These terms apply to anyone connecting directly or indirectly to a Rochester Classifieds Online-controlled computer/server. This includes, but is not limited to:
Rochester Classifieds Online offers Internet access and related services, through its system to its subscribers. Rochester Classifieds Online does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These Terms of Service set forth the basic rules which apply to Rochester Classifieds Online's services and use of its system. Rochester Classifieds Online may change these Terms of Service in the future upon notice published on-line or otherwise provided by Rochester Classifieds Online. By using Rochester Classifieds Online's services and system, a subscribers agrees to comply with and be legally bound by the terms of service as published online or otherwise available from Rochester Classifieds Online. If the Terms of Service, Rochester Classifieds Online's services, system, or pricing is or becomes unacceptable to a subscriber, the subscriber's only right shall be to terminate its account in accordance with the Section labeled "Termination and Suspension" below.
Rochester Classifieds Online's system and services may only be used for lawful purposes and in a manner which Rochester Classifieds Online believes, in its sole discretion, to be consistent with the rights of other Rochester Classifieds Online subscribers and third parties. While Rochester Classifieds Online is not responsible for the content of hosted Web Sites, content on all Rochester Classifieds Online hosted Web Sites must comply with all laws and must not infringe the rights of any third party. Rochester Classifieds Online's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Rochester Classifieds Online's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through Rochester Classifieds Online's system must comply with the rules for such other networks.
The services provided by Rochester Classifieds Online and Rochester Classifieds Online's system are expected to change from time to time. Rochester Classifieds Online reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.
Either subscriber or Rochester Classifieds Online may, at its sole discretion, terminate the subscriber's account at any time with or without reason. Rochester Classifieds Online also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Rochester Classifieds Online may delete all data, files or other information that is stored in subscriber's account upon termination. Provisions set forth below in the sections entitled "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination. Refunding of fees paid to Rochester Classifieds Online by subscriber for loss of service due to violation of these terms is solely at the discretion of Rochester Classifieds Online.
The effective date of for-fee subscriptions will be no earlier than the date and time of the creation of the subscription by the subscriber, and no later than the date and time which funds are received by Rochester Classifieds Online from the subscriber or any payment processing services used in the transaction. Certain methods of payment also incorporate a clearing period, including but not limited to personal checks. For payments made by these methods, the effective date will be no earlier than the date and time of the creation of the subscription by the subscriber, and no later than the date and time which funds are cleared. All fees paid are non-refundable. Any requests for refunds must be made in writing and Rochester Classifieds Online reserves sole discretion on the decision to grant or deny a refund.
USE OF ROCHESTER CLASSIFIEDS ONLINE'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT SUBSCRIBER'S SOLE RISK. ROCHESTER CLASSIFIEDS ONLINE DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT ROCHESTER CLASSIFIEDS ONLINE'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES ROCHESTER CLASSIFIEDS ONLINE MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. ROCHESTER CLASSIFIEDS ONLINE'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL ROCHESTER CLASSIFIEDS ONLINE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, ROCHESTER CLASSIFIEDS ONLINE WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF ROCHESTER CLASSIFIEDS ONLINE'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH ROCHESTER CLASSIFIEDS ONLINE'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF ROCHESTER CLASSIFIEDS ONLINE TO ANY SUBSCRIBER OR SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO ROCHESTER CLASSIFIEDS ONLINE'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR SUBSCRIBER TO ROCHESTER CLASSIFIEDS ONLINE DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
The subscriber agrees to indemnify and hold harmless Rochester Classifieds Online, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's Web Site whether or not authorized.
Subscriber's account and right to use Rochester Classifieds Online's services and system is not transferable without Rochester Classifieds Online's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.
Rochester Classifieds Online treats E-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits Rochester Classifieds Online limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect Rochester Classifieds Online's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where Rochester Classifieds Online receives information inadvertently which appears to pertain to the commission of a crime. Subscriber should be aware that electronic messages may be intercepted lawfully or unlawfully outside of Rochester Classifieds Online's system. In addition, although Rochester Classifieds Online has implemented certain security measures, Rochester Classifieds Online cannot guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any Subscriber.
Subscriber may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Rochester Classifieds Online service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding subscriber and the Advertiser. Rochester Classifieds Online assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
Subscriber may enter into correspondence with or participate in the purchase or sale of merchandise with other subscribers of the Rochester Classifieds Online service. Any such correspondence or participation in purchase or sale, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or participation, are solely between the corresponding subscriber and the buyer or seller. Rochester Classifieds Online assumes no liability, obligation or responsibility for any part of any such correspondence or participation.
Subscriber acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Subscriber by the Service ("Content") by Rochester Classifieds Online or Rochester Classifieds Online's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Subscriber is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Subscriber may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of Rochester Classifieds Online. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.