Welcome to craigslistautoresponder.com!
Your use of the craigslistautoresponder.com
website (the “Site”) and services offered by the Site constitutes
your acceptance of these Website Terms of Service (“Terms”).
The Site is owned and operated by David Parkinson, a software developer,
(the “Company”). The Site enables its users to create various email autoresponses
created by the Site user (“you” “your” or “User”)
and delivered via third party email providers (“email providers”) (collectively,
the “Service”). These Terms govern your relationship with
the Company in all matters including, without limitation, when you create
email autoresponses. The Company is in no way affiliated with Google Inc. or craigslist Inc.
Becoming a User
You must sign up on the Site to become a User. Once you have signed
up as a User, you must create a user ID based on your personal
information. Here’s how it works: you create an account by providing
your full name, zip code, country of residence, and email address.
Then you choose a password. The system saves the user-created account,
including your password, and your email address, which are used for
logging into the Site and accessing the Service. Please email us at
support@craigslistautoresponder.com if you believe that your login information
has been compromised. Company reserves the right
to terminate your use of the Service at any time and for any reason,
in Company’s sole discretion
Creating Your Own Email Autoresponses
The Site provides users with a “self-serve” craiglist autoresponder service,
under which you can use online tools provided by the Company to create
emails that are sent through your GMail account. The Site is in no way responsible
for how you use the service. Emails are sent through your email account and it is your responsibility
to comply with any laws that may be applicable within your area. The service is currently $40.00 per month
for unlimited usage for one account.
The Company reserves the right to change this policy at any time.
You are solely responsible
for developing, creating, editing, reviewing, and otherwise controlling
the Content. You agree and acknowledge that the Company is serving as
a passive conduit for the distribution of the Content, and that the
Company is not responsible for reviewing the content of the User-Created
autoresponses or the Content to determine whether such Content may result in liability
to you or to third parties. The Company is not liable for errors in
the content or format of the User-Created email autoresponses, errors in creating
emails, or typographical errors of any kind (“Content
Errors”); you are responsible for proofreading the User-Created
autoresponses prior to submitting them to our website. Finally, you also agree
to abide by the craigslist terms of service.
Payment
The current license fee is $40.00/month for unlimited usage for
one account. Email david@keenscreen.com for bulk inquiries.
.
Representations and Warranties
You represent and warrant that you have a reasonable basis for all claims made by or within User-Created autoresponses, possess appropriate documentation to substantiate such claims and shall fulfill all commitments made in such User-Created autoresponses.
You represent and warrant that you will not: (i) use this Site in any way that infringes or contributes to the infringement of any intellectual property rights or privacy rights of others or that is defamatory, harmful, abusive, threatening or false; (ii) use this Site in a manner that violates any applicable laws, rules or regulations, whether federal, state or local or those of any foreign jurisdiction, nor may you use this Site in a way for unlawful purposes or to promote any unlawful activities; (iii) interfere or attempt to interfere in any manner with the proper working of this Site; (iv) impersonate another person or solicit passwords or personally identifying information from other users; (v) sell or modify this Site’s content or reproduce, republish, display, publicly perform, distribute, or otherwise use this Site or its content in any way for any public or commercial purpose; (vi) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Site or its content; (vii) contain or promote viruses, obscene, abusive, violent, bigoted, or hate-oriented content or conduct in User-Created autoresponses or on your website. You acknowledge that the Company does not represent, warrant, or make any specific or implied promises as to the successful outcome of any advertising obtained through the Service.
Violation of these Terms may
result in immediate termination of your use of this Site.
You are solely responsible
for the development, operation and maintenance of the User Website
and for any and all materials that appear therein. Such responsibilities
include, without limitation: (i) the technical operation of the User
Website and all related equipment; (ii) creating and posting content,
descriptions and references on or through the User Website; and
(iii) the accuracy and propriety of materials posted on or through the
User Website. You will not to engage in any illegal activity, whatsoever.
You will display Content exactly as it is made available to you in connection
with the Service and you will not alter in any way any Content that
has been made available to you by and through the Site.
Indemnification.
You agree to indemnify, defend and hold Company, its parents, Users
and/or subsidiaries, and each of their respective officers, partners,
members, managers, employees, agents and attorneys, harmless from and
against any and all claims, allegations, liabilities, costs and expenses
(including reasonable attorneys' fees) arising out of or related to:
(a) your improper use of the Site; (b) any third party claim related
to your User Website and/or your marketing practices; (c) Any content,
goods or services offered, sold or otherwise made available by you on
or through the User Website; (d) any claim that Company is obligated
to pay any taxes in connection with payment made to you in connection
with these Terms; (e) breach or violation of these Terms and/or any
representation or warranty contained herein; and/or (f) your use of
the Service.
Termination
You may terminate your
agreement to the Terms at any time by ceasing use of the Site and the
Service or by notifying the Company at support AT craigslistautoresponder.com
The Company reserves
the right to terminate your access to the Service at any time for any
reason, including without limitation your failure to comply with the
Terms or any rules or policies on the Site. Any amounts due to the Company
by you will be immediately due and payable upon such termination. You
will be paid in accordance with the “Payment” section above for
any Ad Network autoresponses displayed on your site prior to termination.
No Responsibility
The Company assumes no liability
for or relating to the delay, failure, interruption or corruption of
any data or other information transmitted in connection with use of
this Site. We are not liable for any lost data resulting from the access,
use and operation of this Site and/or the enforcement of these Terms.
The entire risk arising out of the use or performance of this Site remains
with you. You
remain solely responsible for the User-Created Content you create, transmit
through, or link from this Site and you agree to indemnify and hold
us harmless with respect to any claim based upon transmission or the
content of your Content or materials or any other claim arising out
of your use of this Site. We reserve the right to reveal your identity
in the event of a complaint or legal action arising from your Content,
materials, or use of this Site.
Limitations on the Company's
Liability
DISCLAIMERS OF WARRANTIES:
THE COMPANY DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE
OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR
OTHER HARMFUL MATERIALS. IF YOUR USE OF THIS SITE OR ITS CONTENT RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY
IS NOT RESPONSIBLE FOR THOSE COSTS. THIS SITE AND THE SERVICES ARE PROVIDED
ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING
THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS,
AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS. [Without
limiting the generality of the foregoing, the Company specifically disclaims
any warranty regarding (i) the number of clicks on any autoresponses, the timing
of delivery of such clicks, or the amount of any payment to be made
to User; or (ii) continuous or uninterrupted service and/or availability
of the Service.]
DISCLAIMER OF CONSEQUENTIAL
DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER
THE COMPANY NOR ITS MEMBERS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS,
AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF
THIS SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH
THIS SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY:
IF YOU ARE DISSATISFIED WITH THIS SITE, THE SERVICE OR ANY PORTION THEREOF,
YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE.
Proprietary Rights
clautoresponder™ and our logo pictured to the right
are trademarks of the Company, protected under state, U.S., and foreign
laws. Except where otherwise indicated, the content featured or
displayed on this Site, including, but not limited to, text, graphics,
photographs, images, moving images, sound, illustrations and software,
belong to the Company, its licensors and its content providers, and
is protected by copyright, trade dress, moral rights, trademark and
other laws relating to intellectual property rights, to the fullest
extent applicable under state, U.S., and foreign laws. Unauthorized
use of the materials available on this Site could subject you to liability
under copyright, trademark, trade dress, unfair competition, and other
laws of the United States. Other parties’ trademarks used, depicted
or identified on this Site are the property of their respective owners,
used here by permission, and may be registered in one or more countries.
Use on this Site of the trademark(s) of any other party is not intended
to imply the Company’s affiliation with or endorsement of that party,
or that party’s sponsorship or endorsement of the Company, its products
or services.
Third-Party Advertisers and Websites
This Site may contain advertising. Advertisers are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. We are not responsible for advertisers’ materials, and make no representation with respect to the goods and services advertised or the legality or accuracy of such advertising.
This Site may contain links
to websites not operated or maintained by the Company. The Company is
not responsible for the content of the websites of others and makes
no representation regarding the content or accuracy of materials on
such websites. If you decide to access linked third-party websites,
you do so at your own risk, and waive any and all claims against the
Company regarding the inclusion of links to outside websites or your
use of those websites.
Governing Law and Venue
This Agreement shall be interpreted,
construed and governed by the laws of the State of Washington, USA,
without reference to its laws relating to conflicts of law. Venue for
all disputes arising under this Agreement shall lie exclusively in the
Superior Courts of the State of Washington in King County or the Federal
District Courts of the Western District of Washington (as permitted
by law), and you agree not to contest the personal jurisdiction of these
courts. Company shall be entitled to an award of its reasonable costs
and expenses, including attorneys' fees, in any action or proceeding
arising out of this Agreement in which the Company is the prevailing
or substantially prevailing party.
Enforcement
Should any clause of these
Terms be found unenforceable, this will not affect any other clause
and each will remain in full force and effect. The Company’s failure
to expressly enforce any provision of these Terms does not waive its
rights to enforce that or any other provision.
Changes
Company reserves the right
to make changes to the Site, the Service and the Website Terms of Service
at any time. Your continued use of the Site and/or the Service after
any such modification constitutes your consent to and acceptance of
such modification. Therefore, you should regularly check the Site for
updates and/or changes. Further, we reserve the right to change or discontinue
any aspect or feature of this Site at any time.
© 2008 craigslistautoresponder.com. All rights reserved.