Terms of Use

Last Revised: April 25, 2008.

Welcome to the Salenook community! Salenook.com, the service and network (collectively, “the Service” or “the Site”), are operated by Salenook, LLC (collectively, “Salenook”, “we” or “the Company”). As the User (“you”) in this community, it is of the utmost importance that you read, understand, and agree to the Terms of Use (collectively, “TOU”, “the Agreement” and “Terms and Conditions”). In addition, you must understand that we reserve the right to change the Terms of Use with sole discretion at any time. Upon such change, you will receive a notice when logging in notifying you of the change and will require acceptance of the new TOU before continued use of the site. Use of the Site binds both “Members” (registered Users) and “Visitors” (unregistered Users) to the TOU and continued use thereafter changes to the Agreement constitutes the acceptance of the new Terms of Use. Members and Visitors may review the most recent Terms of Use at any time, located here.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENGAGING IN USE OF THE SITE. YOU BECOME BOUND TO THE TERMS AND CONDITIONS THROUGH ANY USE OF THE SITE, THROUGH POSTING CONTENT OR SIMPLY NAVIGATING THE SITE. IT IS YOUR SOLE RESPONSIBILITY TO DISCONTINUE USE OF THE SITE IF YOU DISAGREE OR FAIL TO MEET THE REQUIREMENTS OF THE TERMS AND CONDITIONS.

ELIGIBILITY AND REGISTRATION

Use of the Site is void where prohibited. Salenook is not intended for use by Users under the age of eighteen (18). Use by any person failing to meet this requirement is in violation of the Agreement and the User should not attempt to register for the Site and/or discontinue use of the Site immediately. If you meet the requirements, you may register with the Site by choosing a “username” and “password”. In the process, all information, including, but not limited to, the Users’ e-mail address, must stay accurate and current throughout your Membership with the Site. Salenook reserves the right, at its sole discretion, to refuse registration of, or terminate a User account when it deems necessary.

USER CONDUCT/POSTED CONTENT

Members will gain access to “Messages”, “Create Sale”, “Ceate Want”, “Local Wants”, “Local and National Showcase”, “Local and National sales”, and other services. You are independently responsible for all content you post (sale, want or other). Posted content 1) must not be offensive in any way 2) must not contain adult content or content that may be deemed inappropriate by any person 3) must not infringe with the law in any way. Users must also respect all copyright laws. It is the Users’ sole responsibility to not post copyright material.

While using the Site, you agree to not:

1. impersonate other Salenook users, Salenook staff, any person or entity;

2. harass any other Salenook user;

3. discriminate against others based on, but not limited to, a persons disability, gender, religion, sexual orientation, age or ethnicity;

4. post or message content that is unlawful, abusive, threatening, or intimidating;

5. post or message pornographic content of any kind;

6. post misleading content;

7. use the Site for illegal or unlawful purposes;

8. violate local laws;

9. post or message spam, chain letters, pyramid schemes, or junk mail;

10. solicit or advertise to Salenook users in any area other than the approved/designated location of the service, including, but not limited to, links to other websites not affiliated with a Sale or Want;

11. use false locative information, including, but not limited to, the use of a neighbors address for a sale location and not your own (note: sale locations can be simply a City/State)

12. provide inaccurate keywords when listing sale items not present in your sale

13. create multiple (“false”) accounts;

14. intentionally harm other users or the Service through software viruses;

15. send enormous amounts of data to disrupt online functionality of the Site

USAGE (SALE/WANT/LOCATION POSTINGS)

Site use, sale posting, want posting, locations, and all other aspects of Salenook are the sole responsibility of you (the User). User locations will never knowingly be distributed to anyone. Any location listed by you may be as specific or general as you feel necessary as long as it does not infringe on personal locative information, including, but not limited to, a neighboring address that is not your own. Posted content has expiration dates from the created date and the length of postings may be altered by Salenook as it feels necessary. Third parties, including but not limited to, advertisers, are prohibited from collecting User data. Automated posting of content and posting agents (third party agents hired to post content) are strictly prohibited.

PAID POSTS

To advertise content (“showcase sale”, “showcase want”, and “local ad”) to the side of user pages, Salenook charges a small fee. Paid content maximizes exposure to your sale, ad or want, however, Salenook has no control over the number of users exposed to the content. Paid content is not immune to the Terms of Use and in event of a violation of the Agreement, the content will be removed with no refund.

USER TO USER TRANSACTIONS

The Site is set up exclusively for advertisement purposes. Salenook suggests safer methods of payment, however, the Company is not liable for incidences from user-to-user transactions including, but not limited to, financial loss. Use of the Site and engaging in online or offline transactions are completely at your own risk.

AD-IT BLOCK

The ad-it block is a unique way of advertisement of almost anything and is present on virtually every page on the Site. Pricing is based on a yearly “slot” (a 10px by 10px space including a 210px by 75px image upon “mouse over”) in the “ad-it block” (a space on the User sidebar). Salenook reserves the right to change the price at its sole discretion. Submitted ads will not be displayed until full payment is received. No refunds will be given, for any reason, after payment has been accepted and the ad is placed in the ad-it block. It may take up to ten (10) days for the slot to be posted from the time of purchase. The yearly cycle of the ad will begin as soon as Salenook posts it to the site and the buyer of the slot will receive a notification e-mail including the expiration date. Due to the unpredictability of the Sites availability, not refunds will be given, however, extensions to content will be given for days the Site is unavailable, however, no refunds will be given if the Site is made unavailable for legal, technical, or other unforeseen reason. The ad-it slot may be extended at anytime by emailing the request to extend@salenook.com. Advertisements and images associated with advertisements in the ad-it block must adhere to this Agreement. Salenook reserves the right to refuse business at its sole discretion.

REFUND POLICY

No refunds for any content, paid posts or ad-it slots, will be given for any reason at any time.

SITE AVAILABILITY / MODIFICATION

Availability of Salenook is not guaranteed and may change based on locative information, technical difficulties, and legal or other reasons. Salenook reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Salenook may modify this Agreement, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Agreement will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

CANCELLATION

Cancellation of membership may be made at any time by the User. The process for cancellation includes emailing cancel@salenook.com with your request and a response acknowledging your request will be sent followed by the cancellation of your membership and deletion of the account.

User privacy is of utmost importance to Salenook and your information will not be sold or rented to any third party without your explicit consent. Locative information is also kept from public view to keep users safe. Go to the Privacy Policy to learn more about how your personal information is protected. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

THIRD PARTY AWARENESS

Use of third party websites is entirely at your own risk. Salenook holds no responsibility or association with activity of third party websites. The Company suggests researching the third parties and dealing with verified sellers or websites. Third parties are not allowed to use the Service to collect User information and use the information as a form of advertisement and/or spam.

CLAIMS OF INFRINGEMENT

For claims of copyright infringement, or claims of violation of intellectual property rights contact Salenook at abuse@salenook.com. Include in the e-mail the following:

1. A link to the page containing the infringement or violation
2. A description of the infringing or violating content

Salenook, in turn, will remove the infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a User of any such content or any part of the Site is prohibited.

INDEMNITY

You agree to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim, demand, damages and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

DISCLAIMER

Salenook is not responsible or liable for the actions of the users of the Site, whether it be online or offline. The TOU sets guidelines for users and you may help monitor content by Flagging (reporting the content) unruly content for review by Salenook, however, Salenook is not obligated to take any action against the content Flagged. Use of the Site is at the sole risk of Users and it is the Users' responsibility to discontinue use if the User deems content inappropriate or offensive. Disputes between users of the Site are of sole responsibility to the users participating in the dispute. Salenook reserves the right, but has no obligation to take action, to monitor disputes between users. Salenook does not include any warranties of purchase through the Site. The Company does not specifically endorse advertisements found on the Site. Visiting third party websites found on the Site is at your own risk. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

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

MISCELLANEOUS

This Agreement shall be treated as though it were executed and performed in Denver, Colorado, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Colorado (without regard to conflict of law principles). Any cause of action of User with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Denver, Colorado, and User expressly submits to the jurisdiction of said courts and User consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Salenook reserves the right in its sole discretion to refuse service at any time.

VIOLATION OF TERMS OF USE

Violations of the Terms of Use will lead to the removal of the content in violation to the Agreement. Salenook reserves the right to remove any content posted or suspend Memberships at the Company’s sole discretion. If the Company takes such action, the User will be notified via e-mail. By Flagging content, you can help Salenook in dealing with violations of the Agreement.