Craigsflagger Terms of Use (TOU)

1. ACCEPTANCE OF TERMS

craigsflagger.net provides a collection of online resources, software, plugins, operating systems, websites and templates including various classified
ads assistance, 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 craigsflagger.net services, you agree to abide by any applicable posted
guidelines for all craigsflagger.net 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 craigsflagger.net
in any way, your only recourse is to immediately discontinue use of craigsflagger.net.
craigsflagger.net has the right, but is not obligated, to strictly enforce the TOU
through self-help, 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:

3. CONTENT

The content on our site is to the best of out knowledge up to date,
authentic and factual in every respect and in no way misleading, or
exaggerated.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The craigsflagger.net site and Content available through the Service may contain
features and functionality that may link you or provide you with access
to third party content which is completely independent of craigsflagger.net,
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 craigsflagger.net 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 and any third
party, you understand and agree that craigsflagger.net is under no obligation to
become involved. In the event that you have a dispute with one or more other
websites linked, you hereby release craigsflagger.net, 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. PRIVACY AND INFORMATION DISCLOSURE

craigsflagger.net has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following link:

6. 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 craigsflagger.net. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of craigsflagger.net, 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. craigsflagger.net is copyright protected.

7. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE craigsflagger.net SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE craigsflagger.net 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,
craigsflagger.net DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE craigsflagger.net SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, craigsflagger.net DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
craigsflagger.net SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE craigsflagger.net SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, craigsflagger.net
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE craigsflagger.net 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.

8. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL craigsflagger.net BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF craigsflagger.net
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE craigsflagger.net SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE craigsflagger.net SITE OR THE SERVICE, FROM
INABILITY TO USE THE craigsflagger.net SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE craigsflagger.net 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 craigsflagger.net SITE OR THE SERVICE OR ANY
LINKS ON THE craigsflagger.net SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE craigsflagger.net SITE
OR THE SERVICE OR ANY LINKS ON THE craigsflagger.net 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.

9. INDEMNITY

You agree to indemnify and hold craigsflagger.net, 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.

10. GENERAL INFORMATION

The TOU constitute the entire agreement between you and craigsflagger.net and
govern your use of the Service, superseding any prior agreements between you
and craigsflagger.net. The TOU and the relationship between you and craigsflagger.net
shall be governed by the laws of the State of New York without regard to
its conflict of law provisions. You and craigsflagger.net agree to submit to the
personal and exclusive jurisdiction of the courts located within the state
of New York, California. The failure of craigsflagger.net 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.

11. SUPPORT/UPDATES

Updates may be granted for a period of 6 months from the date purchased.
Failing to follow the directions of our support staff, may include;
a. suspension of membership until compliance has been fulfilled
b. cancellation and or deactivation of membership and or software
c. cancellation of any remaining update term, thus requiring repurchase
d. Banishment from any and all craigsflagger software and associated software

The sole discretion lies with craigsflagger support attendants to administer the software
and membership and update privileges or sanctions. Failing to fulfill their requests
is done entirely at your own risk, and constitutes a violation of our terms of use.

12. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for craigsflagger.net to pursue legal action to enforce these
Terms, you will be liable to pay craigsflagger.net the following amounts as liquidated
damages, which you accept as reasonable estimates of craigsflagger.nets’ damages for
the specified breaches of these Terms:

a. If you send unsolicited email advertisements to craigsflagger.net email
addresses or through craigsflagger.net computer systems, you agree to pay
craigsflagger.net twenty five dollars ($250) for each such email.

b. 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 craigsflagger.net express written permission,
you agree to pay craigsflagger.net fifty thousand dollars ($50,000) for each day
on which you engage in such conduct.

Otherwise, you agree to pay craigsflagger.net actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other
provision of these Terms, craigsflagger.net 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.

13. ENTITLEMENTS

You are entitled to one license per purchase. One license per machine.
You are also entitled to what is written in these terms, and further clarified
in our members help section. As mentioned in above term #2, these may change at our sole discretion.

Software & Tutorials License:

1. GRANT OF LICENSE

1.1 Rights and Limitations of Grant. craigsflagger.net hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE & or TUTORIALS, with the following limitations:

1.1.1 Rights. Customer may install one time only and use one copy only of the SOFTWARE & or TUTORIALS on a single computer, and may not otherwise copy the SOFTWARE & or TUTORIALS. This LICENSE of SOFTWARE & or TUTORIALS may not be shared or used on different computers.

1.2 Members may have ONLY 1 active membership account.

1.3 Our software due to it’s nature is sold by the successful download which is directly installed by our server. If you need to replace/reinstall it for any other reason than a Craigslist update, you are required to re-purchase the software. Discounts may be applied at the sole discretion of customer service.

2.1.3 Limitations.

No Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code.

No reverse engineering any part of our website whatsoever.

No Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts.

No Rental. Customer may not rent or lease the SOFTWARE to someone else.

3. TERMINATION

This LICENSE will automatically terminate, membership will terminate, and software will be disabled if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts.

Defensive Suspension. If Customer commences or participates in any legal proceeding against craigsflagger.net, then craigsflagger.net may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.

4. COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by craigsflagger.net, or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions.

5. APPLICABLE LAW

This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND CRAIGSFLAGGER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHERWHETHER EXPRESS OR, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE. , TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, you are solely responsible for determining and verifying that the SOFTWARE that you obtain and install is the appropriate version for your operating system.

6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL craigsflagger.net OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CRAIGSFLAGGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. MISCELLANEOUS

If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of craigsflagger.net. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Industry and Security or any export laws, restrictions or regulations.

8.ALTERNATE CONTENT

If you have downloaded a copy of our software to more than one computer, or shared your software, we are not responsible or liable for the stolen software. Our system is set up to serve an alternate version to persons who are stealing or “sharing” as you may call it. This alternate version does not harm your computer, but it will not function as you expected. Our system is also set up to automatically disable software and associated accounts and memberships should it sense a breach of our anti-piracy security measures. We are not responsible for nor do we support any issues that may arise from the use of stolen software.