Effective As Of 09/30/2006
1. Welcome to Express Publications Company, LLC (Express)’s Classified Service (the “Service”). Express is a wholly-owned subsidiary of The Washington Post Company. By using this Service, you agree to be bound by all of the terms of this Agreement. Express reserves the right to change the terms of this Agreement or to modify any features of this Service at any time. By continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes.
Users, including commercial entities, may post ads on readexpress.com in paid categories by placing ads on washingtonpost.com or in the Express newspaper for a fee. Users on the paid category site may provide payment information and contact information to washingtonpost.com or its service providers in order to facilitate the transmittal as described in paragraph 5.
We reserve the right to charge for all features on this Service in the future.
4. Express is not an Auctioneer. It is important to realize that we are not a traditional “auctioneer.” Instead, by offering this Service, Express merely provides a venue to allow anyone to offer, sell, and buy certain items, at anytime, from anywhere in the U.S., in a variety of pricing formats, determined solely by the parties involved in the transaction. Please be advised that we are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. In addition, we cannot ensure that a buyer or seller will actually complete a transaction.
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 Express 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 Express is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Express, its parent and affiliates and its directors, officers, managers, employees, shareholders, agents, and licensors 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.
We may in our sole discretion change some or all of our Service at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our Service and the Site and all applicable taxes.
6. 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 Express does not control, and is not responsible for, Content made available through the Service. Furthermore, the Express Site and Content available through the Service may contain links to other Web sites, which are completely independent of Express. Express 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 Express 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.
7. You also acknowledge that Express does not pre-screen or approve Content, but that Express 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 user agreement or for any other reason.
8. This Service (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service. By posting content on the Service, a user is giving Express the right to display such content on the Service and its affiliated publications and to use such content for promotional and marketing purposes.
9. (a) Except for content you have posted on the Service, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
(b) Readexpress.com has been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Without limiting the provisions of 9(a), neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
(c) Just as readexpress.com requires users to respect our copyrights, trademarks and other proprietary rights, and those of our affiliates and partners, we respect the copyrights, trademarks, and other proprietary rights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes infringement, you may notify our designated copyright agent either by mail to [Dan Caccavaro, Readexpress.com, 1515 North Courthouse Road, Arlington, Virginia 22201] or by e-mail at Dan.Caccavaro@wpni.com. This contact information is only for suspected infringement. Contact information for other matters is provided elsewhere on this site. Any personal information you provide in your email will be used only for purposes related to your email.
11. This Service is available “as is.” We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available though links in this Service. We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.
12. Express and its officers, directors, managers, employees, shareholders, parent, subsidiaries, affiliates, agents, or licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
13. You and Express are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
14. This Agreement may be terminated by either party for any reason at any time. Sections six (6) and ten (10) through eleven (11) of this Agreement shall survive such termination.
15. This Agreement shall be governed by the laws of the United States and the Commonwealth of Virginia. BY CONTINUING TO USE READEXPRESS.COM, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
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