Terms of Use

CRC-USA TERMS OF USE

1. ACCEPTANCE OF TERMS
CRC-USA provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service
In any way, you are agreeing to comply with the TOU. In addition, when using particular CRC-USA services, you agree to abide by any applicable posted guidelines for all CRC-USA services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with CRC-USA in any way, your only recourse is to immediately discontinue use of CRC-USA.
CRC-USA has the right, but is not obligated, to strictly enforce the TOU through, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you enter email or otherwise make available via the Service. You understand that the CRC-USA site and Content available through the Service may contain links to other websites, which are completely independent of CRC-USA. CRC-USA makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will CRC-USA be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
CRC- USA shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES
The CRC-USA site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of CRC-USA, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that CRC-USA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify CRC-USA for claims of copyright or other intellectual property infringement.
Please provide our CRC-USA with the following:
a) Identify the material on the CRC-USA site that you claim is infringing, with enough detail so that we may locate it on the website.
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
c) A statement by you declaring under penalty of perjury that (1) the above information is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
d) Your address, telephone number, and email address.
e) Your physical or electronic signature.
CRC-USA will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

6. PRIVACY AND INFORMATION DISCLOSURE
CRC-USA has established a Privacy Policy to explain to users how their information is collected and used.

7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous or is harmful to minors in any way.
b) That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c) That violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
d) With respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
e) That impersonates any person or entity, including, but not limited to, a CRC-USA employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures).
f) That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".
g) That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) That constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) That includes links to commercial services or web sites, except as allowed in "services";
j) That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
k) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
l) That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service.
m) That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
n) "stalk" or otherwise harass anyone.
o) Collect personal data about other users for commercial or unlawful purposes.
p) Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by CRC-USA.
q) Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
r) Post the same item or service in more than one classified category or forum, or in more than one metropolitan area.
s) Attempt to gain unauthorized access to CRC-USA computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the CRC-USA website.
t) Use any form of automated device or computer program that enables the submission of postings on CRC-USA without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on CRC-USA resources, you may not use a Posting Agent to post Content to the Service without express permission or license from CRC-USA. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from CRC-USA.

9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to CRC-USA email addresses or through CRC-USA computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of CRC-USA 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.

10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service.

11. LIMITATIONS ON SERVICE
You acknowledge that CRC-USA may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service. You agree that CRC-USA has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that CRC-USA reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that CRC-USA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. ACCESS TO THE SERVICE
CRC-USA grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
Access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by CRC-USA.
Use of the Service beyond the scope of authorized access granted to you by CRC-USA immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from CRC-USA.

13. TERMINATION OF SERVICE
You agree that CRC-USA, 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 terminate your access to or use of the Service (or any
Part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if CRC-USA believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that CRC-USA shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to us the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.

14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of CRC-USA. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of CRC-USA, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. CRC-USA is a registered mark.
Although CRC-USA does not claim ownership of content that its users post, by posting content you automatically grant, and you represent and warrant that you have the right to grant, to CRC-USA 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. Furthermore, you automatically grant CRC-USA all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

15. DISCLAIMER OF WARRANTIES CRC-USA SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CRC-USA SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CRC-USA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CRC-USA SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRC-USA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CRC-USA SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE CRC-USA SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRC-USA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CRC-USA SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

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

17. INDEMNITY
You agree to indemnify and hold CRC-USA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and CRC-USA and govern your use of the Service, superceding any prior agreements between you and CRC-USA. The TOU and the relationship between you and CRC-USA shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and CRC-USA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota. The failure of CRC-USA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 the TOU remain in full force and effect. 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 the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
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 breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for CRC-USA to pursue legal action to enforce these Terms, you will be liable to pay CRC-USA.