This website located at www.posttree.com (this "Site") is being provided to your acceptance of the following User Agreement ("Agreement") which may be updated by PostTree from time to time. By becoming a Visitor or User (as defined herein) of the Site, you agree to be bound by the terms of this Agreement. You can review the most current version of this Agreement at any time at Terms of Service. When using a particular service or product offered on the Site you also may be subject to any posted guidelines, rules, terms of service, policies or other contractual provision as noted. In the event of a conflict between any other agreement, rule, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact us at info@posttree.com before using this Site. All references herein to "we" or "us" refer to Insider Pages.
2. Content
You understand that all postings, messages, text, files, banners, 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 all Content that you post, email or otherwise make available via the Service. You understand that PostTree 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 PostTree site and Content available through the Service may contain links to other websites, which are completely independent of PostTree. PostTree 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 websites 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 PostTree 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 PostTree does not pre-screen or approve Content, but that PostTree 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 Terms or for any other reason.
3. 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 PostTree membership has been suspended (temporarily or indefinitely) or permanently terminated. If you do not qualify, please do not use our advertisement section.
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 PostTree 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 PostTree's sole discretion, and that PostTree shall not be liable to you or any third-party for any termination of Your Account or your access to our Services.
4. Fees and Charges
Our Fees and Credits Policy ("Fee Policy") can be viewed at Advertisement section. Unless otherwise stated, all fees are quoted in U.S. Dollars. You agree that you are responsible for paying all fees associated with Your Account.
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. Other changes to the Fee Policy will be effective once we post a notice regarding those changes on our Announcement Board.
5. Feedback
PostTree collects feedback from users regarding the classified posting posted by other users. PostTree does not screen or otherwise review the truthfulness or accuracy of any user feedback. You may not take any action that may undermine the integrity of the feedback system. We may limit the number of listings you may place on the Site, or may suspend or terminate the posting, based upon negative feedback you have received.
6. Listing Restrictions
PostTree prohibits the classified posting under any applicable law, statute, ordinance, or regulation. It is your responsibility to sell only legal goods, authorized posting and services and you must make sure that what you list 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 posttree.com include but are not limited to:
Academic, Beta or OEM Software
Copyright or Trademark
Counterfeit or Knock-Off Goods (including currency)
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
Weapons & Ammunition
The sale of alcohol to persons not of lawful age
The sale of tobacco products to persons not of lawful age
All adult-oriented products or services, or listings must be posted only under the adults section. Postings which violates these terms will be terminated and may incur heavy penalty. This applies to Advertisement listings also.
7. 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 PostTree 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 PostTree's prior written permission.
8. Anti-Spam Policy
PostTree specifically does not authorize the use of its proprietary computers, servers, routers and computer network to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to PostTree subscribers (or to others). It is also a violation of PostTree policy, and the law, to send or cause to be sent to, or through, PostTree Network email that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing. PostTree considers such email to be unlawful and a violation of our policy, and any attempt to send or cause such email to be sent to, or through, PostTree Network is unauthorized. Moreover, any email relayed from a third party's mail servers without the permission of that third party, or any email that hides or obscures, or attempts to hide or obscure, the source of an email also constitutes an unauthorized use of the PostTree Network. Email sent or caused to be sent to the PostTree Network that violates your agreement with PostTree is also unauthorized. Nor does PostTree authorize the harvesting or collection of screen names from PostTree website for the purpose of sending unsolicited email. Any such action also constitutes violation of PostTree policy.
PostTree strongly opposes Advertisement SPAMMING, which floods the homepage with sponsor ads and banner ads and deteriorates the performance and availability of our service. Therefore, only 2 ads (1 sponsor ad and 1 banner ad) are allowed per user.
9. 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. POSTTREE 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. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
POSTTREE 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 POSTTREE 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 POSTTREE OR THROUGH OR FROM THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL POSTTREE 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 LIVEDEAL 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 POSTTREE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CON DUCT 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.
11. Indemnity
You agree to defend, indemnify and hold PostTree 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.
12. Notice
Any notices given pursuant to this Agreement that are directed to PostTree shall be given by postal mail to:PostTree, 1947 E Huntington Dr., Suite B, Duarte, CA 91010, Attn: Legal. Any notice from PostTree that is directed to you shall be delivered to the mailing address or email address you provided us at the time of Registration, or as you may update that information from time to time. Notice shall be deemed given twenty four (24) hours after email is sent or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. PostTree may also give notice of changes to this Agreement or other matters related to PostTree by displaying notices on our Announcement Board.
13. General
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, as if formed by and between California residents. You and PostTree agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, California. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section of this Agreement. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. PostTree's 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 and PostTree are independent. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. You agree that, except as expressly provided herein, there shall be no third party beneficiaries to this Agreement.
