3. No Representations and Warranties. Neither Big Flamingo Enterprises, its subsidiaries, nor any of its other affiliates (collectively, the “Company”) makes any representation or warranty of any kind with respect to the materials and information contained on the Website. Your use of the Website is at your own risk. Although Big Flamingo Enterprises attempts to provide accurate information, the Website is intended to be for general reference and informational purposes only. Big Flamingo Enterprises assumes no responsibility for errors or omissions in the content of the Website, and makes no commitment to update such information. Your sole and exclusive remedy for issues relating to the use of, or the material on, the Website shall be to discontinue accessing the Website and using the information or material obtained. You and Big Flamingo Enterprises agree that Big Flamingo Enterprises shall not be liable for any damages relating to your use of, or reliance upon, the Website or any of its content. When utilizing the Website please keep the following in mind:
* Any or all information may be incomplete. In the interest of continuous improvement, Big Flamingo Enterprises reserves the right to modify or change listings, materials and features without prior notice or obligation. Applicable fees and charges may not be disclosed on the Website. Although every effort has been made to ensure that the information and terms contained herein are accurate and current, at any time such information and terms are subject to change, prior to sale. Photos and/or drawings of sale items may not represent the items at the sale. Any customer posting a list assures the information is accurate and true. Big Flamingo Enterprises . Big Flamingo Enterprises cannot control future development or guarantee the preservation of any listing or information provided by its users. Any photographs or renderings of people in these materials do not depict racial preference.
* Big Flamingo Enterprises Undertakes No Duty to Keep the Website Updated. Product and other information, including availability is subject to change at any time. The Website may contain inaccurate, incomplete, or out-of-date information. Prices may increase or decrease at any time. Postings to the Website are made at such times as determined by Big Flamingo Enterprises in its discretion. Users of the Website should not assume that the information contained on the Website has been updated or otherwise contains current information. Big Flamingo Enterprises does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded.
4. 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 all Content that you post, email or otherwise make available via the Service. You understand that Big Flamingo Enterprises 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 Big Flamingo Enterprises site and Content available through the Service may contain links to other websites, which are completely independent of Big Flamingo Enterprises. Big Flamingo Enterprises 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 Big Flamingo Enterprises be liable in any way for any Content or for any loss or damage ofany kind incurred as a result of the use of any Content posted, emailed orotherwise made available via the Service. You acknowledge that Big Flamingo Enterprises does not pre-screen or approve Content, but that Big Flamingo Enterprises 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 Terms or for any other reason.
5. No Offer To Sell. No information or material on this Website is to be construed to be an offer or solicitation for sale. All Content about which information is provided herein are subject to prior sale. The information on this Website is provided for informational purposes only.
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 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 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;
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 impersonates any person or entity, including, but not limited to, a Big Flamingo Enterprises employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
f) that includes personal or identifying information about another person without that person's explicit consent;
g) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
h) 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;
i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Big Flamingo Enterprises sites which are not designated for such purposes; or emailed to Big Flamingo Enterprises users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
k) that includes links to commercial services or web sites, except as allowed in "services";
l) 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:
m) 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;
n) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
o) 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:
p) contact anyone who has asked not to be contacted;
q) "stalk" or otherwise harrass anyone;
r) collect personal data about other users for commercial or unlawful purposes;
s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Big Flamingo Enterprises;
t) 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;
u) post the same sale or service more than once, or in more than one metropolitan area;
v) attempt to gain unauthorized access to Big Flamingo Enterprises'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 Big Flamingo Enterprises website; or
w) use any form of automated device or computer program that enables the submission of postings on Big Flamingo Enterprises 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.
7. No Tax, Investment or Legal Advice. The content and information presented on the Website is for informational and promotional purposes only and is not intended to offer specific tax, investment or legal advice of any kind. References to tax and other laws are intended to convey the gist of general rules only and do not describe the various exceptions, limitations and rules for special situations that frequently accompany such general rules.
8. Release, Disclaimer and Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE STANDARD PACIFIC, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF BIG FLAMINGO ENTERPRISES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THE WEBSITE OR THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Big Flamingo Enterprises email addresses or through Big Flamingo Enterprises computer systems is expressly prohibited by these Terms. Any unauthorized use of Big Flamingo Enterprises 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. Links to Other Sites. While on the Website, you may be referred to websites other than Big Flamingo Enterprises’ Website. A link from the Website to such a third party website does not imply endorsement of that site nor any ability to control that site's privacy practices. Big Flamingo Enterprises has not reviewed or endorsed any third party website, and you hereby acknowledge and agree that Big Flamingo Enterprises shall not be responsible for the content, products or services offered on such websites. Be aware that third party websites may collect data and personal information and operate according to their own privacy practices. Therefore, you should carefully review the privacy policies of third party websites before submitting any personal information to them. You are responsible for compliance with all laws regarding material obtained from any third party websites.
11. Intellectual Property. The information on the Website including, without limitation, all design, text, images, photographs, press releases, and other information, are protected under United States and other copyright laws and are owned by Big Flamingo Enterprises and/or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Big Flamingo Enterprises 's prior written consent, except to the extent that such use is authorized under the United States and other relevant copyright laws. Big Flamingo Enterprises' trademarks, logos, images, and service marks used on the Website are the property of Big Flamingo Enterprises and may not be used without the prior written consent of Big Flamingo Enterprises and without proper acknowledgment. All other trademarks and/or logos are the property of their respective owners.
12. Children. To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, we do not knowingly provide products or services to children under the age of 13. The Website is a general audience site that is not designed nor intended to collect personal information from children under the age of 13. If you are under 13 years old, you should not request any information nor provide any Personal Information to the Website.
13. Governing Law. The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims relating to the materials on the Website.
14. Severability. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms.
15. English Controls. We make no representation or warranty as to the accuracy or completeness of the translation provided and undertake no further obligation to interact with you in any language. Big Flamingo Enterprises conducts business in English and you should expect that any further contact you may have with Big Flamingo Enterprises will be in English. All Company personnel, including warranty and customer service personnel, speak English.