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1. ACCEPTANCE OF TERMS
Saddlebackmembersbulletinboard.com provides a collection of
online resources, including classified ads, forums, and various
email services, (referred to hereafter as "the Service ")
subject to the following Terms of Use ( "TOU "). By using the
Service in any way, you are agreeing to comply with the TOU. In
addition, when using particular
Saddlebackmembersbulletinboard.com services, you agree to abide
by any applicable posted guidelines for all
Saddlebackmembersbulletinboard.com services, which may change
from time to time. Should you object to any term or condition of
the TOU, any guidelines, or any subsequent modifications thereto
or become dissatisfied with Saddlebackmembersbulletinboard.com
in any way, your only recourse is to immediately discontinue use
of Saddlebackmembersbulletinboard.com.
Saddlebackmembersbulletinboard.com has the right, but is not
obligated, to strictly enforce the TOU through self-help,
community moderation, active investigation, litigation and
prosecution.
2. MODIFICATIONS TO THIS AGREEMENT We reserve the right, at our
sole discretion, to change, modify or otherwise alter these
terms and conditions at any time. Such modifications shall
become effective immediately upon the posting thereof. You must
review this agreement on a regular basis to keep yourself
apprised of any changes. You can find the most recent version of
the TOU at:
http://www.Saddlebackmembersbulletinboard.com/about/terms.of.use.html
3. CONTENT 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 each individual item ( "Item ") of Content that
you post, email or otherwise make available via the Service. You
understand that Saddlebackmembersbulletinboard.com 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
Saddlebackmembersbulletinboard.com site and Content available
through the Service may contain links to other websites, which
are completely independent of Saddlebackmembersbulletinboard.com
. Saddlebackmembersbulletinboard.com 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 webites 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 Saddlebackmembersbulletinboard.com 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 Saddlebackmembersbulletinboard.com does not
pre-screen or approve Content, but that
Saddlebackmembersbulletinboard.com 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 TOU or for any other
reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES The
Saddlebackmembersbulletinboard.com site and Content available
through the Service may contain features and functionalities
that may link you or provide you with access to third party
content which is completely independent of
Saddlebackmembersbulletinboard.com , including web sites,
directories, servers, networks, systems, information and
databases, applications, software, programs, products or
services, and the Internet as a whole. 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 should make whatever
investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of
these third parties. You agree that
Saddlebackmembersbulletinboard.com 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 Saddlebackmembersbulletinboard.com is
under no obligation to become involved. In the event that you
have a dispute with one or more other users, you hereby release
Saddlebackmembersbulletinboard.com , 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. "
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT If you believe that
your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please notify
Saddlebackmembersbulletinboard.com 's agent for notice of claims
of copyright or other intellectual property infringement (
"Agent "), at
abuse@Saddlebackmembersbulletinboard.com or: Copyright
Agent Saddlebackmembersbulletinboard.com the Law Group of
Jonathan R. Ellowitz 26070 Towne Centre Dr. Foothill Ranch, CA
92610 Please provide our Agent with the following Notice: a)
Identify the material on the Saddlebackmembersbulletinboard.com
site that you claim is infringing, with enough detail so that we
may locate it on the website; b) A statement by you that you
have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; c) A statement by
you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the
owner of the copyright interest involved or that you are
authorized to act on behalf of that owner; d) Your address,
telephone number, and email address; and e) Your physical or
electronic signature. Saddlebackmembersbulletinboard.com will
remove the infringing posting(s), subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
Saddlebackmembersbulletinboard.com has established a Privacy
Policy to explain to users how their information is collected
and used, which is located at the following web address:
http://www.Saddlebackmembersbulletinboard.com/about/privacy_policy
Your use of the Saddlebackmembersbulletinboard.com website or
the Service signifies acknowledgement of and agreement to our
Privacy Policy. You further acknowledge and agree that
Saddlebackmembersbulletinboard.com may, in its sole discretion,
preserve or disclose your Content, as well as your information,
such as email addresses, IP addresses, timestamps, 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 the TOU;
respond to claims that any Content violates the rights of
third-parties; respond to claims that contact information (e.g.
phone number, street address) of a third-party has been posted
or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of
Saddlebackmembersbulletinboard.com , its users or the general
public.
7. CONDUCT You agree not to post, email, or otherwise make
available Content: a) that is unlawful, harmful, threatening,
abusive, harassing, defamatory, libelous, invasive of another's
privacy, or is harmful to minors in any way; b) that is
pornographic or depicts a human being engaged in actual sexual
conduct including but not limited to (i) sexual intercourse,
including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex,
or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals
or pubic area of any person; c) 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; d) that
violates the Fair Housing Act by stating, in any notice or ad
for the sale or rental of any dwelling, a discriminatory
preference based on race, color, national origin, religion, sex,
familial status or handicap (or violates any state or local law
prohibiting discrimination on the basis of these or other
characteristics); e) that violates federal, state, or local
equal employment opportunity laws, including but not limited to,
stating in any advertisement for employment a preference or
requirement based on race, color, religion, sex, national
origin, age, or disability. f) with respect to employers that
employ four or more employees, that violates the
anti-discrimination provision of the Immigration and Nationality
Act, including requiring U.S. citizenship or lawful permanent
residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law,
regulation, executive order, or federal, state, or local
government contract. g) that impersonates any person or entity,
including, but not limited to, a
Saddlebackmembersbulletinboard.com employee, or falsely states
or otherwise misrepresents your affiliation with a person or
entity (this provision does not apply to Content that
constitutes lawful non-deceptive parody of public figures.); h)
that includes personal or identifying information about another
person without that person's explicit consent; i) that is false,
deceptive, misleading, deceitful, misinformative, or constitutes
"bait and switch "; j) 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;
k) that constitutes or contains "affiliate marketing, " "link
referral code, " "junk mail, " "spam, " "chain letters, "
"pyramid schemes, " or unsolicited commercial advertisement; l)
that constitutes or contains any form of advertising or
solicitation if: posted in areas of the
Saddlebackmembersbulletinboard.com sites which are not
designated for such purposes; or emailed to
Saddlebackmembersbulletinboard.com users who have not indicated
in writing that it is ok to contact them about other services,
products or commercial interests. m) that includes links to
commercial services or web sites, except as allowed in "services
"; n) that advertises any illegal service or the sale of any
items the sale of which is prohibited or restricted by any
applicable law, including without limitation items the sale of
which is prohibited or regulated by California law. A partial
list of prohibited items for sale and prohibited services
offered is provided at the following web address for your
convenience:
http://Saddlebackmembersbulletinboard.com/about/prohibited.items.html
o) 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; p) that disrupts the normal flow
of dialogue with an excessive amount of Content (flooding
attack) to the Service, or that otherwise negatively affects
other users' ability to use the Service; or q) 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: r) contact anyone who has asked not to be contacted, or
make unsolicited contact with anyone for any commercial purpose;
s) "stalk " or otherwise harass anyone; t) collect personal data
about other users for commercial or unlawful purposes; u) use
automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from the Service -
unless expressly permitted by Saddlebackmembersbulletinboard.com
; v) post non-local or otherwise irrelevant Content, repeatedly
post the same or similar Content or otherwise impose an
unreasonable or disproportionately large load on our
infrastructure; w) post the same item or service in more than
one classified category or forum, or in more than one
metropolitan area; x) attempt to gain unauthorized access to
Saddlebackmembersbulletinboard.com '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 Saddlebackmembersbulletinboard.com
website; or y) use any form of automated device or computer
program that enables the submission of postings on
Saddlebackmembersbulletinboard.com without each posting being
manually entered by the author thereof (an "automated posting
device "), including without limitation, the use of any such
automated posting device to submit postings in bulk, or for
automatic submission of postings at regular intervals. z) use
any form of automated device or computer program ( "flagging
tool ") that enables the use of
Saddlebackmembersbulletinboard.com 's "flagging system " or
other community moderation systems without each flag being
manually entered by the person that initiates the flag (an
"automated flagging device "), or use the flagging tool to
remove posts of competitors, or to remove posts without a good
faith belief that the post being flagged violates these TOU;
8. POSTING AGENTS A "Posting Agent " is a third-party agent,
service, or intermediary that offers to post Content to the
Service on behalf of others. To moderate demands on
Saddlebackmembersbulletinboard.com 's resources, you may not use
a Posting Agent to post Content to the Service without express
permission or license from Saddlebackmembersbulletinboard.com .
Correspondingly, Posting Agents are not permitted to post
Content on behalf of others, to cause Content to be so posted,
or otherwise access the Service to facilitate posting Content on
behalf of others, except with express permission or license from
Saddlebackmembersbulletinboard.com .
9. NO SPAM POLICY You understand and agree that sending
unsolicited email advertisements to
Saddlebackmembersbulletinboard.com email addresses or through
Saddlebackmembersbulletinboard.com computer systems, which is
expressly prohibited by these Terms, will use or cause to be
used servers located in California. Any unauthorized use of
Saddlebackmembersbulletinboard.com computer systems is a
violation of these Terms and certain federal and state laws,
including without limitation the Computer Fraud and Abuse Act
(18 U.S.C. ยง 1030 et seq.), Section 502 of the California Penal
Code and Section 17538.45 of the California Business and
Professions Code. Such violations may subject the sender and his
or her agents to civil and criminal penalties.
10. PAID POSTINGS We may charge a fee to post Content in some
areas of the Service. The fee is an access fee permitting
Content to be posted in a designated area. Each party posting
Content to the Service is responsible for said Content and
compliance with the TOU. All fees paid will be non-refundable in
the event that Content is removed from the Service for violating
the TOU.
11. LIMITATIONS ON SERVICE You acknowledge that
Saddlebackmembersbulletinboard.com 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
Saddlebackmembersbulletinboard.com has no responsibility or
liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that
Saddlebackmembersbulletinboard.com reserves the right at any
time to modify or discontinue the Service (or any part thereof)
with or without notice, and that
Saddlebackmembersbulletinboard.com shall not be liable to you
or to any third party for any modification, suspension or
discontinuance of the Service.
12. ACCESS TO THE SERVICE Saddlebackmembersbulletinboard.com
grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use. This license does not
include: (a) access to the Service by Posting Agents; or (b) any
collection, aggregation, copying, duplication, display or
derivative use of the Service nor any use of data mining,
robots, spiders, or similar data gathering and extraction tools
for any purpose unless expressly permitted by
Saddlebackmembersbulletinboard.com . A limited exception to (b)
is provided to general purpose internet search engines and
non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the
Service, provided they each do so from a stable IP address or
range of IP addresses using an easily identifiable agent and
comply with our robots.txt file. "General purpose internet
search engine " does not include a website or search engine or
other service that specializes in classified listings or in any
subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing
classified ad listing services.
Saddlebackmembersbulletinboard.com permits you to display on
your website, or create a hyperlink on your website to,
individual postings on the Service so long as such use is for
noncommercial and/or news reporting purposes only (e.g., for use
in personal web blogs or personal online media). If the total
number of such postings displayed or linked to on your website
exceeds one hundred (100) postings, your use will be presumed to
be in violation of the TOU, absent express permission granted by
Saddlebackmembersbulletinboard.com to do so. You may also create
a hyperlink to the home page of
Saddlebackmembersbulletinboard.com sites so long as the link
does not portray Saddlebackmembersbulletinboard.com , its
employees, or its affiliates in a false, misleading, derogatory,
or otherwise offensive matter.
Saddlebackmembersbulletinboard.com offers various parts of the
Service in RSS format so that users can embed individual feeds
into a personal website or blog, or view postings through third
party software news aggregators.
Saddlebackmembersbulletinboard.com permits you to display,
excerpt from, and link to the RSS feeds on your personal website
or personal web blog, provided that (a) your use of the RSS feed
is for personal, non-commercial purposes only, (b) each title is
correctly linked back to the original post on the Service and
redirects the user to the post when the user clicks on it, (c)
you provide, adjacent to the RSS feed, proper attribution to 'Saddlebackmembersbulletinboard.com
' as the source, (d) your use or display does not suggest that
Saddlebackmembersbulletinboard.com promotes or endorses any
third party causes, ideas, web sites, products or services, (e)
you do not redistribute the RSS feed, and (f) your use does not
overburden Saddlebackmembersbulletinboard.com 's systems.
Saddlebackmembersbulletinboard.com reserves all rights in the
content of the RSS feeds and may terminate any RSS feed at any
time. Use of the Service beyond the scope of authorized access
granted to you by Saddlebackmembersbulletinboard.com immediately
terminates said permission or license. In order to collect,
aggregate, copy, duplicate, display or make derivative use of
the the Service or any Content made available via the Service
for other purposes (including commercial purposes) not stated
herein, you must first obtain a license from
Saddlebackmembersbulletinboard.com .
13. TERMINATION OF SERVICE You agree that
Saddlebackmembersbulletinboard.com , 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 Saddlebackmembersbulletinboard.com believes that
you have acted inconsistently with the letter or spirit of the
TOU. Further, you agree that Saddlebackmembersbulletinboard.com
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 10-16 shall survive termination of the TOU.
14. 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 site or the collective work, and/or
copying or reproducing the sites or any portion thereof to any
other server or location for further reproduction or
redistribution is prohibited without the express written consent
of Saddlebackmembersbulletinboard.com . You further agree not to
reproduce, duplicate or copy Content from the Service without
the express written consent of
Saddlebackmembersbulletinboard.com , 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. SADDLEBACKMEMBERSBULLETINBOARD.COM is a
registered mark in the U.S. Patent and Trademark Office.
Although Saddlebackmembersbulletinboard.com does not claim
ownership of content that its users 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
Saddlebackmembersbulletinboard.com 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. Furthermore, by posting
Content to any public area of the Service, you automatically
grant Saddlebackmembersbulletinboard.com all rights necessary to
prohibit any subsequent aggregation, display, copying,
duplication, reproduction, or exploitation of the Content on the
Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE
SADDLEBACKMEMBERSBULLETINBOARD.COM SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE
SADDLEBACKMEMBERSBULLETINBOARD.COM 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, SADDLEBACKMEMBERSBULLETINBOARD.COM DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE
SADDLEBACKMEMBERSBULLETINBOARD.COM SITE AND THE SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW,
SADDLEBACKMEMBERSBULLETINBOARD.COM DISCLAIMS ANY WARRANTIES FOR
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
SADDLEBACKMEMBERSBULLETINBOARD.COM SITE OR THE SITES OR SERVICE,
OR ACCESSED THROUGH ANY LINKS ON THE
SADDLEBACKMEMBERSBULLETINBOARD.COM SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, SADDLEBACKMEMBERSBULLETINBOARD.COM DISCLAIMS
ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE SADDLEBACKMEMBERSBULLETINBOARD.COM 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.
16. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL
SADDLEBACKMEMBERSBULLETINBOARD.COM BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF SADDLEBACKMEMBERSBULLETINBOARD.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE SADDLEBACKMEMBERSBULLETINBOARD.COM
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF THE SADDLEBACKMEMBERSBULLETINBOARD.COM SITE OR THE
SERVICE, FROM INABILITY TO USE THE
SADDLEBACKMEMBERSBULLETINBOARD.COM SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE SADDLEBACKMEMBERSBULLETINBOARD.COM 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
SADDLEBACKMEMBERSBULLETINBOARD.COM SITE OR THE SERVICE OR ANY
LINKS ON THE SADDLEBACKMEMBERSBULLETINBOARD.COM SITE, AS WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE
SADDLEBACKMEMBERSBULLETINBOARD.COM SITE OR THE SERVICE OR ANY
LINKS ON THE SADDLEBACKMEMBERSBULLETINBOARD.COM SITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
17. INDEMNITY You agree to indemnify and hold
Saddlebackmembersbulletinboard.com , 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 TOU, your breach of any of
the representations and warranties herein, or your violation of
any rights of another.
18. GENERAL INFORMATION The TOU constitute the entire agreement
between you and Saddlebackmembersbulletinboard.com and govern
your use of the Service, superceding any prior agreements
between you and Saddlebackmembersbulletinboard.com . The TOU and
the relationship between you and
Saddlebackmembersbulletinboard.com shall be governed by the
laws of the State of California without regard to its conflict
of law provisions. You and Saddlebackmembersbulletinboard.com
agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of San Francisco,
California. The failure of Saddlebackmembersbulletinboard.com to
exercise or enforce any right or provision of the TOU shall not
constitute a waiver of such right or provision. If any provision
of the TOU 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 TOU 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 TOU must be filed
within one (1) year after such claim or cause of action arose or
be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any
violations of the TOU, by flagging the posting(s) for review, or
by emailing to:
abuse@Saddlebackmembersbulletinboard.com .org 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 it becomes necessary for
Saddlebackmembersbulletinboard.com to pursue legal action to
enforce these Terms, you will be liable to pay
Saddlebackmembersbulletinboard.com the following amounts as
liquidated damages, which you accept as reasonable estimates of
Saddlebackmembersbulletinboard.com s' damages for the specified
breaches of these Terms: 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 Saddlebackmembersbulletinboard.com one thousand
dollars ($1,000) for each such message. This provision does not
apply to Content that constitutes lawful non-deceptive parody of
public figures. b. If Saddlebackmembersbulletinboard.com
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 Saddlebackmembersbulletinboard.com one hundred
dollars ($100) for each message posted in excess of such limits
or for each day on which you access
Saddlebackmembersbulletinboard.com in excess of such limits,
whichever is higher. c. If you send unsolicited email
advertisements to Saddlebackmembersbulletinboard.com email
addresses or through Saddlebackmembersbulletinboard.com computer
systems, you agree to pay Saddlebackmembersbulletinboard.com
twenty five dollars ($25) for each such email. d. If you post
Content in violation of the TOU, other than as described above,
you agree to pay Saddlebackmembersbulletinboard.com one hundred
dollars ($100) for each Item of Content posted. In its sole
discretion, Saddlebackmembersbulletinboard.com may elect to
issue a warning before assessing damages. e. If you are a
Posting Agent that uses the Service in violation of the TOU, in
addition to any liquidated damages under clause (d), you agree
to pay Saddlebackmembersbulletinboard.com one hundred dollars
($100) for each and every Item you post in violation of the TOU.
A Posting Agent will also be deemed an agent of the party
engaging the Posting Agent to access the Service (the
"Principal "), and the Principal (by engaging the Posting Agent
in violation of the TOU) agrees to pay
Saddlebackmembersbulletinboard.com an additional one hundred
dollars ($100) for each Item posted by the Posting Agent on
behalf of the Principal in violation of the TOU. f. If you
aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own
Content) in violation of these Terms without
Saddlebackmembersbulletinboard.com 's express written
permission, you agree to pay Saddlebackmembersbulletinboard.com
three thousand dollars ($3,000) for each day on which you engage
in such conduct. Otherwise, you agree to pay
Saddlebackmembersbulletinboard.com 's actual damages, to the
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