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1. Please understand that
ads currently run for a period of 30 days with the exception
of Real Estate Ads. Real Estate
Ads currently run for 90 days. This is subject to change
at any time.
2. Buying and selling through GoFLO
is available only to individuals who can form legally
binding contracts under applicable law. This excludes
in all cases minors (persons who have not reached their
eighteenth birthday).
3. GoFLO reserves the right to modify
the Terms of Service at any time and without prior notice
to its Users. We may add to, change, delete or end our
or Your use of our service at any time. The service
may be temporarily unavailable from time to time for
maintenance or other reasons out of our control.
4. GoFLO is not involved in any transaction
between any party who uses our site. There are risks
which You assume when dealing with people who might
be acting under false pretenses; all of these risks
are borne by You . We are a venue only and do not screen
or censor or otherwise control the listings offered
to other Users, nor does GoFLO screen or censor or otherwise
control the Users of its service. GoFLO can not and
does not control the behavior of the participants on
this site. We can not control whether or not Users of
GoFLO will complete the transactions they describe on
our site.
IT IS EXTREMELY IMPORTANT THAT YOU
USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE
ON THIS SITE!
GoFLO does not assume responsibility
for the content or context of the User comment areas
and will not remove or edit postings to the public comments
areas once they are entered into the service, except
to expire records or in our sole discretion.
5. If there is a dispute between participants
on this site, GoFLO is under no obligation to become
involved. In the event that You have a dispute with
one or more Users, You hereby release, GoFLO, their
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.”
6. The GoFLO service may be used only
for lawful purposes. Transmission, distribution or storage
of material or conduct in violation of any applicable
local, state, federal or foreign law or regulation is
prohibited. This includes without limitation any unauthorized
use of material protected by patent, copyright, trademark
or other intellectual property right, material that
is obscene, defamatory or libelous, constitutes an illegal
threat, or violates rights of privacy or publicity,
or violates export control laws. You may use the information
on our site only to the extent necessary to facilitate
GoFLO related transactions.
7. GoFLO prohibits the transmission,
distribution or posting of unwanted or offensive content.
Prohibited transmissions include without limitation,
profane or sexually explicit advertisements that include
masking or misspelling the words, or images that would
be illegal in any jurisdiction. It is Your responsibility,
and You agree to comply with all requirements, legal
or other. Additional prohibitions include misleading
offers that do not list the total purchase price or
a “bait & switch” of products, advertisements
listed in the incorrect category, and duplicate listings
that contain more than 60% of the same characters, regardless
of category, U.R.L. (Universal Resource Locator) or
hyperlinks within an advertisement or image, the sale
or distribution of firearms, weapons or controlled substances,
make-money fast schemes, pyramid or chain letters, fraudulent
or criminal offers including but not limited to registering
another email address other than Your own, any posting
with the goal of harassment of another, sexual requests
from or for a minor, racial slurs or comments, harassment,
placing a fraudulent ad, unsolicited advertising (whether
commercial or informational) and unsolicited email or
advertisements including, but not limited to adult or
dating services placing advertisements (“SPAM”).
Further, GoFLO prohibits the transmission, distribution
or posting of any matter which discloses personal or
private information concerning any person or entity,
including without limitation phone number(s) or addresses,
credit debit cards, calling card, User account numbers/
passwords or similar financial information, and home
phone numbers or addresses. Even though all of this
is strictly prohibited, there is a small chance that
You might become exposed to such items and You further
waive Your right to any damages (from any party) related
to such exposure.
8. GoFLO prohibits the listing or sale
of the following goods for any reason, including but
not limited to any item that is illegal to sell under
any applicable law, statute, ordinance or regulation
including the following: Food (other than packaged food
meeting all applicable federal state and local standards
for sale to consumers by commercial merchants) Alcoholic
beverages (except if You are reselling an alcoholic
beverage that was initially purchased from a retailer
and it still in its original container and it is legal
to deliver to the buyer and into the jurisdiction where
the buyer is) Cigarettes or any other tobacco product
for human consumption Pharmaceuticals or any other controlled
substance dangerous, counterfeit or stolen goods which
do not actually exist. Any good that infringes or violates
anyone’s rights, any item which in GoFLO's sole
discretion is inflammatory, offensive or otherwise inconsistent
with GoFLO's standards of business ethics. Any messages,
data, or images that might be considered by a reasonable
person to be obscene or which contain racial, ethnic,
religious slurs or derogatory epithets, or advocating
violence, hate or other language that is deeply or widely
offensive.
9. GoFLO strongly opposes SPAM, which
floods the Internet with unwanted and unsolicited email
and deteriorates the performance and availability of
the GoFLO service. All forms of SPAM, and all activities
that have the effect of facilitating SPAM, are strictly
prohibited.
10. GoFLO also prohibits the use of
another Internet service to send or post SPAM to drive
visitors to Your site hosted on or through GoFLO systems,
whether or not the messages were originated by You ,
under Your direction, or under the direction of a related
or unrelated third party.
11. If GoFLO in its sole discretion,
determines that a violation of the Terms of Service
has occurred, GoFLO may pursue any of its legal remedies,
including but not limited to the immediate deletion
of any offending material from its site, cancellation
of Your account and /or the exclusion of any person(s)
who may have violated any Terms of Service. GoFLO could
also pursue violators with claims that they have violated
various criminal and/or civil laws as applied by the
relevant jurisdiction. GoFLO will cooperate with any
investigation by any Federal, State, or local body or
any court or tribunal legitimately exercising it’s
rights. Such cooperation may be without notice to You
. If GoFLO believes in its sole discretion that any
ad may create liability for GoFLO, GoFLO may take any
actions that it believes are prudent or necessary to
minimize or eliminate its potential liability, including
but not limited to, the release of User information.
In sum, GoFLO reserves the right to refuse service to
anyone at any time, and to remove any listings or any
advertisements for any reason, and without notice.
12. User understands and agrees that
User is responsible for all applicable taxes and for
all costs that are incurred in using the GoFLO service.
We may also, in our sole discretion, add or delete fees
associated with the Service. If any charge is applicable,
we will notify our Users in advance with postings on
GoFLO.
13. DISCLAIMER OF WARRANTIES. YOU AGREE
THAT USE OF THE SERVICE IS AT USER’S SOLE RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” AND
ON AN “AS AVAILABLE” BASIS. GoFLO 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 AND NON-INFRINGEMENT.
14. GoFLO MAKES NO WARRANTY THAT THE
SERVICE WILL MEET USER’S REQUIREMENTS, THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES GoFLO MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED FROM THE SERVICE.
15. USER UNDERSTANDS AND AGREES THAT
ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES
OBTAINED THROUGH THE SERVICE IS DONE AT USER’S
OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
16. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY USER FROM GoFLO OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
17. LIMITATION OF LIABILITY. USER AGREES
THAT NEITHER GoFLO NOR ANY OF ITS PROVIDERS OF INFORMATION
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE OR
FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S
TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER
RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF GoFLO HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. USER FURTHER AGREES THAT GoFLO SHALL NOT
BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT
OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES
THAT GoFLO SHALL NOT BE RESPONSIBLE OR LIABLE TO USER,
OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD
PARTY OF THE SERVICE.
In sum, in no event shall GoFLO's total
liability to You for all damages, losses, and causes
of action exceed the amount paid by You to GoFLO, if
any, that is related to the cause of action.
18. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU..
19. You give us a non-exclusive, worldwide,
royalty-free, irrevocable, sublicenseable (through multiple
tiers) right to exercise all copyright and publicity
rights, in any existing or future media, known or unknown,
over the material or User Data displayed in your listings
or bids. For the purpose of this Agreement, “User
Data” shall mean all information (if any) submitted
by You , (the “User”) to GoFLO with the exception
of trading data, credit card numbers, checking account
numbers, etc. “Individually Identifiable User Data”
shall mean that subset of “User Data” which
can be reasonably used to identify a specific individual
such as their name, address, phone number, etc. The
User Data shall be deemed to be the property of GoFLO.
You shall take all reasonable efforts to ensure that
it is accurate and complete and not misleading in any
way.
20. No Resale or Unauthorized Commercial
Use. You agree not to resell or assign Your rights or
obligations under these Terms of Service. You also agree
not to make any unauthorized commercial use of the Service.
21. Others’ Information. You agree
not to make use of anyone else’s Information other
than as necessary to participate in and to promptly
complete any GoFLO Classified Ads in which you
are involved.
22. No Agency. There is no agency,
partnership, joint venture, employee-employer or franchisor-franchisee
relationship between GoFLO and any User of the Service.
23. Notice. Any notice to You or to
us shall be made by either email or regular mail. We
may also give notice of changes to these Terms of Service
or other matters related to GoFLO displaying notices
to Users on the Service.
24. This Agreement is the complete
and exclusive agreement between the parties with respect
to the subject matter hereof, superseding any prior
agreements and or communications regarding such subject
matter. This Agreement may only be modified, or any
rights under it waived, by a written document executed
by both parties.
25. These Terms of Service and the
relationship between User and GoFLO shall be governed
by the laws of the State of Illinois without regard
to its conflict of law provisions. User and GoFLO agree
to submit to the personal and exclusive jurisdiction
of the courts located within the county of Lake County,
Illinois
26. The failure of GoFLO to exercise
or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right
or provision. If any provision of these Terms of Service
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 these Terms of Service shall remain in
full force and effect.
27. User agrees 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 these Terms of Service must be filed within one
(1) year after such claim or cause of action arose or
be forever barred.
28. The section titles in these Terms
of Service are for convenience only and have no legal
or contractual effect.
29. Please help us keep the GoFLO site
an enjoyable experience for all Users, if You observe
material or behavior that may violate one of the
GoFLO's Terms of Service,
please contact GoFLO HERE
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