Terms and Conditions

Effective Date: This Terms of Use Agreement was last updated on October 17, 2006.

This Terms of Use Agreement sets forth the standards of use of the POSTaNEED.com Online Service, also know as and completely applicable to, POSTaNEED.net and postmyneed.com. By using the POSTaNEED.com website you (the “User, user, Users, users”) agree to these terms and conditions where “User, user”, shall refer to ALL users, viewers, poster’s (any user or users who post to or in POSTaNEED.com), visitors, members, etc. of POSTaNEED.com. If you do not agree to the terms and conditions of this agreement, you must/ should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at POSTaNEED.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

POSTaNEED.com is providing users with access to view postings on the POSTaNEED.com’s website and to post with in the guidelines of the terms of use agreement. Users must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for user’s access to the Internet, and (3) pay any fees relate with such connection.

2. Postings and Conduct of All User, Users.

User understands that they are responsible for their own posting materials and that all postings and posting materials shall be in accordance with all local laws, state laws, federal laws, international laws and all other applicable laws. Postings shall not contain any material that may constitutes as, but not limited to, abusive, harmful, harassing, unlawful, or in any way discriminating to but not limited to any race, religion, creed, sexual orientation, gender, age, disability, orientation, origin, or disability. All users understand that there maybe content that constitutes as any or more of the above at any time.

3. Disclaimer of Warranties.

The site is provided by POSTaNEED.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, POSTaNEED.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, content or otherwise. POSTaNEED.com shall have no liability for any interruptions in the use of this Website. POSTaNEED.com disclaims all warranties with regard to the information and content provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

4. Limitation of Liability

POSTaNEED.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR POSTaNEED.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF POSTaNEED.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

5. Indemnification

User agrees to indemnify and hold POSTaNEED.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service of POSTaNEED.com, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.

6. Modifications and Interruption to Service

POSTaNEED.com reserves the right to modify or discontinue the Service with or without notice to the User. POSTaNEED.com shall not be liable to User or any third party should POSTaNEED.com exercise its right to modify or discontinue the Service. User acknowledges and accepts that POSTaNEED.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Our website, POSTaNEED.com, may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Users, Posting Information and Material(s)

Product specifications and other information have either been provided by the Users, or Postings, or collected from publicly available sources. POSTaNEED.com does not and can not ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

POSTaNEED.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, or Postings and you acknowledge that any reliance on representations and warranties provided by any Vendor, or Posting, shall be at your own risk.

9. Governing Jurisdiction of the Courts of California

Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.

10. Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state law, federal law, internet law, computer law or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, internet, computer or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005 POSTaNEED.com, with all rights reserved, or is the property of POSTaNEED.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of POSTaNEED.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of POSTaNEED.com.

POSTaNEED.com™ and POSTaNEED.net and postmyneed.com™ are proprietary marks of POSTaNEED.com. POSTaNEED.com’s trademarks may not be used in connection with any product or service that is not provided by POSTaNEED.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits POSTaNEED.com.

All other trademarks displayed on POSTaNEED.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with POSTaNEED.com.

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, POSTaNEED.com.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By E-Mail
postmaster@POSTaNEED.com

13. Botnets

POSTaNEED.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, POSTaNEED.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. No Spam or Third Party Posting

User understands that unsolicited e-mail may not be sent to or through any part of POSTaNEED.com. User understands that postings may not be posted by a third party nor shall posting be abused on POSTaNEED.com by exceeding 15 postings per month of the same or similar material by the same or affiliated poster’s, (individuals, companies, or groups) unless authorized by POSTaNEED.com.

15. Pay to View Postings and Material

User understands that POSTaNEED.com may at some point charge users to view posting information. POSTaNEED.com does not guarantee or warrantee any information that is purchased, further more there can be no refund given for information that is not correct or available. There can be no refunds as the information is not guaranteed or warranted by POSTaNEED.com. Any paid posting or paying viewer that has paid to view posting(s) may be removed or blocked at anytime if it is the desire of POSTaNEED.com or violates POSTaNEED.com’s terms of use agreement. User also understands that any posting, poster’s, maybe blocked from posting if so desired by POSTaNEED.com if a violation of the terms of use agreement has occurred. Viewer’s of postings maybe blocked from viewing posting if they contact poster’s in anyway that violates the terms of use agreement.

16. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by POSTaNEED.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement below.

17. Privacy Policy Statement

POSTaNEED.com is a service site that allows postings to post information for the public and private sector to view. Further more no person, company, group or other is blocked from viewing information you have posted unless they, the poster, or you, the viewer, are in violation of the terms of use agreement or have not paid the fee to view postings. Therefore DO NOT POST ANY INFORMATION THAT YOU WOULD NOT LIKE EVERY PERSON, COMPANY, GROUP OR OTHERS TO HAVE ACCESS TO. The information which the user(s) posts to POSTaNEED.com may be saved indefinitely unless so desired by POSTaNEED.com or deleted at any time. POSTaNEED.com MAKES NO GUARANTEE OR WARRANTEE TO THE SECURITY OF POSTINGS AVAILABLE TO ANY AND ALL ABLE VIEWER(S) OR THIRD PARTIES.