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    Term of use

    lonzosLIST TERMS OF USE

     

     

    1. ACCEPTANCE OF TERMS

     

    lonzoslist provides a collection of online resources, including classified 

    ads, 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 lonzoslist services, you agree to abide by any applicable posted 

    guidelines for all lonzoslist 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 lonzoslist 

    in any way, your only recourse is to immediately discontinue use of lonzoslist.  

    lonzoslist has the right, but is not obligated, to strictly enforce the TOU 

    through self-help, community moderation, 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. You can find the 

    most recent version of the TOU at:

     

    http://www.lonzoslist.com/terms

     

     

    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 

    post, email or otherwise make available via the Service. You understand that 

    lonzoslist does not control, and is not responsible for Content made available 

    through the Service, and that by using the Service, you may be exposed to 

    Content that is offensive, indecent, inaccurate, misleading, or otherwise 

    objectionable. Furthermore, the lonzoslist site and Content available through 

    the Service may contain links to other websites, which are completely 

    independent of lonzoslist.  lonzoslist makes no representation or warranty as 

    to the accuracy, completeness or authenticity of the information contained 

    in any such site.  Your linking to any other webites is at your own risk. 

    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 lonzoslist 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. You acknowledge 

    that lonzoslist does not pre-screen or approve Content, but that lonzoslist 

    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 lonzoslist 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 lonzoslist, 

    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 lonzoslist shall not be responsible or liable for any loss or 

    damage of any sort incurred as the result of any such dealings. If there is 

    a dispute between participants on this site, or between users and any third 

    party, you understand and agree that lonzoslist is under no obligation to 

    become involved. In the event that you have a dispute with one or more other 

    users, you hereby release lonzoslist, its officers, employees, agents and 

    successors in rights 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. If you are a California resident, you 

    waive California Civil Code Section 1542, which says: "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."  

     

     

    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 lonzoslist's agent for notice of claims of 

    copyright or other intellectual property infringement ("Agent"), at

     

    abuse@lonzoslist.com

     

    Please provide us with the following Notice:

     

    a) Identify the material on the lonzoslist 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 in your Notice 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; and

     

    e) Your physical or electronic signature.

     

    lonzoslist will remove the infringing posting(s), subject to the the procedures 

    outlined in the Digital Millenium Copyright Act (DMCA).

     

     

    6. PRIVACY AND INFORMATION DISCLOSURE

     

    lonzoslist has established a Privacy Policy to explain to users how their 

    information is collected and used, which is located at the following web 

    address: 

     

    http://lonzoslist.com/?do=privacypolicy

     

    Your use of the lonzoslist website or the Service signifies acknowledgement of 

    and agreement to our Privacy Policy. You further acknowledge and agree that 

    lonzoslist may, in its sole discretion, preserve or disclose your Content, 

    as well as your information, such as email addresses, IP addresses, timestamps, 

    and other user information, if required to do so by law or in the good faith 

    belief that such preservation or disclosure is reasonably necessary to: 

    comply with legal process; enforce the TOU; respond to claims that any 

    Content violates the rights of third-parties; respond to claims that contact 

    information (e.g. phone number, street address) of a third-party has been 

    posted or transmitted without their consent or as a form of harassment; 

    protect the rights, property, or personal safety of lonzoslist, its users or 

    the general public. 

     

     

    7. CONDUCT

     

    You agree not to post, email, or otherwise make available Content:

     

    a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, 

    libelous, invasive of another's privacy, or is harmful to minors in any way;

     

    b) that is pornographic or depicts a human being engaged in actual sexual conduct 

    including but not limited to (i) sexual intercourse, including genital-genital, 

    oral-genital, anal-genital, or oral-anal, whether between persons of the same or 

    opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or 

    masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area 

    of any person;

     

    c) 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;

     

    d) that violates the Fair Housing Act by stating, in any notice or ad for

    the sale or rental of any dwelling, a discriminatory preference based on

    race, color, national origin, religion, sex, familial status or handicap

    (or violates any state or local law prohibiting discrimination on the

    basis of these or other characteristics);

     

    e) 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.

     

    f) 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.

     

    g) that impersonates any person or entity, including, but not limited to, a 

    lonzoslist 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.);

     

    h) that includes personal or identifying information about another person 

    without that person's explicit consent;

     

    i) that is false, deceptive, misleading, deceitful, misinformative, or 

    constitutes "bait and switch";

     

    j) 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;

     

    k) that constitutes or contains  "affiliate marketing," "link referral code," 

    "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited 

    commercial advertisement;

     

    l) that constitutes or contains any form of advertising or solicitation if: 

    posted in areas of the lonzoslist sites which are not designated for such 

    purposes; or emailed to lonzoslist users who have not indicated in writing that 

    it is ok to contact them about other services, products or commercial interests.

     

    m) that includes links to commercial services or web sites, except as allowed 

    in "services";

     

    n) 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. A partial list of prohibited items for sale and prohibited services 

    offered is provided at the following web address for your convenience:    

     

    http://lonzoslist.org/about/prohibited.items.html 

     

    o) 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; 

     

    p) 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; or

     

    q) 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:

     

    r) contact anyone who has asked not to be contacted, or make unsolicited 

    contact with anyone for any commercial purpose;

     

    s) "stalk" or otherwise harass anyone;

     

    t) collect personal data about other users for commercial or unlawful 

    purposes;

     

    u) use automated means, including spiders, robots, crawlers, data mining 

    tools, or the like to download data from the Service - unless expressly 

    permitted by lonzoslist;

     

    v) 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;

     

    w) post the same item or service in more than one classified category or 

    forum, or in more than one metropolitan area;

     

    x) attempt to gain unauthorized access to lonzoslist's 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 lonzoslist website; or

     

    y) use any form of automated device or computer program that enables the 

    submission of postings on lonzoslist 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.

     

    z) use any form of automated device or computer program ("flagging tool")

    that enables the use of lonzoslist's "flagging system" or other community

    moderation systems without each flag being manually entered by the person

    that initiates the flag (an "automated flagging device"), or use the

    flagging tool to remove posts of competitors, or to remove posts without a

    good faith belief that the post being flagged violates these TOU;

     

    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 lonzoslist's resources, you may not use a Posting 

    Agent to post Content to the Service without express permission or 

    license from lonzoslist.  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 lonzoslist.

     

     

    9. NO SPAM POLICY

     

    You understand and agree that sending unsolicited email advertisements to 

    lonzoslist email addresses or through lonzoslist computer systems, which is 

    expressly prohibited by these Terms, will use or cause to be used servers 

    located in California.  Any unauthorized use of lonzoslist 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.), Section 502 of the California Penal Code and Section 17538.45 of the 

    California Business and Professions Code.  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. The fee

    is an access fee permitting Content to be posted in a designated area.

    Each party posting Content to the Service is responsible for said Content

    and compliance with the TOU. All fees paid will be non-refundable in the

    event that Content is removed from the Service for violating the TOU.

     

     

    11. LIMITATIONS ON SERVICE

     

    You acknowledge that lonzoslist 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, and the 

    frequency with which you may access the Service. You agree that lonzoslist 

    has no responsibility or liability for the deletion or failure to store any 

    Content maintained or transmitted by the Service. You acknowledge that 

    lonzoslist reserves the right at any time to modify or discontinue the 

    Service (or any part thereof) with or without notice, and that lonzoslist 

    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

     

    lonzoslist grants you a limited, revocable, nonexclusive license to access 

    the Service for your own personal use.  This license does not include: 

    (a) 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 lonzoslist. 

    A limited exception to (b) is provided to general purpose internet search 

    engines and non-commercial public archives that use such tools to gather 

    information for the sole purpose of displaying hyperlinks to the Service, 

    provided they each do so from a stable IP address or range of IP addresses 

    using an easily identifiable agent and comply with our robots.txt file. 

    "General purpose internet search engine" does not include a website or 

    search engine or other service that specializes in classified listings 

    or in any subset of classifieds listings such as jobs, housing, for sale, 

    services, or personals, or which is in the business of providing classified 

    ad listing services.

     

    lonzoslist permits you to display on your website, or create a hyperlink 

    on your website to, individual postings on the Service so long as such use 

    is for noncommercial and/or news reporting purposes only (e.g., for use in 

    personal web blogs or personal online media).  If the total number of such 

    postings displayed or linked to on your website exceeds one hundred (100) 

    postings, your use will be presumed to be in violation of the TOU, 

    absent express permission granted by lonzoslist to do so.  You may also 

    create a hyperlink to the home page of lonzoslist sites so long as the 

    link does not portray lonzoslist, its employees, or its affiliates in a 

    false, misleading, derogatory, or otherwise offensive matter.

     

    lonzoslist offers various parts of the Service in RSS format so that users 

    can embed individual feeds into a personal website or blog, or view postings 

    through third party software news aggregators.  lonzoslist permits you to 

    display, excerpt from, and link to the RSS feeds on your personal website 

    or personal web blog, provided that (a) your use of the RSS feed is for 

    personal, non-commercial purposes only, (b) each title is correctly linked 

    back to the original post on the Service and redirects the user to the 

    post when the user clicks on it, (c) you provide, adjacent to the RSS 

    feed, proper attribution to 'lonzoslist' as the source, (d) your use or 

    display does not suggest that lonzoslist promotes or endorses any third 

    party causes, ideas, web sites, products or services, (e) you do not 

    redistribute the RSS feed, and (f) your use does not overburden 

    lonzoslist's systems.  lonzoslist reserves all rights in the content of 

    the RSS feeds and may terminate any RSS feed at any time.

     

    Use of the Service beyond the scope of authorized access granted to you by 

    lonzoslist immediately terminates said permission or license.  In order to 

    collect, aggregate, copy, duplicate, display or make derivative use of the 

    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 lonzoslist.

     

     

    13. TERMINATION OF SERVICE

     

    You agree that lonzoslist, 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 lonzoslist believes that you have acted inconsistently with the letter or 

    spirit of the TOU. Further, you agree that lonzoslist 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 use 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 lonzoslist. You further agree not to reproduce, 

    duplicate or copy Content from the Service without the express written 

    consent of lonzoslist, 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. lonzosLIST is a registered mark in the U.S. Patent 

    and Trademark Office.

     

    Although lonzoslist does not claim ownership of content that its users post, 

    by posting Content to any public area of the Service, you automatically 

    grant, and you represent and warrant that you have the right to grant, to 

    lonzoslist 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, by posting Content to any public area of the Service, 

    you automatically grant lonzoslist 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

     

    YOU AGREE THAT USE OF THE lonzosLIST SITE AND THE SERVICE IS ENTIRELY AT 

    YOUR OWN RISK. THE lonzosLIST 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, 

    lonzosLIST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, 

    TIMELINESS, ACCURACY, AND PERFORMANCE OF THE lonzosLIST SITE AND THE 

    SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, lonzosLIST DISCLAIMS ANY 

    WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE 

    lonzosLIST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON 

    THE lonzosLIST SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, lonzosLIST 

    DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN 

    CONNECTION WITH THE lonzosLIST 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 lonzosLIST BE LIABLE FOR DIRECT, INDIRECT, 

    INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF lonzosLIST 

    HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY 

    ASPECT OF YOUR USE OF THE lonzosLIST SITE OR THE SERVICE, WHETHER THE 

    DAMAGES ARISE FROM USE OR MISUSE OF THE lonzosLIST SITE OR THE SERVICE, FROM 

    INABILITY TO USE THE lonzosLIST SITE OR THE SERVICE, OR THE INTERRUPTION, 

    SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE lonzosLIST SITE 

    OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES 

    INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR 

    ADVERTISED IN CONNECTION WITH THE lonzosLIST SITE OR THE SERVICE OR ANY 

    LINKS ON THE lonzosLIST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR 

    ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE lonzosLIST SITE 

    OR THE SERVICE OR ANY LINKS ON THE lonzosLIST 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 lonzoslist, 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 lonzoslist and 

    govern your use of the Service, superceding any prior agreements between you 

    and lonzoslist. The TOU and the relationship between you and lonzoslist 

    shall be governed by the laws of the State of California without regard to 

    its conflict of law provisions. You and lonzoslist agree to submit to the 

    personal and exclusive jurisdiction of the courts located within the county 

    of San Francisco, California. The failure of lonzoslist 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

     

    Please report any violations of the TOU, by flagging the posting(s) for 

    review, or by emailing to:

     

    abuse@lonzoslist.com

     

    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 lonzoslist to pursue legal action to enforce these 

    Terms, you will be liable to pay lonzoslist the following amounts as liq