Terms

SELLMYAPPLICATION.COM TERMS OF USE

1. ACCEPTANCE OF TERMS 

sellmyapplication.com provides a collection of online resources,
including classifiedads, 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 sellmyapplication.com services,
you agree to abide by any applicable posted guidelines for all
sellmyapplication.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 sellmyapplication.com in any way, your only recourse 
is to immediately discontinue use of sellmyapplication.com. 
Sellmyapplication.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.sellmyapplication.com/terms 

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, comment, or otherwise
make available via the Service. You understand that sellmyapplication.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 sellmyapplication.com
site and Content available through the Service may contain links to
other websites, which are completely independent of sellmyapplication.com.
Sellmyapplication 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 sellmyapplication.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 sellmyapplication.com
does not pre-screen or approve Content, but that sellmyapplication.com
shall have the right (but not the obligation) in its sole discretion to refuse,
delete, modify, 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 sellmyapplication.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 sellmyapplication.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 sellmyapplication.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 sellmyapplication.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 sellmyapplication.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. 

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 sellmyapplication.com's
agent for notice of claims of copyright or other intellectual property
infringement ("Agent"), at contact@sellmyapplication.com
Please provide our Agent with the following Notice:

a) Identify the material on the sellmyapplication.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. 

Sellmyapplication.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 

Sellmyapplication.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.sellmyapplication.com/privacy_policy

Your use of the sellmyapplication.com website or the Service signifies
acknowledgement of and agreement to our Privacy Policy.
You further acknowledge and agree that sellmyapplication.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 sellmyapplication, 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;

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; 
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 sellmyapplication.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 sellmyapplication.com sites which are
not designated for such purposes; or emailed to sellmyapplication.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 Massachusetts law.

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 sellmyapplication.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.

x) attempt to gain unauthorized access to sellmyapplication.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 sellmyapplication.com website; or

y) use any form of automated device or computer program that enables
the submission of postings on sellmyapplication.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 sellmyapplication'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 sellmyapplication.com's resources, you may not use a Posting
Agent to post Content to the Service without express permission or
license from sellmyapplication.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 sellmyapplication.com.

9. NO SPAM POLICY

You understand and agree that sending unsolicited email
advertisements to sellmyapplication.com email addresses or through
sellmyapplication.com computer systems, which is expressly prohibited 
by these Terms, will use or cause to be used servers located in Massachusetts.
Any unauthorized use of sellmyapplication.com computer systems is a violation of
these Terms and certain federal and state laws. 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.  If a refund is requested we will
review the case and issue refunds on a case by case basis.

11. LIMITATIONS ON SERVICE

You acknowledge that sellmyapplication.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 sellmyapplication.com has no responsibility
or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that sellmyapplication.com
reserves the right at any time to modify or discontinue
the Service (or any part thereof) with or without notice, and that 
sellmyapplication.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 
Sellmyapplication.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 sellmyapplication.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. sellmyapplication.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 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 sellmyapplication.com to do so.  You may also create a hyperlink to
the home page of sellmyapplication.com sites so long as the link does not
portray sellmyapplication.com, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter. 
Sellmyapplication.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. 
Sellmyapplication.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 'sellmyapplication.com' as the source,
(d) your use or display does not suggest that sellmyapplication.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 sellmyapplication.com's
systems. Sellmyapplication.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 Sellmyapplication.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 sellmyapplication.com.

13. TERMINATION OF SERVICE

You agree that sellmyapplication.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 sellmyapplication.com believes that you have acted inconsistently with the
letter or spirit of the TOU. Further, you agree that sellmyapplication.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
sellmyapplication.com. You further agree not to reproduce, duplicate or copy
Content from the Service without the express written consent of 
sellmyapplication.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. 

Although sellmyapplication.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 sellmyapplication.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 sellmyapplication.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 SELLMYAPPLICATION SITE AND THE SERVICE IS ENTIRELY
AT YOUR OWN RISK. THE SELLMYAPPLICATION 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, SELLMYAPPLICATION
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SELLMYAPPLICATION.COM SITE AND THE
SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, SELLMYAPPLICATION
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE SELLMYAPPLICATION.COM SITE OR THE SITES OR SERVICE,
OR ACCESSED THROUGH ANY LINKS ON THE SELLMYAPPLICATION.COM SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, SELLMYAPPLICATION.COM
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE SELLMYAPPLICATION 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 SELLMYAPPLICATION BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF SELLMYAPPLICATION HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SELLMYAPPLICATION
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF THE SELLMYAPPLICATION SITE OR THE SERVICE, FROM INABILITY TO USE
THE SELLMYAPPLICATION.COM SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SELLMYAPPLICATION.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 SELLMYAPPLICATION
SITE OR THE SERVICE OR ANY LINKS ON THE SELLMYAPPLICATION.COM SITE,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED IN CONNECTION WITH THE SELLMYAPPLICATION.COM
SITE OR THE SERVICEOR ANY LINKS ON THE LISTMYSITE 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 sellmyapplication.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 sellmyapplication.com
and govern your use of the Service, superceding any prior agreements
between you and sellmyapplication.com. The TOU and the relationship between you
and sellmyapplication shall be governed by the laws of the State of
Massachusetts without regard to its conflict of law provisions. The
failure of sellmyapplication.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: 

contact@sellmyapplication.com

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 sellmyapplication.com to pursue legal
action to enforce these Terms, you will be liable to pay sellmyapplication.com
the following amounts as liquidated damages, which you accept as reasonable
estimates of sellmyapplication.com 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 sellmyapplication.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 sellmyapplication.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 sellmyapplication.com one hundred dollars ($100) for
each message posted in excess of such limits or for each day on
which you access sellmyapplication.com in excess of such limits, whichever is
higher.

c. If you send unsolicited email advertisements to sellmyapplication.com email
addresses or through sellmyapplication.com computer systems, you agree 
to pay sellmyapplication.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 sellmyapplication.com one hundred dollars
($100) for each Item of Content posted.  In its sole discretion, sellmyapplication.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 sellmyapplication.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 
sellmyapplication.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 sellmyapplication.com's
expressed written permission, you agree to pay sellmyapplication.com
three thousand dollars ($3,000) for each day on which you engage
in such conduct.

Otherwise, you agree to pay sellmyapplication.com's actual damages, 
to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these Terms, 
sellmyapplication.com retains the right to seek the remedy of 
specific performance of any term contained in these Terms, or a 
preliminary or permanent injunction against the breach of any such
term or in aid of the exercise of any power granted in these Terms,
or any combination thereof.

20. FEEDBACK

We welcome your questions and comments on this document in the list
myapp feedback forum:

http://www.sellmyapplication.com/forums