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1. Acceptance of Terms
BoxQuest provides a collection of online resources, including classified ads, forums, blog, affiliate links, and various email services: all referred to hereafter as ("the Service") subject
to the following Terms of Use ("Terms"), which may be updated by BoxQuest from time to time. BoxQuest will provide notice of materially significant changes
to the Term by posting notice on the BoxQuest site. By using the service in any way, you are agreeing to comply with these Terms. In addition, when using
particular BoxQuest services, you agree to abide by any applicable posted guidelines for all BoxQuest services, 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 BoxQuest in any way,
your only recourse is to immediately discontinue use of BoxQuest.
2. Content
BoxQuest insures that all personal information is voluntarily submitted to us for the purpose of buying or selling boxes and will not be rented or sold to any
individual, entity or third party, for any reason, without the specific written consent of the subscriber; with exception as required by law, regulation or
governmental authority. However, it should be emphasized that seller personal information is available to any person browsing BoxQuest. This
availability is necessary to allow prospective buyers of boxes to contact the sellers of boxes for the sole purpose of transacting a sale for the seller's
boxes. Sellers should only provide the information necessary in order to sell their boxes. You understand that all postings, messages, text, files, images,
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 BoxQuest 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 BoxQuest site and content available through
the service may contain links to other web sites, which are completely independent of BoxQuest. BoxQuest 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 web sites 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 BoxQuest 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 BoxQuest does not pre-screen buyers and/or sellers or approve content, but that BoxQuest 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. ↑Top
3. Privacy and Information Disclosure
BoxQuest has established a privacy policy to explain to users how their information is collected and used. Your use of the
BoxQuest web site or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that BoxQuest may, in its sole discretion, preserve or
disclose your content, as well as your information, such as email addresses, IP addresses, time stamps, 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 BoxQuest, its users or the general public.
4. Conduct
You agree not to post, email, 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 BoxQuest 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, misinformative, 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 "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial
advertisement.
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the BoxQuest sites which are not designated for such purposes; or (2)
emailed to BoxQuest 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 separate metropolitan areas.
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale
of which is prohibited or regulated by Florida 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 disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the service, or that otherwise negatively affects other users'
ability to use the Service; or
- 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) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- purposefully post irrelevant content, 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 BoxQuest's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the
performance of, or impairs the functionality of, the service or the BoxQuest web site. ↑Top
5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to BoxQuest email addresses or through BoxQuest computer systems is expressly
prohibited by these Term. Any unauthorized use of BoxQuest computer systems is a violation of these Terms and certain federal and state laws. Such violations
may subject the sender and his or her agents to civil and criminal penalties.
6. Limitations on service
You acknowledge that BoxQuest 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 BoxQuest has no responsibility or liability for the deletion or failure to store any content maintained or
transmitted by the Service. You acknowledge that BoxQuest reserves the right at any time to modify or discontinue the service (or any part thereof) with or
without notice, and that BoxQuest 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 BoxQuest, 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 BoxQuest believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree
that BoxQuest 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. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
8. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that BoxQuest
shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site,
or between users and any third party, you understand and agree that BoxQuest is under no obligation to become involved. In the event that you have a dispute with
one or more other users, you hereby release BoxQuest, its 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." ↑Top
9. 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 derivative
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.
Although BoxQuest does not claim ownership of content that its box sellers' 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 BoxQuest an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy,
perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize
sublicenses (through multiple tiers) of the foregoing.
10. Disclaimer of Warranties
YOU AGREE THAT USE OF THE BOXQUEST SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BOXQUEST 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, BOXQUEST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BOXQUEST SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY
LAW, BOXQUEST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
BOXQUEST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BOXQUEST SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, BOXQUEST DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION
WITH THE BOXQUEST 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.
11. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL BOXQUEST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (EVEN IF BOXQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE BOXQUEST SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
BOXQUEST SITE OR THE SERVICE, FROM INABILITY TO USE THE BOXQUEST SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BOXQUEST 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 THE BOXQUEST SITE OR THE SERVICE OR ANY LINKS ON THE BOXQUEST SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BOXQUEST SITE OR
THE SERVICE OR ANY LINKS ON THE BOXQUEST 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. ↑Top
12. Indemnity
You agree to indemnify and hold BoxQuest, 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.
13. General information
The Terms constitute the entire agreement between you and BoxQuest and govern your use of the service, superseding any prior agreements between you and
BoxQuest. The Terms and the relationship between you and BoxQuest shall be governed by federal and state laws without regard to its conflict of law provisions.
The failure of BoxQuest 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.
14. Violations of Terms and Liquidated Damages
Please report any violations of the Terms; by emailing contact@BoxQuest.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
BoxQuest 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 BoxQuest one thousand dollars ($2,000)
for each such message.
b. If BoxQuest 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
BoxQuest one hundred dollars ($200) for each message posted in excess of such limits or for each day on which you access BoxQuest in excess of such limits,
whichever is higher.
c. If you send unsolicited email advertisements to BoxQuest email addresses or through BoxQuest computer systems, you agree to pay BoxQuest fifty
dollars ($50) 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 BoxQuest one hundred dollars ($200) for each such
message. In its sole discretion, BoxQuest may elect to issue a warning before assessing damages. Otherwise, you agree to pay BoxQuest's actual damages, to the
extent such actual damages can be reasonably calculated. ↑Top
15. Feedback
Of course, we welcome all your feedback regarding this document at our contact page. |
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