1. ACCEPTANCE OF TERMS
This site provides various services and information including but not limited to recipes, classified advertisements, directory service, forums, blogs and emails which are all subject to the following Terms of Use. By using this site and any of the information and/or services ('Service') provided by this site, you are agreeing to comply with the following Terms of Use. The Terms of Use may change from time to time. Any change(s) to the Terms of Use will be posted on this page as an updated version of the Terms of Use. It is your responsibility to read and understand the Terms of Use everytime before using the services provided by this site. Should you not agree with the Terms of Use, you agree that you will immediately cease to use the site and any information and/or services provided by this site.
If you are under 13, do not use this site or the services provided herein.
2. MODIFICATION OF THE TERMS OF USE
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis each time you use the site to keep yourself apprised of any changes. You can find the most recent version of the Terms of Use at: http://www.topusaclassifieds.com/terms.php
3. CONTENT
All services provided by this site http://www.topusaclassifieds.com is on an 'as-is' basis. You may not redistribute any text, files, images, photos, videos, sounds, software or other material ('Content') posted on, transmitted through or linked from the Service. You also understand that content on this site http://www.topusaclassifieds.com is posted by independent users and/or visitors on this site other than the site http://www.topusaclassifieds.com. You understand that these posts/information is the complete and sole responsibility of the user or username originating the posts. http://www.topusaclassifieds.com is not responsible for the content made available through the Service. You may be exposed to content that is offensive, objectionable, indecent, inaccurate, misleading or objectionable. The http://www.topusaclassifieds.com may also contain links to other sites completely independent of http://www.topusaclassifieds.com. http://www.topusaclassifieds.com makes no representation or warranty as to the accuracy, appropriateness, completeness or authenticity of any such independent site. Your linking to any other website is completely at your own risk. Futhermore, you agree that you will not post any material that is offensive, indecent, misleading or inaccurate on http://www.topusaclassifieds.com. You understand that you are entirely responsible for the content you post on this site. You also agree that you will use any information from this site at your sole risk. You agree that you must and will evaluate and bear the risk associated with, the use of any content on this site http://www.topusaclassifieds.com. You acknowledge that http://www.topusaclassifieds.com does not pre-screen, review or approve any content on this site. http://www.topusaclassifieds.com has and shall have the right at their sole discretion to refuse, delete or move any Content that is available via the Service for violating the Terms of Use or for any other reason.
4. THIRD PARTY CONTENT AND SERVICES
The http://www.topusaclassifieds.com site and Content available through it may contain features and functionalities that my provide you access to third party content which is completely independent of http://www.topusaclassifieds.com including but not limited to web sites, servers, networks, software, systems, information, applications, databases, directories, products or service and the rest of the Internet. Your interactions with these organizations and/or individuals found on or through the Service including payments, delivery of goods or services and any other terms, conditions, representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that http://www.topusaclassifieds.com shall not be responsible for any loss or damage or any sort incurred as a result of any such transaction. In the event of a dispute with one or more other users of the site http://www.topusaclassifieds.com, you hereby release http://www.topusaclassifieds.com, its officers, employees, agents and successors in rights for claims, demands and damages (actual and/or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
5. PRIVACY POLICY AND INFORMATION DISCLOSURE
Your use of the http://www.topusaclassifieds.com and the Service signifies your acknowledgement of the agreement to the following Privacly and Information Disclosure Policy as outlined in this section. You agree and acknowledge that http://www.topusaclassifieds.com may, in its sole discretion, preserve or disclose your Information (such as email address, IP addresses, Date and Time of activity and any of your user information) and your Content if required by the law or in good faith belied that such disclosure and preservation is necessary to comply with the law, enforce the Terms of Use, respond to claims of use of information without permission or harrasment; protect the rights, property or personal safetly of http://www.topusaclassifieds.com, its users or the general public,
* We may collect your email address and other personal information (Information) for the purpose of setting up your account and for other reasons. This Information may also be used for personalizing your experience with our site. Personalizing your experience includes but is not limited displaying content most relevant, presenting to you advertisements on our site that may be of interest to you based on the your personal information. We may share your Information with our advertising partners. Please do not disclose or share any information on http://www.topusaclassifieds.com which you expect to be kept as private. The Information may be stored indefinitely and shared with advertisers or affiliates.
* Our web logs collect standard web log entries for each page served, including
your IP address, page URL and timestamp. These logs may be saved and archived
indefinitely.
6. CONDUCT
You agree not to post, email, or otherwise make available Content on http://www.topusaclassifieds.com:
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 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;
c) 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;
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 violates federal,
state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.
f) with respect to employers
that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a http://www.topusaclassifieds.com employee/officer, or falsely states or otherwise misrepresents your affiliation with a person or entity.
h) that includes personal or identifying information about another person without that person's explicit consent to you;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
j) 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;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the http://www.topusaclassifieds.com sites which are not designated for such purposes; or emailed to http://www.topusaclassifieds.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in "services";
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. http://www.topusaclassifieds.com users and advertisers remain responsible for complying with all applicable laws, regulations or restrictions on items, services, or manner of sale, payment or exchange, that may apply to transactions in which they participate. We encourage you to research the applicable laws and regulations that may apply to your transaction.
Following is a partial list of such items:
* Obscene material or child pornography.
* Offer or solicitation of illegal prostitution.
* Weapons and related items, including but not limited to firearms,
disguised, undetectable or switchblade knives, martial arts
weapons, scopes, silencers, ammunition, ammunition magazines, BB
guns, tear gas or stun guns.
* Items issued to United States Armed Forces that have not been
disposed of in accordance with Department of Defense
demilitarization policies.
* Fireworks, including but not limited to "safe and sane" fireworks
or any destructive devices or explosives.
* Controlled substances or illegal drugs, substances and items used
to manufacture controlled substances and drug paraphernalia.
* Alcohol or tobacco products.
* Prescription drugs and medical devices, including but not limited
to prescription or contact lenses, defibrillators, hypodermic
needles or hearing aids.
* Nonprescription drugs that make false or misleading treatment
claims or treatment claims that require FDA approval.
* Blood, bodily fluids or body parts.
* Household pets of any kind including but not limited to dogs,
cats, primates, cage birds, rodents, reptiles, amphibians, fish.
Re-homing with small adoption fee OK
* Pet animal parts, blood, or fluids - including but not limited to
stud/breeding service
* Restricted or regulated plants and insects, including but not
limited to noxious weeds, endangered plant species, or live
insects or pests.
* Pesticides or hazardous substances, or items containing hazardous
substances including but not limited to contaminated toys, or art
or craft material containing toxic substances without a warning label.
* Illegal telecommunications equipment, including but not limited to
access cards, password sniffers, access card programmers and
unloopers, or cable descramblers
* Stolen property, or property with serial number removed or altered.
* Burglary tools, including but not limited to lock-picks or motor
vehicle master keys
* False identification cards, items with police insignia,
citizenship documents, or birth certificates.
* Counterfeit currency, coins and stamps, tickets, as well as
equipment designed to make them.
* Counterfeit, replica, or knock-off brand name goods.
* Material that infringes copyright, including but not limited to
software or other digital goods you are not authorized to sell,
warez, bootlegs (without consent of the band).
* Airline tickets that restrict transfer, and tickets of any kind
which you are not authorized to sell.
* Coupons or gift cards that restrict transfer, and coupons or gift
cards which you are not authorized to sell.
* Gambling items, including but not limited to lottery tickets,
sports trading card 'grab bags', raffle tickets, sweepstakes
entries or slot machines.
* Used or rebuilt batteries, or batteries containing mercury.
* Used bedding and clothing, unless sanitized in accordance with law.
* Non-packaged food items or adulterated food.
* Bulk email or mailing lists that contain names, addresses, phone
numbers, or other personal identifying information
o) 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;
p) that disrupts the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively affects other
users' ability to use the Service; or
q) 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:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
v) 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;
w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to http://www.topusaclassifieds.com 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 http://www.topusaclassifieds.com website; or
y) use any form of automated device or computer program that enables the submission of postings on http://www.topusaclassifieds.com 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. POSTING AGENTS
A "Posting Agent"
is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To moderate
demands on http://www.topusaclassifieds.com resources, you may not use a Posting
Agent to post Content to the Service without express permission or license from
http://www.topusaclassifieds.com. Correspondingly, Posting Agents are not permitted
to post Content on behalf of others, to cause Content to be so posted, or otherwise
access the Service to facilitate posting Content on behalf of others, except
with express permission or license from http://www.topusaclassifieds.com.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to http://www.topusaclassifieds.com email addresses or through http://www.topusaclassifieds.com computer systems, which is expressly prohibited by these Terms. Any unauthorized use of http://www.topusaclassifieds.com computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. PAID POSTINGS
We may charge a fee
to post Content in some areas of the Service. The fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said Content
and compliance with the TOU. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the TOU.
10. LIMITATIONS ON SERVICE
You acknowledge that
http://www.topusaclassifieds.com may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the frequency
with which you may access the Service. You agree that http://www.topusaclassifieds.com
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that http://www.topusaclassifieds.com
reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice, and that http://www.topusaclassifieds.com
shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
11. ACCESS TO THE SERVICE
http://www.topusaclassifieds.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by http://www.topusaclassifieds.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
http://www.topusaclassifieds.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (15) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by http://www.topusaclassifieds.com to do so. You may also create a hyperlink to the home page of http://www.topusaclassifieds.com sites so long as the link does not portray http://www.topusaclassifieds.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
http://www.topusaclassifieds.com may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. http://www.topusaclassifieds.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'http://www.topusaclassifieds.com' as the source, (d) your use or display does not suggest that http://www.topusaclassifieds.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden http://www.topusaclassifieds.com systems. http://www.topusaclassifieds.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by http://www.topusaclassifieds.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from http://www.topusaclassifieds.com.
12. TERMINATION OF SERVICE
You agree that http://www.topusaclassifieds.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if http://www.topusaclassifieds.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that http://www.topusaclassifieds.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. All sections where ever applicable (1, 2,3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17) shall survive termination of the TOU.
13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of http://www.topusaclassifieds.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of http://www.topusaclassifieds.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although http://www.topusaclassifieds.com does not claim ownership of content that its users post, by posting Content to any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to http://www.topusaclassifieds.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant http://www.topusaclassifieds.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE http://www.topusaclassifieds.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE http://www.topusaclassifieds.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, http://www.topusaclassifieds.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE http://www.topusaclassifieds.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, http://www.topusaclassifieds.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE http://www.topusaclassifieds.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE http://www.topusaclassifieds.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, http://www.topusaclassifieds.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE http://www.topusaclassifieds.com SITE OR THE SERVICE.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL http://www.topusaclassifieds.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF http://www.topusaclassifieds.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE http://www.topusaclassifieds.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE http://www.topusaclassifieds.com SITE OR THE SERVICE, FROM INABILITY TO USE THE http://www.topusaclassifieds.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE http://www.topusaclassifieds.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE http://www.topusaclassifieds.com SITE OR THE SERVICE OR ANY LINKS ON THE http://www.topusaclassifieds.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE http://www.topusaclassifieds.com SITE OR THE SERVICE OR ANY LINKS ON THE http://www.topusaclassifieds.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
16. INDEMNITY
You agree to indemnify and hold http://www.topusaclassifieds.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
17. GENERAL INFORMATION
The TOU constitute the
entire agreement between you and http://www.topusaclassifieds.com and govern your use of the Service,
superceding any prior agreements between you and http://www.topusaclassifieds.com. The TOU and the relationship
between you and http://www.topusaclassifieds.com
shall be governed by the laws of the State of ONTARIO without regard to its
conflict of law provisions. The failure of http://www.topusaclassifieds.com to exercise or enforce any
right or provision of the TOU shall not constitute a waiver of such right or
provision. If any provision of the TOU is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOU remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOU must be filed within
five days after such claim or cause of action arose or be forever barred.
18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by emailing for review to:
admin@topusaclassifieds.com
Our failure to act with respect
to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for http://www.topusaclassifieds.com to pursue legal action to enforce these Terms, you will be liable to pay http://www.topusaclassifieds.com the following amounts as liquidated damages, which you accept as reasonable estimates of http://www.topusaclassifieds.com damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay http://www.topusaclassifieds.com one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If http://www.topusaclassifieds.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay http://www.topusaclassifieds.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access http://www.topusaclassifieds.com in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to http://www.topusaclassifieds.com email addresses or through http://www.topusaclassifieds.com computer systems, you agree to pay http://www.topusaclassifieds.com twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay http://www.topusaclassifieds.com one hundred dollars ($100) for each Item of Content posted. In its sole discretion, http://www.topusaclassifieds.com may elect to issue a warning before assessing damages.
e. If you are a Posting
Agent that uses the Service in violation of the
TOU, in addition to any liquidated damages under clause (d), you agree to
pay http://www.topusaclassifieds.com one hundred dollars ($100) for each and every Item you post
in violation of the TOU. A Posting Agent will also be deemed an agent of
the party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the TOU) agrees to pay http://www.topusaclassifieds.com an additional one hundred
dollars ($100) for each Item posted by the Posting Agent on behalf of
the Principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without http://www.topusaclassifieds.com's express written permission, you agree to pay http://www.topusaclassifieds.com three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree
to pay http://www.topusaclassifieds.com's actual damages, to the extent such actual damages can be reasonably
calculated. Notwithstanding any other provision of these Terms, http://www.topusaclassifieds.com retains
the right to seek the remedy of specific performance of any term contained in
these Terms, or a preliminary or permanent injunction against the breach of
any such term or in aid of the exercise of any power granted in these Terms,
or any combination thereof.