MERXIT.com TERMS of USER'S AGREEMENT
MERXIT.com Website (the "Site") is owned by CyberEguides.com Your use of it is conditioned on your acceptance, of the conditions, terms, policies and notices of this user agreement ("Agreement") set forth here. By using it, your action constitutes your agreement to all such conditions, terms, policies and notices, so please read it carefully. By complying with the terms of this agreement, MERXIT.com grants you a non-exclusive, non-transferable, limited right to enter, use, perform and display MERXIT.com and everything on it. You also agree not to interrupt or attempt to interrupt the operation of MERXIT.com in any way.
In case you are not 18 years old or older you need to inform your parent or guardian about the MERXit.com privacy policy before you give any personal information, including at registration. If you happen to win a prize your parent or guardian will have to send a fax or a letter authorizing it and accept it for you. If anyone have comments regarding the Site or this Agreement, you may send them by e-mail to customerservice@MERXIT.com, by fax to 281 710 7167 or regular mail to: CyberEguides.com PO Box 631416, Houston TX 77263.
User's Limitations & Copy Right
The MERXIT.com Site and all of its contents, including but not limited to text, photographs, images, illustrations, graphics, and other software (collectively "Intellectual Property") are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by MERXIT.com or the party credited as the provider of Intellectual Property. Additionally, the Site itself is protected by copyright as a collective work and or compilation. You agree that you will not, and you may not download, copy, publish, distribute, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of the Intellectual Property, or the Site itself, in whole or part, except as expressly authorized in this section of the Agreement. You may browse the Site and download one copy of occasional materials appearing on the Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark, and other notices contained in this one personal copy. You may not reproduce, distribute, sell, modify, display, make available to others, or use any portion of the Intellectual Property in any other way or for any other purpose without the written consent of MERXIT.com. You may not save or archive a significant portion of the material appearing on this Site.
PLACEMENT of FREE ADS
Free Classified ads can be placed by individuals and dealers for the assigned period of time instituted at the time of placement (today is 30 days) and at the categories allowed. LIMITATION to FREE ADS: It is not allowed to place a classified ad offering or soliciting the same merchandise, service, job or personal information before a SIX DAY (144 hours) period consecutively. User has to wait 6 days before placing the same ad again. Paid ads or Featured ads have no time restriction.
Third party names and marks used in this website are the property of their respective owners.
This Agreement can be Changed
MERXIT.com reserves the sole right to change this Agreement at any moment. MERXIT.com will display a notice of such change on the Site. By continuing to use the Site after a change is made, you accept and are bound by the modified Agreement. Only MERXIT.com may alter this Agreement. If MERXIT.com finds that you have not complied with any part of this Agreement, it may terminate your access to the Site and any services provided by the Site. Any termination of this Agreement removes your authorization to access or use the Site and requires you to destroy all electronic or other materials and copies of such materials obtained from the Site. However, in the event of termination, you will still be bound by your obligations under this Agreement including the warranties made by you, and by the disclaimers and limitations of liability.
General Limitation of Liability;
Disclaimer
THE SITE, AND ALL ITS CONTENTS (INCLUDING CLASSIFIED ADS, BANNERS, FORUM POSTS OR PERSONAL NOTICES), ARE PROVIDED TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. MERXit.com DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION OF ANY KIND FOUND ON THE SITE. IN PARTICULAR, MERXIT.com DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION CONTAINED IN ANY classified advertisement appearing on the website. the ADS ON THE SITE ARE PROVIDED BY THE INDIVIDUAL OR COMPANY OFFERING A SERVICE OR NOTICE AND THE SELLER AND NOT MERXIT.com. ALL TRANSACTIONS ARE BETWEEN THE INDIVIDUAL PERSON OR COMPANY, THE BUYER AND SELLER, NOT THE BUYER or USER AND MERXit.com. ANY SERVICE, PERSONAL INFORMATION OR PRODUCT DESCRIBED ON THIS SITE IS GIVEN, TRADED or SOLD "AS IS", WITH ALL ITS FAULTS AND BENEFITS. MERXit.com MAKES NO WARRANTY, either express or implied, as to the accuracy of information about persons or companies, product merchantability; fitness for its general intended purpose; or fitness for a particular purpose. If you are unsure about the service you are seeking, your purchase, sale or who you are meeting, you are advised to seek the advice of competent legal, accounting and professional counseling before you meet anyone or sign a contract. YOUR RELIANCE ON ANY INFORMATION FOUND ON THE SITE IS AT YOUR OWN RISK. MERXIT.com, ITS PARENT COMPANY, AFFILIATES AND ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE, INCLUDING BUT NOT LIMITED TO MERXIT.com’s NEGLIGENCE, YOUR ACCESS TO AND USE OF THE SITE, THE UNAVAILABILITY OF THE SITE, ERRORS OR INACCURACIES CONTAINED ON THE SITE, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE, EVEN IF YOU HAVE ADVISED MERXIT.com IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE. MERXIT.com is not responsible for, or liable for, any damage, including damage caused by viruses, to your computer, computer system, or other property, during or on account of access or use of the MERXIT.com or any sites to which the MERXIT.com provides hyperlinks ("links"). MERXIT.com includes links to other Internet sites that may be of interest to users. The presence of a link to a third party site does not constitute or imply MERXIT.com's endorsement, sponsorship, or recommendation of the third party or of the information or products contained on the site. MERXit.com does not monitor or control any linked sites and is not responsible for their content or availability.
Fees
All fees are subject to change without notice at MERXIT.Com sole discretion. All already paid ads will remain at their original fee until their initial period ends. A notice will be placed in the fee's page to announce the change of fees.
Rules Of Conduct
You agree not to do any of the following while on MERXIT.com: transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable; impersonate any person or entity, including but not limited to, an Instant Message Center official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity; post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); post or transmit any Content that contains a virus or corrupted data; delete any author attributions, legal notices or proprietary designations or labels that you upload to a Instant Message Center communication feature; use MERXIT.com’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps] or flooding [continuous posting of repetitive text]); post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting (e.g., uploading) Content to an Instant Message Center communication feature or posted ad, you automatically grant MERXIT.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived. MERXIT.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in MERXIT.com’s ads and banners sections & communication features. Without limiting the foregoing, MERXIT.com and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.
Penalties
MERXIT.com strives to serve the public's needs by having instantaneous placement of ads.
In order to send a message to those who brake the rules regarding the posting in MERXit.com site of PORNOGRAPHY and HATE, in the form of Nude Images or Text, MERXIT.com will charge the sum of $500.00 dollars for every offense any registered member incurs in. The penalties can be charged by PayPal according to their own member's agreement to the Credit Card on record and/or will pursue all legal remedies in the courts or otherwise
It's considered PORNOGRAPHY any picture that shows total nudity, partial or total exposure of genitals or depicts persons in sexual manners. Likewise in TEXT it is considered PORNOGRAPHY any writing that describes intimate sexuality. Any HATE TEXT be it racial, social class or insulting in any form to an individual or group, will be fined at the same rate. The ADULT SECTION Available only to 18 year olds and older called Adult Stess Relief, is excepted only with regards to partial nudity and suggestive sexual description from these strict regulations. All other restrictions apply.
Indemnification:
You agree to indemnify, defend and hold MERXIT.com its parent company and affiliates, harmless from any claim or demand, actions costs and expenses including reasonable attorneys' fees, made by any third party due to or arising out of any breach of any provisions of these terms and conditions or your violation of any rights of another.
Links to Third party Sites
The Message Boards may provide and users may include in messages, links to other Web sites or resources. MERXIT.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. MERXIT.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
Forum Selection and Litigation: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of the State of Texas for any cause of action arising out of this Agreement. If a court deems any part of this Agreement invalid, the remaining parts shall remain in full force and effect. You agree to file any cause of action with respect to this Agreement and your rights and obligations in Houston, Texas within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.