Michigan Money Saver - April 15, 2018 Editions

Gaylord | Bay | Traverse City

Michigan Money Saver Classifieds Terms Of Use

Applicability

These Michigan Money Saver Classifieds Terms of Use (the "Classifieds Terms") supplement the Terms of Use ("General Terms"), Privacy Statement and DMCA/Copyright Notice (collectively, the "General Terms") posted elsewhere on michiganmoneysaver.com. These Classifieds Terms apply to michiganmoneysaver.com.com and any related mobile sites and applications (respectively the "Sites"). You should review the General Terms before proceeding.

Acceptance Through Use

By posting or viewing a classified listing on the Sites (a "Listing" or "Listings"), you agree to be bound by all of the terms, conditions and notices contained or referenced in these Classified Terms. You should review the Classified Terms from time to time. Choice Publications, Inc. ("Operator") may change any of the Classified Terms at any time and for any or no reason by posting revisions to the Sites. Your continued use of the Sites constitutes your acceptance of the revised Classified Terms. If you do not accept all of the Classified Terms, you are not authorized by Operator to post or view any Listings.

Minimum Age

The Michigan Money Saver Classifieds (including For Sale, Vehicles, Classes, Real Estate, Services, Community, Personals and Jobs) section of the Sites is not directed to, or intended for use by, anyone under the age of eighteen (18). Individuals under the age of eighteen (18) are not authorized by Operator to post or view Listings.

Posting Rules

You must comply with the following rules when posting a Listing:

  1. Single Account. Any person above the age of eighteen (18) is allowed one (1) Michigan Money Saver Classifieds account. Any Business (defined as any corporation, LLC, dealer, sole-proprietor or other entity that regularly offers goods or services for sale, regardless of whether operating from a commercial location, home or online) is allowed one (1) Michigan Money Saver Classifieds account per unique Business. If an Individual (defined as any person offering items for free, sale, or trade by owner) or unique Business is using multiple accounts, all additional accounts and Listings will be deleted. If your account is permanently banned, you may not create another account on the Sites.
  2. Multiple Listing Accounts. A Business paying to list multiple Listings on the Sites are bound by the General Terms of the Sites. A paying Business may only list its products from its paid account. Listings placed from multiple accounts to subvert any of these Classifieds Terms will be removed and the accounts banned without warning.
  3. Business Identification. A Business MUST select the appropriate business/dealer option when placing a Listing.
  4. Dealer Identification. Dealers of all types that place Listings on the Sites must include their dealer number in the Listing as required by law. "Dealers" include, but are not limited to automobile dealers, motorcycle dealers, ATV dealers, recreational vehicle dealers, snowmobile dealers, livestock dealers, realtors and brokers.
  5. Contact Information. A working phone number is required to post any Listings.
  6. Content. All Listings must be in good taste and may not contain any objectionable content (including, but not limited to, direct requests for money, gifts, or other items (without an exchange for a good or service), pranks, profanity, defamation, inappropriate images, inappropriate language, etc.), as determined by Operator in its sole discretion. Listings for massage services are prohibited. Listings for adult goods or services are prohibited. At this time, the sale and trade of firearms is prohibited. All Listings must be for goods or services that are permitted under Michigan law. You are responsible for the content of your Listing. Listings may not contain, in Operator's sole discretion, information of a religious, political or non-commercial nature.
  7. Description. The content in your Listing (including title, description, image, image captions, and any other information included with your Listing) must be concise and limited to the specific goods offered for sale or trade. You may not list any unrelated information and/or keywords (including multiple items, brands, makes, models or locations) in the content of your Listing as a means to generate unwarranted search results or to circumvent any other Posting Rule.
  8. Number of Listings. Except as authorized by Operator in writing on a case-by-case basis, a unique Business is limited to five (5) General classified Listings at any time, two (2) motor vehicle classified Listings during a consecutive 12-month period, and one (1) real estate classified Listing on the Sites during a consecutive 12-month period. Individuals may post unlimited General classified Listings at any given time, two (2) motor vehicle classified Listings during a consecutive 12-month period, and one (1) real estate classified Listing on the Sites during a consecutive 12-month period.
  9. Use Only One (1) Vertical. Except as authorized by the Operator you may not post the same Listing in more than one (1) vertical (i.e. Cars, Homes, Jobs, General, Services). Contact the Operator for information about multiple listing packages. If no vertical fits the goods you are selling, do not post a Listing.
  10. Use Only One (1) Category and One (1) Sub-category. Except as authorized by the Operator you may not post the same Listing in more than one (1) category and one (1) sub-category. Contact the Operator for information about multiple Listing packages. If no category and sub-category fits the goods you are selling, do not post a Listing.
  11. Reposting. Except as authorized by the Operator in writing you must wait at least fourteen (14) days before reposting a Listing for the same or substantially similar goods. Violators may, among other remedies available to Operator, have their accounts suspended or permanently banned. Contact the Operator for information about available refresh packages.
  12. Roadblocking. The practice of posting multiple Listings in sequential order to “take over” or monopolize a page (or pages) of search results creates a poor customer experience and is prohibited. Violators may, among other remedies available to Operator, have their accounts suspended or permanently banned.
  13. Employment Listings. Employment Listings are only allowed in the Jobs vertical of the Sites. Operator will remove any and all employment Listings posted outside of the Jobs vertical. Users of the Sites that repeatedly post employment Listings outside of the Jobs vertical will be at risk of being banned from the Sites. Please refer to the Employment/Recruitment section below for more information.
  14. Service Listings. Listings for services (defined as an intangible commodity or activity) must be posted in Michigan Money Saver Local. All Listings posted in Michigan Money Saver Local are subject to the Michigan Money Saver Local Review Guidelines and Terms of Use.
  15. Free Category. Listings placed in the Free category on the Sites must be for goods that do not require a commitment or obligation of any type. Goods that are provided after sign-up or upon completion of a task are not free and should not be placed in the Free category.
  16. Ad Price/Auction Listings. The price field on each Listing must be the total selling price of the item; this means the price a person is expected to pay at the time of purchase (Service Listings in Michigan Money Saver Local do not require a posted price). You may list additional payment information (such as monthly payments allowed, etc.) in the Listing description. We do not allow auction Listings on the Sites; however, we do allow auction announcements within the Announcements category. All auction announcement Listings must have a "buy it now" price in the Listing price field. The "buy it now" price must be what the user is expected to pay for the item instead of bidding for the item at an auction. Listings without a reasonable total selling price will be deleted without notification.
  17. Featured Listings. Featured Listings are bound by the same terms as contained herein. Notwithstanding, Operator may establish general practices, policies, and limits which may or may not be published, concerning the use of Featured Listings.

Real Property/Homes

Listings posted in the Homes vertical and/or Other Real Estate category on the Sites are subject to the following additional rules:

  1. Realtor/Broker Identification. Listings posted by or on behalf of realtors or brokers must include the identity of the realtor or broker listing the property.
  2. Listing Agent Preference. Duplicate listings are not allowed on the Sites. Any listings not belonging to the listing agent (as determined by the Michigan MLS) will be removed.

Employment/Recruitment

Employment Listings posted in the Jobs vertical on the Sites are subject to the following additional rules:

  1. Pricing. The current price for each employment classified Listing is indicated on the Listing placement form. Operator may change the pricing at any time without notice. Listings must be purchased in advance. Contact the Operator for bulk purchase/invoice options.
  2. Content. Employment Listings are limited to a single employment position. You may not include a description of multiple employment opportunities in an employment Listing or update an employment Listing at a later time to advertise a different employment opportunity or multiple employment opportunities. Operator may remove any Listing that Operator deems objectionable or in poor taste without notice.
  3. Payment. Self-serve employment Listings and Self-serve Featured Listings must be paid by credit card. Payment will be processed by a third-party credit card payment processing company. Third-party credit card payment processing companies will likely have their own terms and conditions concerning services offered. Those terms and conditions may apply to you. You should review the terms and conditions of all third-party credit card payment processing companies before submitting payment for a Listing.

Violations

Operator may at its discretion monitor the Michigan Money Saver Classifieds portion of the Sites from time to time. Operator may remove or disable Listings that, in Operator’s sole discretion, violate the Posting Rules identified within these Classifieds Terms or which Operator considers objectionable or in poor taste. Operator may act to prevent anyone who violates these Classified Terms from posting or viewing Listings on the Sites and may block access to the Sites. Operator reserves all other rights and remedies, including monetary damages, available to it under the law for violations herein. Please report all violations using the link provided with each Listing.

No Commercial Solicitation

Businesses may not contact Individual sellers to solicit commercial services or products.

No Representations

Operator is not involved in the actual transaction between a seller posting a Listing for goods, services, offers, etc. and the consumer responding to the Listing. Operator does not have control over, and does not guarantee the quality, safety or legality of any of the goods, services, offers, etc. listed in Listings posted on the Sites. Operator does not make any representations or warranties concerning the ability of a seller to sell/promote the goods, services, offers, etc. listed in a Listing. Operator does not make any representations or warranties concerning the ability of a buyer to purchase any goods or services or that a seller and a buyer will actually complete a transaction. Operator has no control and makes no representations concerning the accuracy, reliability, completeness, or timeliness of any Listings. The Sites are provided “AS IS” and “AS AVAILABLE.”

Limitation of Liability

YOU SPECIFICALLY AGREE OPERATOR, NOR ITS OFFICERS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR COMPENSATORY DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), WHETHER OR NOT YOU OR OPERATOR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES WITH RESPECT TO THE SITES, INCLUDING BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES; (C) STATEMENTS OR CONDUCT OF ANY PARTY IN CONNECTION WITH OR THROUGH THE SITES; (D) ANY OTHER MATTER RELATING TO THE SITES; (E) ANY BREACH OF THESE TERMS OF USE BY OPERATOR; OR (F) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY INDIVIDUAL OR BUSINESS RELATED TO THE SITE (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT OPERATOR IS FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE.

Indemnification

You agree to indemnify and hold harmless the Operator, and its successors and assigns, from and against any and all costs, damages, whether such damages are direct or consequential, and expenses and fees, including reasonable attorneys' fees, incurred as a result of any claim, action, proceeding, or demand arising from any content or review posted by you, your use of the Sites or your breach of these terms.

No Promise of Results

Operator does not represent or warrant that posting free or paid Listings will result in a successful response or transaction. You acknowledge that the Sites may not be accessible at all times, including during periods when a Listing is scheduled for display. You use the Sites at your own risk and without recourse to Operator if your Listing does not appear as scheduled, regardless of reason. Operator does not warrant that the Sites will operate error-free or that the Operator’s servers are free from computer viruses or other harmful mechanisms. Operator is not responsible for servicing or replacing any equipment or data from the use of the Sites. The Site is provided as is, without any warranties of any kind. Operator disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for a particular purpose and non-infringement.

Notice of Risk

Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Sites.

Claims

You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to these Classified Terms or your use of the Sites is governed by Michigan law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Gaylord, Michigan (except we may seek injunctive remedy anywhere); and (3) to submit to personal jurisdiction of said courts.