provides only a service and is not involved in any transaction between buyers and sellers who use our Site and Services and does not handle any goods physically. Based on same basic online verification, BHBC may identify some accounts as verified or unverified; however, we do not confirm the identity of our users, nor the accuracy of any listings posted on the Site. As a result, BHBC does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, BHBC does not guarantee the ability or intent of users to fulfill their obligations in any transactions. You are solely responsible for assessing the truthfulness of any buyer or seller with whom you deal, and for evaluating the accuracy of any listing posted on the Site.? You agree that BHBC has no liability for any misrepresentation, incomplete statement or failure to disclose by any user, or for any claims arising from a transaction initiated through the Site.
  4. Safe Trading: Because user authentication on the Internet is difficult, BHBC cannot and does not confirm each user's purported identity. We therefore encourage you to take all steps you believe are appropriate (including, where possible, meeting in person) to confirm the accuracy of any listing posted on the Site, and the identify of any buyer or seller with whom you deal.
  5. Selling / Posting: You must have the legal authority to sell, rent or provide the goods and services that you are listing on our Site. You must accurately describe your item and all terms of transaction in your listing. Any listed item which is an imitation, replica, or facsimile must use the terms "imitation" or "replica" in both the title and description of the listing. Your listing title and description should never confuse buyers as to the authenticity of the item. In addition, if your item is pictured with a trademarked logo, it must be produced by that company. Images of authentic items are not permitted when selling replicas. Your pictures must be of the item you are selling. In short, be up front about the nature of the goods you are selling, and make sure your listing title is not confusing to buyers.

  6. Buyer Contacting a Seller or Poster: As a potential buyer, you agree to contact the seller or poster on BHBC only if you are interested in the posting. You agree not to contact the poster for any other reason including to conduct any spam or fraudulent activity. 
  7. User Information: "User Information" is defined as any and all information or data you provide to BHBC or other users during the Registration, post, sale, buy or any other process, and through any interactive feature of the system, including email. You represent and warrant that your User Information (i) is not false, inaccurate, incomplete or misleading; (ii) is not fraudulent and does not involve the sale of illegal, counterfeit or stolen items; (iii) does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (vi) is not obscene and does not contain child pornography; (vii) does not contain any viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) does not create liability for BHBC nor cause BHBC to lose (in whole or in part) the services of our ISPs or other suppliers.
  8. Limited License: You agree to grant and hereby do grant BHBC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right and license to exercise all copyright, publicity and database rights you have, in any existing or future media, known or unknown, in your User Information, provided, however, that BHBC will at all times comply with its Privacy Policy.
  9. Use Restrictions: Our Site and Services may be used only for lawful purposes. You may not use the Site or our Services to transmit, post, distribute or store any material or conduct any activities in violation of any applicable local, state, provincial, federal or foreign law or regulation. This includes without limitation any unauthorized use or distribution of material protected by patent, copyright, trademark or other intellectual property right, or the sale or distribution of material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity or violates export control laws. You agree to comply with any applicable laws, statutes, ordinances and regulations in your use of the Site and our Services.
  10. Listing Restrictions: BHBC prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation. It is your responsibility to sell only legal goods and services and you must make sure that what you list for sale on the Site is legal and conforms to all the legal requirements of your local, state, provincial, federal or foreign law and regulations. Items prohibited or restricted for posting on bighornbasinclassifieds.com include but are not limited to:

    • Academic, Beta or OEM Software
    • Copyright or Trademark-Sensitive Goods
    • Counterfeit or Knock-Off Goods (including currency & stamps)
    • Fireworks, Explosives, & Hazardous Materials
    • Goods Made From Protected Animal/Plant Species
    • Government IDs
    • Hacking/Surveillance/Interception/Descrambling Equipment
    • Human Parts, Bodily Fluids & Human Remains
    • Illegal Drugs, Drug Paraphernalia, Steroids, & Other Controlled Substances
    • Individual Contracts or Non-Transferable Items
    • Items Subject to Embargo
    • Offensive Material (items that promote hatred, violence, racism, or intolerance)
    • Police-Related Items
    • Prescription/OTC Drugs & Medical Devices
    • Recalled Items
    • Stocks, Bonds & Securities
    • Stolen Property or Items Used For Theft 
    • The sale of alcohol to persons not of lawful age
    • The sale of tobacco products to persons not of lawful age

BHBC prohibits the listing of any adult-oriented products or services, or listings which solicit directly or indirectly sexually-oriented services, or sexually-explicit content.

  1. Content Policy: You agree not to post any Offensive Content on the Site or post any links or URL's (web addresses) to sites containing Offensive Content. "Offensive Content" includes, without limitation, words, images, sounds or other content which: (i) is profane, obscene or involves child pornography; (ii) denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender; (iii) depicts violent or criminal acts, perpetrators or victims of violence or crime, or seeks to incite violence or crime; (iv) relates or pertains to any "hate group," i.e., groups that are organized in part to promote the oppression of or assert the supremacy of any class of people; or (v) contains defamatory or libelous statements or unlawfully disparaging remarks or threats.
  2. Screening: BHBC may employ automated filters and/or manual reviews to screen listings and content, either before those listings and/or content are posted on the Site or at any time thereafter. In the event that BHBC, in its sole discretion, determines that any listing offers for sale any illegal item or service, that any content is Offensive Content, or that any listing or content is otherwise objectionable, BHBC may refuse to post such listing or content, or may remove such listing or content from the Site. Further, BHBC may suspend (temporarily or indefinitely) or permanently terminate Your Account due to improper listings or posts.
  3. Intellectual Property and Rights of Publicity: You agree not to use the Site in any manner which violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of BHBC or any third party. You agree not to link to any third party's web site or file on that web site without that party's permission. You agree that you will not use any automatic or manual process to monitor or copy any portion of the Site without BHBC's prior written permission.
  4. Release: You agree that BHBC is not a party to any negotiations or transactions between the buyers and sellers who use its Site.
  5. DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. BHBC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES. 

    BHBC MAKES NO WARRANTY THAT THE SITE OR OUR SERVICES WILL SATISFY YOUR REQUIREMENTS, OR THAT THE AVAILABILITY OF THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES BHBC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE OR OUR SERVICES.

    YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SITE OR OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BHBC OR THROUGH OR FROM THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
  6. LIMITATION OF LIABILITY: IN NO EVENT SHALL BHBC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OR LOSS OF DATA, INFORMATION OR MESSAGES TRANSMITTED THROUGH THE SITE OR OUR SERVICES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR OUR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR INFORMATION, EVEN IF BHBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL BHBC BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE OR OUR SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
  7. Indemnity: You agree to defend, indemnify and hold BHBC and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless from and against any and all claims made by or liabilities to any third party resulting from any activities conducted under Your Account, your use or misuse of the Site or our Services, including, but not limited to, posting content on the Site, entering into transactions with other Site users, contacting others as a result of their posting(s) on the Site, infringing a third party's intellectual property or other rights, failing to deliver goods or payment to other Site users or otherwise arising out of your breach of this Agreement. 

In addition, other rules and guidelines posted throughout the Site may govern your activities and use of our Services

 
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