1. Description of Service.
DiggersList.com is providing Member with access to classified ads (to buy and/or sell), personal/business profiles, community networking, various email services, forums and other online resources. Member must provide: (1) all equipment necessary for their own Internet connection, including computer and modem; (2) provide for Member’s access to the Internet; and (3) pay any fees related to such connection.
2. Disclaimer of Warranties.
The DiggersList.com website and the Service are provided by DiggersList.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, DiggersList.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of the DiggersList.com website in terms of its correctness, accuracy, reliability or otherwise. DiggersList.com shall have no liability for any interruptions in the use of the Diggerslits.com website. DiggersList.com disclaims all liability and warranties with regard to the information provided, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and of non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the some portions of foregoing disclaimer and limitation may be inapplicable.
3. Limitation of Liability.
DIGGERSLIST.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DIGGERSLIST.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THE DIGGERSLIST.COM WEBSITE, OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DIGGERSLIST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE PORTIONS OF THE FOREGOING DISCLAIMER AND LIMITATIONS MAY BE INAPPLICABLE.
Member agrees to indemnify and hold DiggersList.com, its parents, subsidiaries, affiliates, officers, owners, employees, successors and assigns harmless from any and all claims and demands, of any type, in law or equity, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the Member’s use of the DiggersList.com website, the violation of this Agreement, or infringement by Member or other user of the Service using Member’s computer, of any intellectual property right or any and all other rights of any person or entity.
5. Modifications and Interruption to Service.
DiggersList.com reserves the right to modify or discontinue the Service or the DiggersList.com website with or without notice to the Member. DiggersList.com shall not be liable to Member or any third party should DiggersList.com exercise its right to modify or discontinue the Service or the DiggersList.com website. Member acknowledges and accepts that DiggersList.com does not guarantee continuous, uninterrupted or secure access to the DiggersList.com website and operation of such website may be interfered with or adversely affected by numerous factors or circumstances outside the control of DiggersList.com.
6. Third-Party Sites.
7. Disclaimer Regarding Accuracy of Vendor Information.
Product specifications and other information have either been provided by the sellers or vendors (collectively “Vendors”) or collected from publicly available sources. While DiggersList.com makes every effort to ensure that the information on the DiggersList.com website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on the DiggersList.com website. Further, DiggersList.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and the Member acknowledges that any reliance on representations and/or warranties provided by any Vendor shall be at Member’s own risk.
8. Governing Jurisdiction of the Courts of California.
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Agreement, without giving effect to any choice of law rules. DiggersList.com makes no representation that its website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the DiggersList.com website you agree to do so subject to the internal laws of the State of California.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable local, state, federal, or international laws, statutes, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information.
All content included or available on the DiggersList.com website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 DiggersList.com, with all rights reserved, or is the property of Matt Knox & Johnnie Munger, protected by intellectual property rights. Any use of materials on the DiggersList.com website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, spamming or other commercial exploitation of any kind, without prior written permission of an authorized officer of DiggersList.com is strictly prohibited. Member agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the DiggersList.com website or webpages or the content contained therein without prior written permission of an authorized officer of DiggersList.com.
DiggersList™ and DiggersList.com™ are proprietary trademarks of DiggersList.com. DiggersList.com’s trademarks may not be used in connection with any product or service that is not provided by DiggersList.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DiggersList.com.
All other trademarks displayed on the DiggersList.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those owners or Vendors. In addition, such use of trademarks or links to the websites of third parties or Vendors is not intended to imply, directly or indirectly, that those Vendors or third parties are endorsed by, or endorse or have any affiliation with, DiggersList.com.
11. Notification of Claimed Copyright Infringement.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, DiggersList.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Matt Knox, 637 36th Street, Manhattan Beach, CA 90266
By Telephone: (310) 499-9292 Extension 4
By Email: [email protected]
DiggersList.com retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, DiggersList.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion.
13. Other Terms.