The following describes the terms on which Calendar People, Inc., parent company
and owner of snosseL.com, offers you access to our services.
Introduction
Welcome to snosseL. By using the services on the snosseL websites (snosseL.com and
other related websites where this agreement appears) (the “Sites”), you are agreeing
to the following terms, including those available by hyperlink, (the "Agreement"
or "User Agreement") with Calendar People, Inc. and the general principles for the
websites of our subsidiaries and international affiliates. If you have any questions,
please refer to the Help section on the Sites.
Before you may become a member of snosseL, you must read and accept all of the terms
and conditions in, and linked to, this User Agreement and the Privacy Policy. We
strongly recommend that, as you read this User Agreement, you also access and read
the linked information. By accepting this User Agreement, you also agree that your
use of some snosseL-branded websites or websites we operate may be governed by separate
user agreements and privacy policies. The agreement that applies on any of our domains
and subdomains is always the agreement that appears in the footer of each website.
This Agreement is effective on June 1, 2008, for current users, and upon acceptance
for new users.
Using snosseL
While using the Sites, you will not:
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post content or items in an inappropriate category or areas on the Sites;
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violate any laws, third party rights, or our policies such as the
Prohibited and Restricted Services policies;
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use the Sites if you are not able to form legally binding contracts, are under the
age of 18, or are temporarily or indefinitely suspended from our Sites;
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fail to deliver payment for services purchased by you, unless the seller has materially
changed the service's description after registration, a clear typographical error
is made, or you cannot authenticate the seller's identity;
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fail to deliver services purchased from you, unless the buyer fails to meet the
posted terms, or you cannot authenticate the buyer's identity;
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interfere with other user's listings;
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circumvent or manipulate our fee structure, the billing process, or fees owed to
Calendar People, Inc;
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post false, inaccurate, misleading, defamatory, or libelous content (including personal
information);
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transfer your snosseL account and User ID to another party without our consent;
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distribute or post spam, chain letters, or pyramid schemes;
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distribute viruses or any other technologies that may harm snosseL, or the interests
or property of snosseL users;
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copy, modify, or distribute content from the Sites and Calendar People's copyrights
and trademarks; or
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harvest or otherwise collect information about users, including email addresses,
without their consent.
Abusing snosseL
Calendar People, Inc and the Community work together to keep the Sites working properly
and the Community safe. Please report problems, offensive content, and policy violations
to us.
Without limiting other remedies, we may limit, suspend, or terminate our service
and user accounts, prohibit access to our website, delay or remove hosted content,
and take technical and legal steps to keep users off the Sites if we think that
they are creating problems, possible legal liabilities, or acting inconsistently
with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed
accounts or accounts that have been inactive for a long time.
Fees and Services
Joining snosseL and registering for personal services is free. We do charge fees
for using other services, such as transaction processing. When you list an available
personal service item, you understand that should the buyer select to pay
via credit/debit card, you will be charged based on our
Fees schedule, which we may change from time to time. Changes to that Policy
are effective after we provide you with at least fourteen days' notice by posting
the changes on the Sites. We may choose to temporarily change the fees for our services
for promotional events or new services, and such changes are effective when we post
the temporary promotional event or new service on the Sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. Payment of all
fees and applicable taxes associated with the Sites will be withheld from transfers
occurring between Calendar People, Inc and you.
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you have in the content, in
any media known now or in the future.
Liability
You will not hold Calendar People, Inc. responsible for other users' actions or
inactions, including things they post. You acknowledge that we are not a traditional
marketplace. Instead, the Sites are a venue to allow anyone to offer, sell, and
buy just about anything, at anytime, from anywhere, in a variety of pricing formats
and venues. We are not involved in the actual transaction between buyers and sellers.
We have no control over and do not guarantee the quality, safety or legality of
services advertised, the truth or accuracy of listings, the ability of sellers to
sell services, the ability of buyers to pay for services, or that a buyer or seller
will actually complete a transaction.
We cannot guarantee continuous or secure access to our services, and operation of
the Sites may be interfered with by numerous factors outside of our control. Accordingly,
to the extent legally permitted, we exclude all implied warranties, terms and conditions.
We are not liable for any loss of money, goodwill, or reputation, or any special,
indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions
do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers
and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability
to you or to any third party is limited to the greater of (a) the total fees you
paid to us in the 12 months prior to the action giving rise to the liability, and
(b) $100.
Release
If you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code §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."
Access and Interference
The Sites contains robot exclusion headers. Much of the information on the Sites
is updated on a real-time basis and is proprietary or is licensed to snosseL by
our users or third parties. You agree that you will not use any robot, spider, scraper
or other automated means to access the Sites for any purpose without our express
written permission.
Additionally, you agree that you will not:
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take any action that imposes or may impose (in our sole discretion) an unreasonable
or disproportionately large load on our infrastructure;
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copy, reproduce, modify, create derivative works from, distribute, or publicly display
any content (except for Your Information) from the Sites without the prior expressed
written permission of Calendar People, Inc. and the appropriate third party, as
applicable;
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interfere or attempt to interfere with the proper working of the Sites or any activities
conducted on the Sites; or
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bypass our robot exclusion headers or other measures we may use to prevent or restrict
access to the Sites.
Privacy
We do not sell or rent your personal information to third parties for their marketing
purposes without your explicit consent. We use your information only as described
in the snosseL Privacy
Policy. We view protection of users' privacy as a very important community
principle. We store and process your information on computers located in the United
States that are protected by physical as well as technological security devices.
You can access and modify the information you provide us and choose not to receive
certain communications by signing-in to your account. We use third parties to verify
and certify our privacy principles. For a complete description of how we use and
protect your personal information, see the
snosseL Privacy Policy. If you object to your Information being transferred
or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries,
joint ventures and employees), harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your breach of
this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Calendar
People's national registered agent (in the case of Calendar People, Inc.) or to
the email address you provide to Calendar People, Inc. during the registration process
(in your case). Notice shall be deemed given 24 hours after email is sent, unless
the sending party is notified that the email address is invalid. Alternatively,
we may give you legal notice by mail to the address provided during the registration
process. In such case, notice shall be deemed given three days after the date of
mailing.
Resolution of Disputes
If a dispute arises between you and Calendar People, Inc., our goal is to provide
you with a neutral and cost effective means of resolving the dispute quickly. Accordingly,
you and Calendar People, Inc. agree that we will resolve any claim or controversy
at law or equity that arises out of this Agreement or our services (a "Claim") in
accordance with one of the subsections below or as we and you otherwise agree in
writing. Before resorting to these alternatives, we strongly encourage you to first
contact us directly to seek a resolution by going to the
About Customer Support help page. We will consider reasonable requests to
resolve the dispute through alternative dispute resolution procedures, such as mediation
or arbitration, as alternatives to litigation.
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Law and Forum for Disputes - This Agreement shall be governed in all respects
by the laws of the State of Oregon as they apply to agreements entered into and
to be performed entirely within Oregon between Oregon residents, without regard
to conflict of law provisions. You agree that any claim or dispute you may have
against Calendar People, Inc. must be resolved by a court located in Washington
County, Oregon, except as otherwise agreed by the parties or as described in the
Arbitration Option paragraph below. You agree to submit to the personal jurisdiction
of the courts located within Washington County, Oregon for the purpose of litigating
all such claims or disputes.
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Arbitration Option - For any claim (excluding claims for injunctive or other
equitable relief) where the total amount of the award sought is less than $10,000,
the party requesting relief may elect to resolve the dispute in a cost effective
manner through binding non-appearance-based arbitration. In the event a party elects
arbitration, they shall initiate such arbitration through an established alternative
dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR
provider and the parties must comply with the following rules: a) the arbitration
shall be conducted by telephone, online and/or be solely based on written submissions,
the specific manner shall be chosen by the party initiating the arbitration; b)
the arbitration shall not involve any personal appearance by the parties or witnesses
unless otherwise mutually agreed by the parties; and c) any judgment on the award
rendered by the arbitrator may be entered in any court of competent jurisdiction.
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Improperly Filed Claims - All claims you bring against Calendar People, Inc.
must be resolved in accordance with this Resolution of Disputes Section. All claims
filed or brought contrary to the Resolution of Disputes Section shall be considered
improperly filed. Should you file a claim contrary to the Resolution of Disputes
Section, Calendar People, Inc. may recover attorneys' fees and costs up to $1000,
provided that Calendar People, Inc. has notified you in writing of the improperly
filed claim, and you have failed to promptly withdraw the claim.