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Your use of this site tells us you have read and agree to these Terms of Use.  These Terms of Use constitute a contract between you and the owner of this site, as set forth in these Terms of Use ( Terms ). If you do not wish to agree to be bound by these Terms, refrain from using this site.

Copyright:

All information, content, services and software displayed on, transmitted through, or used in connection with this site including, for example, advertisements, text, photographs, images, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by or licensed to us or our affiliated companies, licensors and suppliers, or in case of certain logos and trademarks (but NOT advertisements, text, photographs or images) our customers and their affiliates. You may use the Content solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal use. No other use is permitted.

User Provided Information and Content:

By providing information to us and/or placing material on this site, you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms; and, (3) the content will not cause injury to any person or entity or violate applicable Federal and state laws and regulations.

For all such information and material, you grant us and our affiliates and related entities, including our affiliated newspaper and any licensees (collectively, "Affiliates"), a royalty-free, perpetual, irrevocable, exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such material, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across any or all of our affiliated websites, to include the information in a searchable format accessible by users of this site and other websites of ours and our Affiliates, and to use your name and any other information in connection with our use of the material you provide. You also grant us and our Affiliates the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever.

General Disclaimer and Limitation of Liability:

USE OF THIS SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF THE EMPLOYEES OR AGENTS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY DISCLAIMED. WE DO NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. WE AND OUR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS OR WORM THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THIS SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL WE OR OUR AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE OR OUR AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES IN EXCESS OF $100.

Indemnity:

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, US, OUR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, INVASION OF PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THIS SITE; (2) INFORMATION OR MATERIAL POSTED OR TRANSMITTED BY YOU; AND, (3) ANY VIOLATION OF THESE TERMS BY YOU.

International Users:

If you access this site from a location outside the United States, you are responsible for compliance with all applicable laws including laws of your jurisdiction and U.S. export laws and regulations.

Miscellaneous:

We reserve the right to change these Terms at any time in our discretion and to notify users of any such changes solely by changing this Terms. Your continued use of this site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes.

We may modify, suspend, discontinue or restrict the use of any portion of this site, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. We may at any time transfer our rights under these Terms to any person.

These Terms will be governed by the laws of the State of Ohio applicable to contracts entered into and performed wholly within the State of Ohio (without regard to conflicts rules). You hereby agree that any claim you may have with respect to this site must be filed in a federal or state court located in Athens, Ohio within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You irrevocably waive any right to a jury trial and agree to the jurisdiction and venue of these courts with respect to all matters arising with respect to these Terms. You consent to service of process by mail. If for any reason any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall continue in full force and effect. Any failure by us to enforce or exercise any provision of these Terms or related right(s) shall not constitute a waiver of that right or provision.

CLASSIFIEDS:

Terms and Conditions:

Sellers and buyers are responsible for all aspects of transactions in which they participate. Furthermore, sellers and buyers are responsible for reviewing and complying with any applicable laws, regulations, or restrictions for the city, county, state, region, and country in which both the buyer and seller reside. This includes laws, regulations, or restrictions on items and services, and the method of sale or exchange in which buyers and sellers participate on SleepSmith.com.

Rules for selling and buying on SleepSmith.com

  1. You must list your items or services in the most appropriate category..
  2. You are not permitted to link to, display, or advertise (through the use of email addresses, URLs, images, or any other contact information) goods or services for which you are not posting on SleepSmith.com.
  3. You may not include any content or images in your classified ad that are obscene, offensive, harmful to minors, an invasion of privacy, or otherwise inappropriate.
  4. You may not offer any item for sale that is not in your possession or you do not have the right to sell.
  5. You are not permitted to send unsolicited email or messages to SleepSmith.com or any members of SleepSmith.com.
  6. You may not use or manipulate this service for any fraudulent activity or purpose.
  7. You may not disrupt SleepSmith.com operations or service. This includes the use of any automated routines used to gather or generate information via our web site, or any other repetitive action that may degrade the performance of our systems.
  8. You may not charge any credit card "surcharges" or any other charges not revealed to the buyer prior to the close of transaction.
  9. Circumventing SleepSmith.com fees and payments is prohibited.
  10. You must complete any SleepSmith.com transaction upon which final terms have been agreed. Likewise, buyers should not make offers or accept an asking price on classifieds for which they do not intend to complete a transaction.
  11. Your classified ad must be in English, however it may contain words in another language, if necessary, in order to describe the item or service for sale.

Offensive Material

Classifieds that promote hatred, violence, racism, or intolerance are not permitted on SleepSmith.com.

Under this policy, SleepSmith.com may, at its discretion, remove classifieds and optionally refund any appropriate fees when the item, description, or service graphically portrays violence or victims of violence, and lacks social or artistic value.

URLs, Links, and Contact Information

SleepSmith.com does not allow links that:

  • reference obscene, offensive, or inappropriate material
  • attempt to circumvent fees and usage of our site
  • reference a competitor of SleepSmith.com

In addition, we recommend against the exchange of contact information (such as an email address, telephone number, or mailing address) until terms have been agreed upon.

Classifieds that fail to follow these guidelines will be removed. Failure to follow SleepSmith.com classified ad guidelines may result in permanent suspension of your account.

Spamming

SleepSmith.com does not tolerate spamming. This includes solicitation of SleepSmith.com members by any means via our website. In addition, SleepSmith.com URLs and email addresses (for example, Ad Links or corporate emails) are not permitted in any mass marketing or unsolicited commercial email campaigns.

SleepSmith.com will take action if it is clear a member has participated in spamming. Where state and/or federal laws have been violated, we reserve the right pursue legal action.

Keyword Spamming

SleepSmith.com does not allow the superfluous use of keywords or phrases in classifieds. Keywords that do not add substantive value to the description of the classified ad, or those that are repeated multiple times, are considered superfluous. This includes referencing brand names which have no relation to the classified ad.

Portal Classifieds

Classifieds whose primary purpose is to direct buyers to another website, store, or business are not allowed in categories unless specified. Portal classifieds may be re-categorized or disabled.

Inappropriate Classifieds

SleepSmith.com may at any time re-categorize, disable, or suspend classifieds which contain inappropriate material in the ad title, description, or image(s). If your classified ad is re-categorized, disabled, or suspended, you may be notified by email.

Non-binding negotiations

According to U.S. laws and regulations, SleepSmith.com classifieds for actual property or real businesses are not legally binding offers to sell property or companies. We permit classifieds describing real estate and businesses for sale that serve as advertisements to attract potential buyers, informing them of an opportunity to conduct a transaction outside of SleepSmith.com. At the close of a classified ad, the seller should contact the buyer to discuss entering into a contract for the actual property or business.

Right to terminate and suspend

SleepSmith.com, at its sole discretion, may modify, suspend, or delete any classified ad or SleepSmith.com membership immediately, and without notice, if we believe that you have not acted in compliance with the SleepSmith.com Member Agreement and Classified Ad Guidelines.

Restricted language

SleepSmith.com prohibits the use of language that is vulgar, racist, hateful, overtly sexual, or obscene in nature in public display on SleepSmith.com. We may permit certain classifieds that contain profane words as part of a title, domain, or product name. However, these words may only be permitted within certain categories, or when displayed with asterisks (or similar substituted characters) in an effort to censor profane words.

Items that are prohibited by SleepSmith.com

It is the responsibility of both the seller and the buyer to ensure that transactions completed on SleepSmith.com are for items and services that are appropriate for sale under all applicable laws and regulations. SleepSmith.com reserves the right, but has no obligation, to refuse, reject or remove any classified ad at our sole discretion.

There are some things that you may not list or sell on SleepSmith.com. These include:

  • Firearms and ammunition
  • Fireworks and explosives
  • Government IDs and police items
  • Hacking and illegal surveillance equipment
  • Hazardous goods
  • Illegal counterfeit goods
  • Human parts, body fluids, and human remains
  • Illegal drugs
  • Non-transferable contracts
  • Recalled goods
  • Stocks, bonds, and securities
  • Stolen goods
  • The sale of alcohol to persons not of lawful age
  • The sale of cigarettes to persons not of lawful age
  • The sale of event tickets that defy state & regional regulations

Sellers may not present items or services prohibited for sale on SleepSmith.com such as gifts, prizes or giveaways in connection with a classified ad. SleepSmith.com may choose to revise these guidelines at any time.

Wholesale lists and Matrix Schemes

SleepSmith.com does not allow ads which sell information that may be linked to potentially fraudulent activities such as:

  • pyramid schemes
  • ponzi schemes
  • matrix schemes

Often these ads sell information in the form of a book, e-book, or PDF file. This restriction applies to so-called "wholesale lists", which often claim to provide the buyer with almost-free products, usually by encouraging the buyer to either: misrepresent themselves to other companies, or to join online matrix schemes.

We feel that a majority of these ads employ unrealistic claims, create confusion in our marketplace, and generally yield an unsatisfactory buyer experience.

Photographs and Pictures

Your ad photos should never confuse buyers, and should accurately represent the item you are selling. In addition, you should use your own images whenever possible, not someone else's. We recommend that you take digital photos of what you are selling and use these in your ad.

In short, be up front about the nature of the goods you are selling, and make sure your classified ad title, description, and images are not confusing to buyers.

SleepSmith.com reserves the right to modify any listing to more accurately represent what is being sold, and may suspend an ad at our sole discretion without notification or reimbursement.

Refunds

SleepSmith.com Classified system does not allow refunds for listing fees. You may remove your ad at any time, however, listing fees are not transferable to additional ads or other users.

Disclaimer of Liability

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. SleepSmith.com AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SleepSmith.com DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL SleepSmith.com BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THIS SERVER OR THE INTERNET GENERALLY. SleepSmith.com AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY TRANSACTIONS CONDUCTED BY EITHER PARTY, SELLER OR BUYER. DISPUTES INVOLVING THE SALE OF ANY ANIMAL OR PRODUCT IS THE SOLE RESPONSIBILITY OF THOSE PARTIES INVOLVED. USE OF THE SleepSmith.com SYSTEM IMPLIES YOUR ACCEPTANCE OF THESE TERMS.

No Warranties

Any material on this server may include technical inaccuracies or typographical errors. SleepSmith.com has the right to make changes and updates to any Content contained within this server without prior notice. THE CONTENT PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY SleepSmith.com, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER SleepSmith.com NOR ITS AFFILIATES WARRANTS THAT THE CONTENT ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Disclaimer of Endorsement

Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by SleepSmith.com. The views and opinions of posts from visitors expressed herein do not necessarily state or reflect those of the SleepSmith.com, and shall not be used for advertising or product endorsement or legal action/purposes. Classified Ads posted on SleepSmith.com does not imply an endorsement by SleepSmith.com. Directory listings posted on SleepSmith.com does not imply an endorsement by SleepSmith.com.