The Terms of Use (the "Agreement") sets forth the terms and conditions that apply to your access to and use of Basic Resources Website Network. By using our Website Network, you agree to comply with all of the terms and conditions hereof. We reserve the right to change the terms and conditions of this Agreement, including our separate Advertiser Agreement, Privacy Policy and Copyright, from time to time, as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of this Website Network that changes have been made, regardless of the scope and importance of the changes. We reserve the right to refuse service, terminate membership and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of Basic Resources, its affiliates, vendors or licensees. Our Website Network may change, restrict access to, suspend or discontinue a Website, or any portion of a Website, at any time.
You shall be responsible for protecting the confidentiality of your Username(s) and Password(s), if any.
We recommend that you review this Agreement on a regular basis so that you always will know what terms and conditions apply to your access to and use of this Website Network. Your continued use of our Website Network after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes.
Please see our Advertiser Agreement, Privacy Policy and Copyright for additional information applicable to our Website Network.
Our Website Network and all content displayed on these sites and all software, data and information used to provide a Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by Basic Resources , affiliates or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties. We grant you the limited and nonexclusive right and license to access or download content from this Website Network solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the Website Network. Except as expressly authorized in this Agreement, you may not modify, distribute, reproduce, display or use this Website Network or any elements thereof. All rights not expressly granted to you by us in this Agreement are reserved to Basic Resources and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Website Network as authorized hereunder.
Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics are strictly prohibited without prior express written permission of Basic Resources. In addition to the foregoing limitations, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Website Network, or any trademark, logo, content or other proprietary information (including images, text, page layout or form) included on the Website Network, with any other software or content of a 3rd party. You may not deploy any Search Engine Optimization ("SEO'') tools (i.e. Meta Tags) or any other techniques utilizing the names or trademarks of Basic Resources, affiliates or licensees without express written consent. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Website Network using any hardware, software or automated means, methodology, algorithm or device or any manual process for any purpose.
This Website Network may provide links or references to 3rd party sites that Basic Resources does not operate and which will allow you to leave the site or open an additional browser connecting you to the 3rd party site. Basic Resources has no responsibility for the content of such 3rd party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such 3rd party sites. Any such links to 3rd party sites are provided as merely a convenience to the users of this Website Network, and such links do not imply endorsement by Basic Resources of such other 3rd party sites or the content contained therein. Basic Resources disclaims all liability with regard to your access to such linked Web sites, and access to any other Internet Web sites linked to this Website Network is at your own risk. You should consult the terms of use and privacy policy of any other Internet Web site. You release and discharge Basic Resources, affiliates or licensees from any and all liability arising from your purchase or use of products or services by or through such 3rd party sites.
Please note that this Terms of Use applies solely to products or services offered for sale directly by our Website Network. This Terms of Use does not apply to products or services offered or posted by one of our advertisers or members. Please see our separate Advertiser Agreement for additional information related to any products or services offered by our advertisers or members.
You may be able to purchase certain products or services directly from us on our Website Network. With respect to those products, we make no express warranties whatsoever and disclaim any thereof, and all such products are sold "AS IS."
EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY SECTION, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT OR SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM SAME.
Under no circumstances, will we be liable, whether in contract, tort or under any other legal theory, for lost profits or revenues, loss of use or similar economic loss, for any indirect, special, incidental, consequential, punitive or similar damages arising out of or in connection with any products (including non-conforming products) or services (non-confirming services), or for any 3rd party claims against you relating to any products or services, even if we have been advised of the possibility of such claim. In no event will our monetary liability (whether in contract, tort or under any other legal theory) in respect of any product or service exceed the purchase price that you paid to us for it.
Basic Resources assigns each member with either a unique username or password to protect member account information. These unique identifiers are disclosed to the user via e-mail immediately upon joining the Basic Resources Website Network. Only members have the ability to modify their personal information and edit their listings as needed.
If you become a member of this Website Network, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are entirely responsible for maintaining the confidentiality of your account information, including your username, password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of, or visitor to, our Website Network due to someone else using your account or password.
This Web site does not sell products or services for children, but it sells them to adults, who can purchase with a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this Website Network, including information, products and services referred to, advertised or promoted on or sold though the Website Network. This Website Network and all information, products or services available through this Website Network are provided by us on an "AS IS" basis without warranties of any kind, either express or implied. Neither Basic Resources, nor any of its affiliates or licensees warrant that this Website Network will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Website Network, or as to the accuracy, reliability or completeness of content or any information, service or merchandise provided through this Website Network.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BASIC RESOURCES, ITS AFFILIATES NOR ITS LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEBSITE NETWORK, OR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS WEBSITE NETWORK. BASIC RESOURCES, ITS AFFILIATES AND LICENSEES SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATIONS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL BASIC RESOURCES, ITS AFFILIATES OR ITS LICENSEES OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF ACCESS TO, OR THE USE OF, OR INABILITY TO USE THIS WEBSITE NETWORK OR ANY PRODUCTS OR SERVICES, INCLUDING OR RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, EVEN IF BASIC RESOURCES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that the entire liability of Basic Resources, its affiliates or licensees arising out of any kind of legal claim arising out of or otherwise related to this Website Network will not exceed the amount you paid, if any, for the use of this Website Network or any products or services purchased hereon out of which such liability allegedly arises.
Basic Resources provides the material available through this Website Network for informational purposes only. You may only use the material and the services available through this Website Network for your personal and non-commercial use. Before you act on any information you've found on one of sites, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE NETWORK, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY INFORMATION, DATA OR MATERIALS DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE NETWORK.
Basic Resources does not review every posting made in our forums and other areas available for public postings. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff.
We have in place what we deem to be reasonable operational (i.e., physical, electronic and managerial) procedures to maintain data security and safeguard the personally identifiable information we collect and help prevent unauthorized access and use of such data.
In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.
Any personally identifiable information provided by you in electronic communications to the Website Network is governed by this Website Network's Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in this Agreement by reference.
We may provide a variety of services on this Web site through which you can directly interact with others, such as forums or classifieds and other user-submitted advertising, and other public posting areas, but we assume no responsibility for the views and opinions expressed.
In order to comply with the law or authorized government request, to enforce our Terms of Use, or to protect the rights, property or safety of visitors to our Website network, our customers, the public or Basic Resources, its affiliates or licensees, we reserve the right (but assume no obligation) to review the content of this Website Network, including listings, forums and other information posted to the Website Network. We shall have the right, in our sole discretion, to delete, move, refuse to post, or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
By using this Website Network, you agree not to post, submit or transmit through this Website Network any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to this Web site or otherwise to the owners of this Web site shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any content or other material submitted by you to or through this Web site and agree that you will indemnify and hold Basic Resources harmless from and against any claims, damages or losses related to such content or other material.
We reserve the right to deny access to anyone who violates this Usage Agreement or who, in our judgment, interferes with the ability of others to enjoy our Website Network or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any content, including law enforcement agencies.
You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, "Ideas") to us via this Website Network, whether by submission to a public area of the Website Network (i.e. Forums or Listings) or by other communication to us through e-mail or other means of electronic communication facilitated by the Website Network. Although Basic Resources does not claim ownership of content that its users post, by submitting communications, materials or Ideas to any public area of this Website Network, you grant Basic Resources, its affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and ideas (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter on a worldwide basis. You also permit any other user of this Website Network to access, view, save or reproduce the material or ideas for that user's personal use. Such purposes may include disclosure to 3rd parties. By posting or disclosing such information, you hereby waive any claim that Basic Resources misappropriated any such Ideas, materials or any portions of your communication.
Basic Resources respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from the Web site under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Basic Resources the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
For copyright inquiries, please contact Basic Resources, LLC, 1266 E. Main Street, Ste 700R, Stamford, CT 06902 or support@basicresource.com.
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website Network, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Website Network, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store any communication by you with us through the Website Network or any service offered on or through the Web site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Basic Resources, its employees, users of or visitors to the Website Network, and the public.
Without limiting any other portion of this Terms of Use, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Website Network and/or block your future access to the Website Network if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website Network. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Basic Resources may have at law or in equity.
Use of this Website Network by you for spamming is strictly prohibited. By using this Website Network, you agree not to use information concerning other users of this Website Network or any items such users have listed or searched for on this Website Network (including listing information, user names, e-mail addresses, telephone numbers and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor.
This Agreement shall be governed in all respects by the laws of the State of Delaware as they apply to agreements entered into and to be performed entirely within Delaware between Delaware residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Basic Resources, LLC must be resolved by a court located in Delaware. You agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes. If a claim or dispute is concluded in favor of Basic Resources, you agree to pay all legal fees associated with such claim or dispute.
Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Basic Resources as a result of this agreement or use of this Website Network.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use this Website Network for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Website Network will not be permitted.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website Network, which includes any discontinuance or material modification of the Website Network or any service offered on or through the Website Network, or due to any unexpected technical issues or problems. We reserve the right to deny access to the Website Network at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Basic Resources. You agree that Basic Resources will not be liable to you or to any 3rd party for termination of your access to the Website Network as a result of any violation of these Terms of Use.
If you have any questions with respect to this Terms of Use or for further information, please contact Basic Resources at: Basic Resources, LLC, 1266 E. Main Street, Ste 700R, Stamford, CT 06902 or support@basicresource.com.