Terms of Use
 
1. Acceptance of Terms

It's the Climate.com is a collection of online resources, including classified ads, forums, and various other services, referred to from here on as 'service' subject to the following terms of use 'terms', which It's the Climate.com reserves the right to update from time to time without notification. You can review the most current version of the Terms at: http://www.itstheclimate.com/terms.asp. Using of the services in any way, you are agreeing to comply with these Terms. In addition, when using particular It's the Climate.com services, you agree to abide by all applicable posted guidelines, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with It's the Climate.com in any way, your only recourse is to immediately discontinue use of It's the Climate.com.

2. Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials 'content' posted, 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 It's the Climate.com 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 It's the Climate.com site and content available through the service may contain links to other websites, which are completely independent of It's the Climate.com. It's the Climate.com 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 It's the Climate.com 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 It's the Climate.com does not pre-screen or approve content, but that It's the Climate.com shall have the right, but not the obligation, in its 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. Privacy and Information Disclosure

It's the Climate.com has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.itstheclimate.com/privacy.asp. Your use of the It's the Climate.com website or the service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that It's the Climate.com 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 legal process; enforce these terms; respond to claims that any content violates the rights of third-parties; or protect the rights, property, or personal safety of It's the Climate.com, its users or the general public.

4. Conduct

You agree not to post or otherwise make available content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that impersonates any person or entity, including, but not limited to, a It's the Climate.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • that includes personal or identifying information about another person without that person's explicit consent.
  • that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  • that constitutes or contains any form of advertising or solicitation if posted in areas of the It's the Climate.com sites which are not designated for such purposes; or emailed to It's the Climate.com users who have requested not to be contacted about other services, products or commercial interests.
  • that constitutes posting essentially the same item or service to more than two classified categories or forums.
  • that includes links to commercial services or web sites, except as allowed in "small business ads".
  • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law.
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the service.

Additionally, you agree not to:
  • contact anyone who has asked not to be contacted;
  • stalk or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the service. Exception is made for internet search engines, e.g. Google / Yahoo, and non-commercial public archives that comply with our robots.txt file;
  • purposefully post content in a irrelevant category or city, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
  • attempt to gain unauthorized access to It's the Climate.com computer systems or engage in any activity that disrupts, diminishes the quality of service, interferes with the performance of service, or impairs the functionality of service, or the It's the Climate.com website.

5. No Spam Policy

You understand and agree that sending unsolicited email advertisements to It's the Climate.com email addresses or through It's the Climate.com computer systems, which is expressly prohibited by these terms. Any unauthorized use of It's the Climate.com computer systems is a violation of these terms and certain federal and state laws.

6. Limitations on service

You acknowledge that It's the Climate.com may establish limits concerning use of the service, including the maximum number of days that content will be retained by the service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the service, and the frequency with which you may access the service. You agree that It's the Climate.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the service. You acknowledge that It's the Climate.com reserves the right at any time to modify or discontinue the service or any part thereof with or without notice, and that It's the Climate.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

7. Termination of service

You agree that It's the Climate.com, 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 service or any part thereof, immediately and without notice, and remove and discard any content within the service, for any reason, including, without limitation, if It's the Climate.com believes that you have acted inconsistently with the letter or spirit of the terms. Further, you agree that It's the Climate.com shall not be liable to you or any third-party for any termination of your access to the service. Further, you agree not to attempt to use the service after said termination.

8. Proprietary rights

The service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of original works from or redistribution of the sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy content from the service, and agree to abide by any and all copyright notices displayed on the service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the service. IT'S THE CLIMATE.COM is a registered mark in the U.S. Patent and Trademark Office.

Although It's the Climate.com does not claim ownership of content that its users post, by posting content to any public area of the service, you automatically grant, and you represent and warrant that you have the right to grant, to It's the Climate.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare original works of, or incorporate into other works, said content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

9. Disclaimer of Warranties

You agree that use of the It's the Climate.com site and the service is entirely at your own risk. It's the Climate.com site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, it's the climate.com disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of It's the Climate.com site and the service. To the fullest extent permitted by law, it's the climate.com disclaims any warranties for other services or goods received through or advertised on It's the Climate.com site or the sites or service, or accessed through any links on It's the Climate.com. To the fullest extent permitted by law, It's the Climate.com disclaims any warranties for viruses or other harmful components in connection with the it's the climate.com site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

10. Limitations of Liability

Under no circumstances shall it's the climate.com be liable for direct, indirect, incidental, special, consequential or exemplary damages, even if it's the climate.com has been advised of the possibility of such damages, resulting from any aspect of your use of It's the Climate.com site or the service, whether the damages arise from use or misuse of It's the Climate.com site or the service, from inability to use the it's the climate.com site or the service, or the interruption, suspension, modification, alteration, or termination of It's the Climate.com site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with It's the Climate.com site or the service or any links on It's the Climate.com, as well as by reason of any information or advice received through or advertised in connection with It's the Climate.com site or the service or any links on It's the Climate.com site. These limitations shall apply to the fullest extent permitted by law. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

11. Indemnity

You agree to indemnify and hold It's the Climate.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the service, your use of the service, your violation of the terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

12. General information

The terms constitute the entire agreement between you and It's the Climate.com and govern your use of the service, superseding any prior agreements between you and It's the Climate.com. The terms and the relationship between you and It's the Climate.com shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and It's the Climate.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Josephine, Oregon. The failure of It's the Climate.com to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of the 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, and the other provisions of the terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. Violations of Terms

Please report any violations of the terms, by flagging the postings for review, or by emailing to abuse@itstheclimate.com. Our 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 understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay It's the Climate.com liquidated damages as follows:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay It's the Climate.com one thousand dollars ($1,000) for each such message.

b. If It's the Climate.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay It's the Climate.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access It's the Climate.com in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to It's the Climate.com email addresses or through It's the Climate.com computer systems, you agree to pay It's the Climate.com twenty five dollars ($25) for each such email.

d. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay It's the Climate.com one hundred dollars ($100) for each such message. In its sole discretion, It's the Climate.com may elect to issue a warning before assessing damages.

Otherwise, you agree to pay It's the Climate.com's actual damages, to the extent such actual damages can be reasonably calculated.

14. Feedback

We welcome your feedback on this document, please email us at: feedback@itstheclimate.com

PRIVACY POLICY