Terms of Use

Agreement

1. Acceptance of Terms

amPosts ("amPosts") provides online services, including classified listings, advertising, email services and links to third party sites (referred to hereafter as "the Service"), available online at https://amPosts.com (the "Site"), subject to the following Terms of Use ("Terms"). By using the Site or any of the Service, you agree to comply with these Terms. In addition, when using particular amPosts services, you agree to abide by any applicable guidelines posted for those particular services, which may change from time to time. Please report any violation of these Terms using the Contact Us form on the Site. You must be at least 18 years of age to use our Site or Service.

Should you refuse to abide by any of these Terms or condition, any guidelines, or any subsequent modifications thereto or become unsatisfied with amPosts in any way, your only recourse is to immediately discontinue use of the Site and the Service. amPosts will not be held be liable for any loss or damage for non-compliance of our Terms.

These Terms may be updated by amPosts at any time. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always read the most current version of these Terms at https://amPosts.com/page/terms. Continued use of the Site or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed you consented to and agreed to comply with such amended Terms.

You understand and agree that unless specifically stated, amPosts does not supervise, control, verify or endorse any information contained on or in the Service including listings, advertisements, links, reviews and messages.

2. Registration

Registration is not required to use our Service or browse the Site. However, if you choose to register, you must be at least 18 years of age and complete our registration process. Registration requires a valid e-mail address, selecting a username and password during the registration process; providing a phone number is optional. You are responsible for keeping your username and password confidential, and monitor all uses of your account, whether or not you have authorized such use. Moreover, you agree to notify amPosts promptly of any unauthorized use of your account.

amPosts reserves the right to deny use of the Service or access to the Site to any user, or to remove any or all accounts for any reason, especially those created by users who misappropriated the name, likeness, email address or other personally identifiable information of another individual or anyone who engages in copyright infringement on our Site.

3. Content

You understand that all listings, text, files, images, photos, audio, video, messages or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization who posted such Content. You also understand that amPosts does not control and therefore not liable for Content made available through the Site, and that by using the Site, you may be exposed to contents that are deemed offensive, indecent, inaccurate, misleading or objectionable. Please see our Content Policies page for more details.

Moreover, the Site and Content on the Site may contain external links to other websites that are completely independent of amPosts and not operated by us. amPosts makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on such websites. Under no circumstances shall amPosts be held liable for such Content or for any loss or damage incurred as a result of the use or reliance on any Content posted, emailed, linked or otherwise made available via the Site.

You understand and agree that any posting or uploading of Content will be at your sole risk and amPosts is not responsible to you in any way. Further, amPosts does not provide any warranty or indemnity as to your use of any third-party content or software that you received from the Site. Do not download any file or install any software on your device. Download at your own risk!

You are responsible for any Content you post on the Site and also the consequences of posting such Content. Although amPosts does not claim ownership of Content that its users post, by posting Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to amPosts 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. You also understand and agree that amPosts, at its sole discretion, may delete any Content on the Site for any reason.

4. Good User Conduct

You agree to act responsibly and to treat other users with respect. Users are not permitted to use the Site or the Service to harass or abuse other users. Users who were reported of harassing other user(s) may be removed from the Service or blocked from the Site at our sole discretion.

You agree not to post, send via messaging, or otherwise make available Content that:

  • Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
  • Is harmful to minors or shows sexually explicit material
  • Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
  • Incites or encourages conduct that could result in a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation
  • Transmits or posts any unsolicited or unauthorized advertising, "spam", junk mail, chain letters, pyramid schemes, etc.
  • Transmits or posts any content that infringes upon copyrights, trademarks, patents, trade secrets or other proprietary rights
  • Collects, solicits or stores information about other users for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without amPosts' prior written consent
  • Contains personally identifiable information concerning another user and published without their express consent
  • Contains material originally posted by another user that is reposted without permission
  • Has fraudently altered identifier/header or employs a misleading email address to disguise its origin
  • Is purposefully posted in an unrelated category or irrelevant city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately high load on amPosts' infrastructure
  • Transmits or posts any viruses or computer codes designed to disrupt, deny or destroy any functionality of any computer software or hardware of users or our Service
  • Is from more than one user account (multiple postings)
  • Circumvents or attempts to defeat any security or verification measures relating to use of the Site or Services

Additionally, you agree not to:

  • Use automated means, including crawlers, robots, spiders, data mining tools to download data from the Site
  • Impersonate any person or organization or falsely misrepresent your affiliation with another person or organization
  • Contact anyone who has asked not to be contacted
  • "Stalk" or harass anyone
  • Delete or modify any material posted by any other user without permission
  • Attempt to gain unauthorized access amPosts computer systems or networks to engage in any activity that deny, disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site

5. No Spam Policy

You understand and agree that sending unsolicited email advertisements to amPosts email addresses or through amPosts systems is expressly prohibited by these Terms. Any unauthorized use of amPosts computer systems is a violation of these Terms and certain federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

6. Ownership

All right, title and interest in and to the Site and the Service are the exclusive property of amPosts and its licensors. amPosts logos, icons and other marks identifying amPosts services or products are trademarks of amPosts and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not reproduce, distribute, or create derivative works of the Service or the Site without amPosts's written authorization. All rights not expressly granted in these Terms are reserved for amPosts.

amPosts respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distribute, or reproduce in whole or in part any copyrighted material, trademarks, or other proprietary information that you do not have legal right to use. If you believe that your work has been illegally reproduced, or that your intellectual property rights have been otherwise violated, please inform us promptly using the Contact Us form on the Site. Filing a notice of infringement with amPosts requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.

7. Dealings with organizations or individuals

amPosts is not liable for your experience or interactions with any users or organizations on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings and arrangements are solely between you and such individuals and/or organizations; amPosts is not a participant. You agree that amPosts is not responsible for any damage or loss incurred as a result of any such dealings. amPosts is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release amPosts, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.

If you are a California resident, you specifically waive California Civil Code Section 1542, which states: "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."

8. Limitation & Termination of Service

You acknowledge that amPosts may establish limits concerning your use of the Service. You agree that amPosts has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that amPosts reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that amPosts shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that amPosts 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 deny you access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if amPosts believes that you have acted inconsistently with these Terms. Further, you agree that amPosts shall not be liable to you or any third-party for any denial of access to the Site. Further, you agree not to attempt to use the Site or the Service after said denial.

9. Privacy & Information Disclosure

amPosts has a Privacy Policy that explains to users how their information is collected and used. Our latest Privacy Policy can be found at https://amPosts.com/page/privacy. Your use of the Site or Service indicates acknowledgement of and consent to our Privacy Policy.

You further acknowledge that amPosts may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other relevant information, if required to do so by law or in the belief that such preservation or disclosure is necessary to comply with the impending legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or safety of amPosts, its users or the general public.

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF DOCUMENTS, FILES, SOFTWARE AND/OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. AMPOSTS, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER AMPOSTS, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR FREE; NOR DOES AMPOSTS OR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitations on Liability

IN NO EVENT SHALL AMPOSTS, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, EVEN IF AMPOSTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, AMPOSTS SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF AMPOSTS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO AMPOSTS, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AMPOSTS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnity

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD AMPOSTS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST AMPOSTS ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.

13. General Information

These Terms are governed in all respects by the laws of the State of Florida, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in Orlando, Florida and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. amPosts's failure to act with respect to a breach by you does not waive amPosts's right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns. amPosts shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond amPosts's reasonable control. Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, negotiations, agreements, and discussions between the parties, whether written or oral.

14. Professional User †

    • All fees non-refundable, in whole or in part, even if the Service is suspended, or canceled prior to the end of your listing or subscription.
    • For a trial version, if you do not cancel the Service before the Free Trial Period expires, and you have been informed that the Service will automatically be converted into a paid subscription at the end of the Free Trial Period, then you authorize amPosts to charge your credit card the applicable fees as indicated at the time you signed up for the Service.
    • Subscriptions automatically renew upon expiration. This means that unless you cancel your account or subscription prior to its expiration, your account will automatically renew for another year. At the time of renewal, your credit card will be charged the then-current fees to renew the Service.


† does not apply to customers who have "insertion orders" with amPosts.