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Terms of Service (TOS) For Placing Classified Ads on 1Branson.Com

Introduction. “1Branson.Com” is the web site owned by Groman Enterprises LLC, herein after referred to as “the site.” Among other things the site provides a classified ad service, herein called the “classifieds service.” The basic classifieds service is free and includes one (1) picture. For a fee other enhancements such as placement, highlights, additional pictures etc. may be added. These Terms of Service, TOS, describe the terms under which the classifieds service is offered on the site. By using the classifieds service of the site are agreeing to these Terms of Service as listed below.

Before you may use the sites classifieds service you must read and accept all of these Terms of Service and the site’s Privacy Policy.

1. Minors Excluded. Buying and selling through the sites classifieds service is intended for use only by individuals who can form legally binding contracts under applicable law.  This excludes in all cases minors (persons who have not reached their eighteenth birthday or who are other wise defined as minor by the law of their state of residence.).

2. Right to Modify Terms of Service. Groman Enterprises, LLC reserves the right to modify the Terms of Service at any time and without prior notice to its Users. We may add to, change, delete or end our or your use of our service at any time.  The service may be temporarily unavailable from time to time for maintenance or other reasons.

3. Assumed Risk. There are risks which you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you.  We are a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does Groman Enterprises, LLC screen or censor or otherwise control the Users of its service.  Groman Enterprises, LLC can not and does not control the behavior of the participants on this site.  We can not control whether or not Users of 1Branson.Com Classifieds will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE!  Groman Enterprises, LLC does not assume responsibility for the content or context of the user comment areas and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or in our sole discretion. 

4. Disputes/Hold Harmless. If there is a dispute between participants on this site, Groman Enterprises, LLC is under no obligation to become involved.  In the event that You have a dispute with one or more Users, You hereby release, Groman Enterprises, LLC, their officers, employees, agents and successors in rights and agree to hold them harmless, 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. Services must be used lawfully. The services provided at 1Branson.Com Classifieds may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate related transactions.

6. Prohibited posting, transmissions, etc. Groman Enterprises, LLC prohibits the transmission, distribution or posting of unwanted or offensive content. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. 

Prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction.  It is Your responsibility, and you agree to comply with all requirements, legal or other.  Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category, duplicate listings that contain more than 60% of the same characters, regardless of category, U.R.L. (Universal Resource Locator) or hyperlinks within an advertisement or image, the sale or distribution of firearms, weapons or controlled substances, fraudulent or criminal offers including but not limited to registering another email address other than Your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether  commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM").

Further, Groman Enterprises, LLC prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure. 

7. Prohibited Listings or Sale. Groman Enterprises, LLC prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:
 
Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants on the internet.)

Alcoholic beverages (other than those meeting all applicable federal state and local laws, regulations and standards)

Cigarettes or any other tobacco product for human consumption

Pharmaceuticals or any other controlled substance

Dangerous, counterfeit or stolen goods

Goods which do not actually exist

Any good that infringes or violates anyone's rights 

Any item which in Groman Enterprises, LLC's sole discretion is inflammatory, offensive or otherwise inconsistent with Groman Enterprises, LLC's standards of business ethics. 

Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.

8. Spam Prohibition. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. Groman Enterprises, LLC also prohibits the use of another Internet service to send or post SPAM to drive visitors to Your site hosted on or through its systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party.

9. Violation of terms of Service. If Groman Enterprises, LLC, in its sole discretion, determines that a violation of the Terms of Service has occurred, Groman Enterprises, LLC may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of Your account and /or the exclusion of any person(s) who may have violated any Terms of Service. Groman Enterprises, LLC could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. Groman Enterprises, LLC will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it's rights.  Such cooperation may be without notice to You.  If Groman Enterprises, LLC believes in its sole discretion that any ad may create liability for Groman Enterprises, LLC, Groman Enterprises, LLC may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, Groman Enterprises, LLC reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.

10. User Responsibility for taxes and Fees. User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using 1Branson.Com Classifieds.   We may also, in our sole discretion, add or delete fees associated with the Service. There may be a charge associated with photo classified listings or Business Listings.  If any charge is applicable, we will notify our Users in advance. 

11. Disclaimer of Warranties. You agree that use of the services and site is at your sole risk. The service and site is provided on an “as is” and on an “as available” basis. Groman Enterprises, LLC expressly disclaims all warranties of any kind whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Groman Enterprises, LLC makes no warranty that the service will meet user’s requirement, that the service will be uninterrupted, timely, secure, or error free, nor does Groman Enterprises, LLC make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtrained from the service. 

User understands and agrees that any information or material and/or goods or services obtained thorugh the service is done at user’s own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.

No advice or information, whether oral or written, obtained by User from Groman Enterprises, LLC or through or from the service or site shall create any warranty not expressly stated herein. 

12. Limitation of Liability. User agrees that neither Groman Enterprises, LLC, the site, nor any of its providers of information shall be liable for any direct, indirect, incidental, special, consequential, or exemplary, damages, resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user’s transmission or data or arising from any other matter relating to the service or site, including but not limited to, damages for loss of profits, use, data, or other intangible, even if Groman Enterprises, LLC has been advised of the possibility of such damages. User further agrees that Groman Enterprises, LLC shall not be liable for any damages arising from interruption, suspension, or termination of service including but not limited to indirect, incidental, special, consequential, exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent, or advertent. User agrees that Groman Enterprises, LLC shall not be responsible or liability to user, or anyone for the statements or conduct of any third party of the service. 

13. Hold Harmless. You agree to indemnify and hold Groman Enterprises LLC, the site, the service, their subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders harmless from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

14. User Data/Privacy. For the purpose of this Agreement, “Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way. All User Data will be handled in accordance with 1Branson.Com’s privacy policies. 

15. No Resale or Unauthorized Commercial Use.  You agree not to resell or assign Your rights or obligations under these Terms of Service.  You also agree not to make any unauthorized commercial use of the Service.

16. Others' Information.  You agree not to make use of anyone else's Information other than as necessary to complete any transactions in which You are involved.

17. No Agency.  There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Groman Enterprises, LLC and any User of the Service. 

18. Notice.  Any notice to You or to us shall be made by either email or regular mail.  We may also give notice of changes to these Terms of Service or other matters related to 1Branson.Com Classifieds by displaying notices to Users on the Service. 

19. Agreement Modification. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter.  This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.

20. Missouri Law Governs. These Terms of Service and the relationship between User and Groman Enterprises, LLC shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. User and Groman Enterprises, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Taney, Missouri.

21. The failure of Groman Enterprises, LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  If any provision of these Terms of Service 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 these Terms of Service shall remain in full force and effect.

22. Time Limit on Claims. User agrees 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 these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

23. Section Titles. The section titles in these Terms of Service, where used, are for convenience only and have no legal or contractual effect. 

24. Please help us keep the 1Branson.Com Classifieds site an enjoyable experience for all Users, if You observe material or behavior that may violate one of the 1Branson.Com Classifieds terms of participation, please contact 1Branson.Com Classifieds staff at http://www.1branson.com/forum/sendmessage.php
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