Your use of the web sites and apps on which these terms reside (collectively, the “Platform”), and the features at this Platform are subject to these Terms of Use, which we may update from time to time. Please read these Terms of Use carefully before using this Platform. The Platform is owned or controlled by BFAds.sale. (“BFAds”). This Platform is intended for and applicable only for residents of the United States. If you are from another jurisdiction, you may not use this Platform. By accessing this Platform in any way, including, without limitation, browsing this Platform, using any information, and/or submitting information to BFAds, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law. From time to time we may update this Platform and these Terms. Your use of this Platform after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. BFAds may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that BFAds will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated. You further agree that BFAds will not be liable for any modification or suspension of the Platform.
BFAds Content
Content on this Platform that is provided by BFAds or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“BFAds Content”) is the property of BFAds and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any BFAds Content located on the Platform for use in any publications, in public performances, on websites other than this Platform, for any other commercial purpose, in connection with products or services that are not those of BFAds, in any other manner that is likely to cause confusion among consumers, that disparages or discredits BFAds and/or its licensors, that dilutes the strength of BFAds’s or its licensor’s property, or that otherwise infringes BFAds’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any BFAds Content or Third Party Content that appears on this Platform. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at [email protected].
Use of the Platform
The following requirements apply to your use the Platform: (a) you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Platform for any commercial purpose not expressly approved by BFAds in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Indemnification
You agree to indemnify and hold BFAds, its parents, subsidiaries, officers, employees, agents, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms.
Representations and Limitations of Liability
BFAds makes no representations about the reliability of the features of this Platform, the Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. BFAds makes no representations regarding the amount of time that any Content will be preserved. BFAds does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by BFAds without the prior review and written approval of BFAds.
THIS PLATFORM (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED HEREON) IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BFADS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, NOR SHALL BFADS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BFADS’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL BFADS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF BFADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE PLATFORM MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. BFADS DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE PLATOFRM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL BFADS OR ANY BFADS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
Information on the Platform
You expressly understand and agree that BFAds makes no representations or warranties regarding any information, including without limitation the pricing and product- and/or service-related information, contained on this Platform. No offers for sale are conveyed through this Platform and all advertising and promotional materials contained on the Platform are owned or controlled by third parties. You understand and agree that the products and services displayed on the Platform may not be available for purchase from the corresponding retailer under the conditions indicated on this Platform, and you agree that it is your responsibility to verify the accuracy of any product and/or service information contained on this Platform directly with the applicable retailer. By using the Platform, you agree to release and hold harmless BFAds from and against any and all claims arising out of your use of, access to, or reliance on the information contained on the Platform.
Export Control
Software and other materials from the Platform may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Platform may be downloaded or exported in violation of any such laws. BFAds does not authorize the exportation of any software or technical data from the Platform to any jurisdiction prohibited by the United States Export laws. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Third Party Websites
This Platform may hyperlink to sites and platforms not maintained by or related to BFAds. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Platform or BFAds, and BFAds makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Platform is subject to the terms of that site’s privacy policy, and BFAds has no control over how your information is collected, used, or otherwise handled.
Location Based Services
This Platform may use location-based services to locate you. If you choose to use the location-based services portion of this Platform, you consent to BFAds and/or its third party provider accessing your approximate or exact location. You also grant BFAds permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which BFAds believes you may be interested, including working with third parties who provide targeted advertising content.
Miscellaneous
Both you and BFAds acknowledge and agree that no partnership is formed and neither of you nor BFAds has the power or the authority to obligate or bind the other. These Terms will be governed by and construed in accordance with the internal laws of Illinois without regard to conflicts of laws principles. These Terms operate to the fullest extent permissible by law. On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Platform, and you hereby agree to the terms of that Policy. If BFAds fails to act with respect to your breach or anyone else’s breach on any occasion, BFAds is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and BFAds, and is accepted by you upon your use of the Platform. These Terms constitute the entire agreement between you and BFAds regarding the use of the Platform. By using the Platform you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.