Rules Please read the terms and conditions of this website. By using this service, you hereby agree to be bound by these terms and conditions, privacy policies and procedures, which are all incorporated herein by reference. Please check these terms and conditions periodically for changes as BiGGooRoo.com reserves the right to revise these terms and conditions and your continued use of this site following the posting of any changes to the terms and conditions constitutes acceptance of such changes. BiGGooRoo.com reserves the right to terminate your use of this site at any time without notice for any reason. 1) PURPOSE OF BiGGooRoo.com BiGGooRoo.com is a free website that provides services to users which includes, but is not limited to the posting of classified ads, products or services for the purchase and/or sale, blogs, forums, etc. for users of the site. 2) POSTING OF CONTENT/ADS BY USERS AND THIRD PARTIES. By using this site, you hereby understand and agree that all ads, content, postings, messages, images, or other material that is posted to the BiGGooRoo.com site is the sole responsibility of the third party or entity who posted the material. Respectively, should you post any ads, content, postings, messages, images, or other material on the BiGGooRoo.com site, you hereby agree to accept full responsibility of the content of the material and authorize BiGGooRoo.com to right to publish such postings. BiGGooRoo.com does not endorse nor affiliate itself with the posting of any material or content on this site. Accordingly, any user of the BiGGooRoo.com site agrees to refrain from the following: a) posting material that is deceptive, misleading, false or deceitful in any manner; b) posting material that is illegal in any form or prohibited by law in any applicable local, federal or state jurisdiction – including any form of discrimination on the basis of race, sex, religion, creed, age or disability; c) posting material that BiGGooRoo.comdetermines to be SPAM, multi-level marketing or unsolicited commercial advertising; d) posting material that is deemed to be adult content or explicit images, pornographic or obscene graphics or messages or material that depicts sexual acts or content; e) posting material that infringes on the copyrights, service marks, trademarks, trade secrets or other proprietary rights of any other entity or user; f) posting material that contains any information that identifies or impersonates any person or entity without the express consent of that respective person or entity; g) posting material that includes viruses, spiders, soundwaves, bots, worms, Trojan horses, time bombs, software/files/programs that are intended to destroy, limit or interfere with the equipment of BiGGooRoo.com or any user of BiGGooRoo.com; h) deleting or otherwise revising the content of any other user of BiGGooRoo.com; i) contacting other users of BiGGooRoo.com without the respective user’s express consent to receive such advertisements or solicitations; j) posting harassing, threatening, abusive or defamatory material; k) posting material that is located in non-appropriate areas, or posting the same material in more than one area; l) using third parties or services to post or cause material to be posted on behalf of other users; m) posting material that utilizes misleading email addresses or forged headers that disguise the origin of material posted on the site; n) access or even attempting to access unauthorized or non-public areas of the site; o) post material that violates the provisions of Title VIII of the Civil Rights Act of 1968 (also known as the Fair Housing Act) which prohibits discrimination based upon race, color, national origin, sex, sexual preference, handicap, religion or familial status. 3) REPORTING ABUSE In the event that you would like to report abuse or violations of the terms and conditions of this site (including any claims of copyright, trademarks or services marks), please provide BiGGooRoo.com with the following information: a) the identity or material that you are claiming to be in violation of the terms and conditions; b) the identity of the alleged owner of the material (if applicable); c) your name, full postal address, email address and phone number; d) a signed affidavit or statement declaring under penalty of perjury of the facts behind the claim BiGGooRoo.com will then forward the information to the appropriate party and make a decision, in its sole and absolute discretion, as to the validity of the claim. If, in the event that BiGGooRoo.com finds the claim to be valid, BiGGooRoo.com will remove the posting and all of its related content without notice or compensation to anyone. 4) DISCLAIMER OF WARRANTY. YOUR ACCESS AND USE OF THE SITE AND ANY CONTENT AT YOUR SOLE RISK. WE PROVIDE THE SERVICE AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH THE SERVICE OR THE CONTENT. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE SERVICE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICE WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS. 5) LIMTATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL STUMBLEHERE.COM, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THIRD PARTY SITES, ADVERTISER'S SITES, OFFERS, GIFTS, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY MATERIAL, SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION. 6) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Stumblehere.com, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, third party sites, advertiser's sites, the suitability of the information contained on or received through use of this site, or any services or products received through this site, or any violation of these terms and provisions. BiGGooRoo.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BiGGooRoo.com in asserting any available defenses. 7) TERMINATION. BiGGooRoo.com may terminate your use of the site or offering the service at any time and for any reason in our sole discretion and any applicable terms will survive the termination the use of this site. 8) GOVERNING LAW. These terms shall be governed by and construed in accordance with the laws of the State of Arizonae, without giving effect to any principles of conflicts of laws, and you hereby consent to the personal and exclusive jurisdiction of the state and federal courts located in Arizona. You agree that any and all disputes, controversies and claims relating in any way to the Software, these terms and conditions or the breach thereof (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of a confidential arbitration administered by the American Arbitration Association under its then current Commercial Arbitration Rules and conducted in Arizona. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree 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 Company’s Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. 9) NO SPAMMING. BiGGooRoo.com is not responsible for SPAM sent out by users promoting BiGGooRoo.com ’s website or its content. By using this site, you agree NOT to SPAM any other users or third parties without their express written consent. In the event that BiGGooRoo.com becomes aware that any user is caught spamming, the user’s account and postings will be immediately terminated and user will be prosecuted both in civil and criminal court to the utmost extent of the law.
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