| This document describes
the terms and conditions on which PressMethod.com offers a Member ("You")
access to our services. If you have a question about these terms that
is not addressed in this agreement, please contact
PLEASE READ THIS AGREEMENT CAREFULLY
By signing in to PressMethod.com, you accept both the terms and conditions
This agreement was revised on May 28, 2004, and may be modified
again at any time.
Acceptance of Terms
By completing the sign-up process, you agree to the terms
of this Member Agreement, and to abide by the other terms, policies,
procedures, and guidelines on PressMethod.com PressMethod.com
may amend these terms from time to time. If you do not agree to
the changes, you must request that your account be closed. Your
continued use of our service will signify your acceptance of the
PressMethod.com Is Only a Venue
PressMethod.com acts as a advertising channel for Members to locate
publisher to advertise, market and promotion of goods and services.
We do not own or handle any of the goods and services listed on
the site. As a result, we cannot verify or endorse the quality,
safety, or legality of the posted advertisements, or the truth or
accuracy of the content on the advertisements ("listings").
Member Sign-up Names
PressMethod.com may, at it sole discretion, change or remove any
member sign-up email. Action may be taken on names which:
- Represent any form of contact information (URL, email etc).
- Represent something other members may consider offensive or
- Cause confusion in our system
Member Obligations and Terms
You are solely responsible for your information, and we act as
a passive conduit for your online distribution and publication.
Your information (or content) includes any information you provide
to us or other members during the registration, listing creation
and modification, or publishment channels ("PressMethod Windows")
creation and mofification, in any public message area or through
any email feature, including all text descriptions and/or photographs,
digital images, or renderings of your items and services. We may
take any action with respect to such information we deem necessary
or appropriate at our sole discretion if we believe it may create
liability for us. You acknowledge that PressMethod.com may not pre-screen
content, but that PressMethod.com and its designees have the right
(but not the obligation) in their sole discretion to refuse, modify,
or reorganize any content that is available via the service. In
addition, PressMethod.com has the right to suspend or terminate your
account and refuse any and all current or future use of our service,
at any time and at our sole discretion. PressMethod.com reserves the
right to change or discontinue, temporarily or permanently, some
or all of our services at any time without notice.
- Content. You agree that your information and
the content you post on PressMethod.com:
- will be true, accurate, and up-to-date;
- will not be fraudulent or involve the sale of stolen items;
- will not violate any law, statute, ordinance, or regulation
(including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination,
or false advertising);
- will not be defamatory, trade libelous, unlawfully threatening,
or unlawfully harassing;
- will not be obscene or contain child pornography;
- will not contain any viruses, Trojan horses, or other computer
programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept, or expropriate any
system, data, or personal information;
- will not link directly or indirectly to or include descriptions
of goods or services that (i) are prohibited under this Agreement
or (ii) you do not have a right to link to or include.
- Fees. Unless otherwise stated, all monetary
values are quoted in U.S. Dollars. You are responsible for paying
all applicable fees, taxes and duties and for all costs you incur
as part of the PressMethod.com service. We may, at our sole discretion,
change some or all of our services, our Fees and Payments Policy,
and/or the fees for our services. The fee is not refundable. Company credit
maybe provided with restrictions.
- License. You agree to grant us a nonexclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicenseable
(through multiple tiers) right to exercise the copyright and publicity
rights (but no other rights) you have in your posted content,
in any media now known or not currently known.
- Privacy. PressMethod.com will only use your personal
information in accordance with our Privacy
YOU ARE RESPONSIBLE FOR YOUR CONDUCT
You certify to PressMethod.com that you are at least 18 years of age.
You take full responsibility for the use of the Services by any
minors. Your use of the Service is subject to all applicable local,
state, national and international laws and regulations. Your conduct
is subject to Internet regulations, policies and procedures. You
are solely responsible for the contents of your listings you list
in connection with the Service. You acknowledge and agree that PressMethod.com neither endorses the actions of any user nor the contents of
any user communications nor the products of any merchant. You shall
not: (a) use the Services for any illegal purposes or for the transmission
of any material that is unlawful, harassing, libelous, invasive
of another's privacy, abusive, threatening, harmful, vulgar, obscene,
tortuous, or otherwise objectionable, or that infringes or may infringe
the intellectual property or other rights of another, including
the sale of pornography, firearms and ammunition, living creatures
and parts of endangered species, stocks and other securities, drugs
and drug paraphernalia, human body parts and remains; (b) directly
or indirectly interfere or attempt to interfere with the proper
working of the PressMethod.com site, any account, or any communication
or transaction being conducted on our site; (c) use any robot, spider,
other automatic device, or manual process to monitor or copy our
web pages or the content contained herein without our prior expressed
written permission; (d) take any action which imposes an unreasonable
or disproportionately large load on our infrastructure, (e) use
or disclose (to anyone except PressMethod.com) any information you
obtain about or from other users of the Service, or you obtain from
PressMethod.com if such information is marked confidential, for any
purpose except fulfillment of orders initiated by such user or negotiating
prices with such user, (f) conduct fraud, hide or attempt to hide
your identity, represent yourself as someone else, or manipulate
or attempt to manipulate prices, compromise or attempt to compromise
the security of any account, interfere or attempt to interfere with
the proper working of the Service, or (g) send any unsolicited email
or advertising to any known user. You shall be responsible for obtaining
and maintaining any equipment and ancillary services needed to connect
to, access or otherwise use the Services, including, without limitation,
modems, hardware, software, and long distance and local telephone
service. You shall be responsible for ensuring that such equipment
and ancillary services are compatible with the Services. You shall
complete all transactions you agree to complete in connection with
the Service. You shall forward all feedback you receive regarding
the service to PressMethod.com. In your capacity as a merchant, if
applicable, and in transactions when PressMethod.com is not collecting
payment on your behalf, you will be solely responsible for all aspects
of transaction order processing and fulfillment, including but not
limited to processing credit card information, authorization and
fraud detection, shipping and handling, buyer support and service
from time to time by PressMethod.com in it's sole discretion and upon
notice to Merchant) except to the extent any term in such privacy
policy expressly conflicts with the buyer privacy protections set
forth herein. You agree to indemnify and hold PressMethod.com, its
parents, subsidiaries, affiliates, officers and employees, and PressMethod.com Partners harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
your use of the Service, the violation of this Service Agreement
by you, or the infringement by you, or other user of the Service
using your computer, of any intellectual property or other right
of any person or entity. Even though prohibited, people may provide
information that is offensive, false, harmful, or deceptive. PressMethod.com and PressMethod.com Partners do not assume any responsibility
whatsoever for such content or actions.
- System. You agree that you will not use any
device, software, or routine to interfere or attempt to interfere
with the proper working of the PressMethod.com site or any transaction
being conducted on our site. You may not take any action which
imposes an unreasonable or disproportionately large load on our
infrastructure. You may not disclose or share your Password to
any third parties or use your Password for any unauthorized purpose.
For publisher, you agree that we place an PressMethod listing at
the end of listing cycle for free, which means that publishers
will not be paid by PressMethod.com for any valid clicks that links
to PressMethod's related sites.
- Manipulation. You agree not to use a secondary
account or third party to manipulate the outcome of a negotiation
with another trader.
- Ratings. You may not take any actions which
may undermine the integrity of the ratings system, such as leaving
positive ratings for yourself using a secondary member account
or third party, leaving negative ratings for other Members using
secondary accounts or third parties, or leaving negative ratings
if a Member fails to perform some action that is outside the scope
of the transaction. If your Member rating is one star or lower,
we may suspend your account, and you will no longer be able to
participate in transactions.
General Legal Terms
- Our service is provided "as is".
We will try very hard to make your experience with PressMethod.com
a pleasurable one; however, we cannot always foresee or anticipate
technical or other difficulties. These difficulties may result
in loss of data or other service interruptions. For this reason,
you agree that PressMethod.com's services are provided "as
is." We cannot assume responsibility for the timeliness,
deletion, misdelivery, or failure to store any Member data, communications,
or personalization settings. WE AND OUR SUPPLIERS PROVIDE THE
PressMethod.com WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Some states
do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights which vary
from state to state.
- Maintenance & Downtime. From time to time,
PressMethod.com will conduct scheduled maintenance. As a result,
you may experience temporary downtime that may prevent you from
being able to use our site and/or some of our services on PressMethod.com.
Occasionally, these delays are necessary in order for us to update
our database and improve our services. We will do our best to
keep these periods brief, providing advance notice whenever possible.
- Suspension/Termination. We may immediately
issue a warning, temporarily suspend, indefinitely suspend, or
terminate your membership, any of your current classifieds, and
any other information you place on the site if you breach this
Agreement or if we are unable to verify or authenticate any information
you provide to us. Without limiting any other remedies, PressMethod.com may suspend or terminate your account if you are found (by
conviction, settlement, insurance or escrow investigation, or
otherwise) to have engaged in fraudulent activity in connection
with our site.
- Limit of liability. IN NO EVENT SHALL WE OR
OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE)
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY,
AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT
OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING
RISE TO LIABILITY, OR (B) $100. Some states do not allow the limitation
of liability, so the foregoing limitation may not apply to you.
- General compliance with laws. You shall comply
with all applicable laws, statutes, ordinances and regulations
regarding your use of our service and your negotiations, listings,
purchase, and sale of items and services.
- Notices. Except as explicitly stated otherwise,
PressMethod.com may provide you with notices via email, or postings
on the PressMethod.com web site.
- Arbitration. Any controversy or claim arising
out of or relating to this Agreement shall be settled by binding
arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in the
State of Texas, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or PressMethod.com may seek any interim or preliminary relief from a court of
competent jurisdiction in the State of Texas necessary to protect
rights or property pending the completion of arbitration.
- Jurisdiction and Venue. This Agreement shall
be governed in all respects by the laws of the province of Ontario,
Canada. You agree that any legal action brought against PressMethod.com, inc. shall be governed by the laws of the province of Ontario
without regard to its conflict of law principles, and that the
sole jurisdiction and venue for any litigation arising from your
use of PressMethod.com shall be an appropriate federal or state
court located in the province of Ontario. If any provision of
this Agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define,
limit, construe, or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar
- Other Agreements. If you and PressMethod.com
have entered into a separate written agreement that covers your
use of PressMethod.com, the terms and conditions of such agreement
shall control to the extent they are inconsistent with this Member
USER shall 1) Determine whether the Information complies with USER's needs; 2) Determine the credibility of statements and claims made by other users of PressMethod; 3) Comply with any legal obligations, including but not limited to, obligations imposed by copyright, secrecy, defamation, decency, and export laws; and 4) Isolate Information, execute anti-contamination software and otherwise take steps to ensure that Information, if contaminated or infected, will not damage USER's information or system.
INFORMATION Not Warranted or Guaranteed In Any Way
PressMethod IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PressMethod MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PressMethod OR ANY 'INFORMATION'.
PressMethod does not warrant or guarantee 1) the accuracy, adequacy, quality, currentness, validity, completeness, or suitability of any Information for any purpose; 2) that the Information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 3) that the functions or services performed by PressMethod will be uninterrupted or error-free or that defects in PressMethod will be corrected.
No PressMethod Liability
In no event shall PressMethod be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the Information. PressMethod will not be responsible if any Information infects or contaminates a USER's system or information. The entire risk as to the quality and performance of PressMethod and the accuracy, adequacy, completeness, currentness, validity and quality of any Information is with the USER.
IN NO EVENT WILL PressMethod BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE PressMethod OR ANY 'INFORMATION', EVEN IF PressMethod SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY 'INFORMATION'.