Terms and Conditions

Objectives/Content:

Welcome to elclasificado.com, a website (the “Site”) that hosts classified advertising, business information, and related content developed by third-party users. Use of the site, which includes accessing all services, features, and more is governed by these Terms of Service (the “Terms”), which have last been updated on 11/29/2018. Additionally, when using Elclasificado.com services, you agree to abide by all particular guidelines contained herein.

Changes to This Agreement

Elclasificado.com reserves the right to change these terms at any time with or without notice. By using the service in any way, you are agreeing to apply with the terms. These agreements, when written, shall become effective immediately upon the posting thereof, which shall be made readily available at the El Clasificado Terms of Service.

Classified Advertiser Conduct

Without limitation, classified advertisers on the site agree to the following:

• Any information posted on the site shall be the sole responsibility of the advertiser.
• Advertiser grants a limited license to Elclasificado.com to post this information on the site including any and all text, images, or other copyrighted material that may belong to the advertiser.
• Advertiser agrees to not post any information related to copyrighted, patented, trademarked or intellectual, serviced marked, logo, or confidential material that the advertiser does not own and accepts all responsibility for any copyrighted material contained within their advertisements.
• Advertisers agrees that any information provided on the site will no longer be considered confidential, nor proprietary, and, as a result, offers Elclasificado.com, or any of its affiliates, without review or approval by the advertiser, are granted with the irrevocable right to use any information posted on the site for any purpose whatsoever.
• Advertisers are limited to one account per person and/or business. Under no circumstances may an advertiser register for multiple accounts promoting the same service. ElClasificado.com reserves the right to delete the accounts, and ads associated with such account, of any person using more than one account without a refund.

Classified Advertisers on the Site also agree to refrain from the following:

• Posting any advertising or solicitation in categories that is not appropriate.
• Advertising on the site in more than one location or category or more than once in any period less than seven days. ElClassified.com reserves the right, at its sole discretion, to remove ads that have repeated content within a subcategory and area.
• Posting any advertising that can be deemed harassing, defamatory, vulgar, obscene, hateful, or racially objectionable, including any information that could constitute a criminal offense, give rise to a civil liability or otherwise violate any applicable laws or regulation.
• Posting any ad for products or services, use or sale of which is prohibited by any law or regulation, directly or indirectly associated with the advertiser
• Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others
• Interfering with, or consistently marking competitor’s advertisements as spam or fraud knowing that the ads should not be marked as such
• Posting any ads violating any anti-discrimination provisions in the country for which the ad was posted, which includes, but is not limited to, the Immigration and Nationality Act or messages which violate any law or regulation
• Posting free ads promoting links to commercial services or web sites except in areas of the Site where such ads are expressly permitted
• Posting any material advertising the use, carrying, or advertising of weapons which is prohibited by applicable federal, state, or local law. Advertisers are solely responsible for ensuring that the sale of this material follows and complies with all laws and/or regulations applicable to the transfer of firearms, knives, and other weapons.

Classified Visitor Conduct

Visitors looking for items, products, and services for sale agree to the following:

• Elclasificado.com acts as a marketplace for advertisers and buyers of products and services.
• Elclasificado.com holds no responsibility for the persons or companies advertising on the site.
• Will not attempt to gain, or gain, unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site
• The site, within its best capabilities, has attempted to moderate the advertisements placed on Elclasificado.com and holds no responsibility for the products or services being offered.

All Visitor Conduct

When visiting Elclasificado.com, for whatever reason, all visitors agree to refrain from the following:

• Any harassing, threatening, or embarrassing information which can cause distress or discomfort upon any user attempting to visit and/or enjoy the site.
• Transmitting any data, files, links, or other information that is unlawful, false, misleading, harmful, threatening or invasive of another person’s privacy.
• Posting or responding to ads placed on the site using adult content or explicit adult material unless such material is specifically permitted in designated adult categories and permitted under applicable federal, state, and local law; and you are at least 18 years of age or older and not considered to be a minor in your state of residence. Such behavior, is determined at the sole discretion of elclasificado.com, and includes:
  • Solicitation of sexual favors for money or any other value, whether directly or n “coded” fashion
  • Posting any material on the Site that exploits minors in any way
  • Obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts
  • Posting any material on the Site that in any way constitutes or assists in human trafficking
  • Soliciting advertisers of elclasificado.com, whether through email, text, phone, or any other means of communication, for any purpose outside of indicating interest in the products and services offered on the site, unless the user has authorized such communication within the context of the ad placed on the site.
  • Using any automated device, which is not limited to, but includes, crawlers, data mining tools, spiders, robots, or any software or manual copying and pasting of any part of the Site unless expressly authorized in writing via Elclasificado.com.
  • Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law
  • Sending, or attempting to send, any damaging or disruptive data, information, or files including, but not limited to, viruses, bots, Trojan horses, time bombs, worms, or any other information which seeks to harm the user or slow the site down, including excessive scripts and large, unnecessary files.
  • Attempting to gain any access to any non-public portions of the site, whether for malicious intent or for any other reason, without the express authorization of Elclasificado.com.
  • Those with access to the non-public portions of the site agree not to share or disclose their password with any third parties. Additionally, anyone with access to the non-public portions of the site agrees not to attempt to access any portion of the site in which they have not been offered the express written consent of Elclasificado.com.
  • Trying, whether successfully or not, to decipher, reverse engineer, decompile, or disassemble any of the software that, in any way, makes up any part of the site without the express written consent of Elclasificado.com

Should any advertisers, user, or shopper on Elclasificado.com violate these terms, you may report the violations to info@elclasificado.com.

Moderation

You agree that Elclasificado.com, that while not responsible for, in its best efforts, attempts to moderate the site to ensure that advertisers and visitors to the site are able to enjoy a good experience when visiting the site. As such, Elclasificado.com reserves the right, in its sole discretion to, block, filter, delete, delay, omit, verify, and/or terminate access, accounts, or licenses.

Additionally, any user or advertiser agrees to not attempt to bypass the moderation systems and procedures established by Elclasificado.com.

Paid Postings

In certain cases, Elclasificado.com may charge a fee to post in certain areas, categories, subcategories, or to access greater visibility for the advertiser. Advertisers opting to pay for these services agree to only post payment through cash/checks/credit cards for which the advertiser is authorized and which Elclasificado.com agrees to accept payment. All fees paid will be non-refundable.

Notice of Infringement

Elclasificado.com maintains its best efforts to ensure that copyrighted material not owned by the advertiser is not posted on the site. Should you believe that, for any reason, your intellectual property rights have been violated please notify Elclasificado.com’s Copyright Agent at info@elclasificado.com, including the following information:

• A description of your copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material you claim is infringing is located on the site (for fastest resolution, please include the url of the page where the copyrighted material appears);
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• Your address, telephone number, and e-mail address;

Purchases on Elclasificado.com

While visiting the Site, advertisers may engage in a transaction involving the purchase of advertising or greater visibility for their advertising, or other tangible goods and services. All credit card transactions and order fulfillment are handled by a third party processing agent, bank, or distribution institution. You maintain that the Site is not responsible for the success or security of transactions processed by third parties. If you are concerned about the security of these transactions, you may contact the Site at info@elclasificado.com.

Purchases and Communication with Third Party Advertisers

During your visit to Elclasificado.com, you may engage in conversation with third party advertisers on the site or click through links to access the web pages operated by the third party advertisers. These communications, website visits, and any transaction arising from these communications are solely between you and that third party. Under no circumstances will Elclasificado.com be liable for any goods, services, resources, or content available through these dealings, or for any harm related thereto. Furthermore, the Site is also not responsible for any transactions conducted by our third party advertisers or vendors. Any complaints, concerns or questions relating to materials provided by third parties should be directed to the third party. Please read our suggestions on how to avoid scams and fraud: https://elclasificado.com/fraud-scam-prevention

Third Party Notifications

During use of Elclasificado.com, it is possible that you will access various features and functionalities that link to, or provide, access to various third party content which is completely independent of the site. For more information regarding what information is collected and how this information is used, please visit this Privacy Policy page.

Your use of the Site signifies acknowledgement of, and agreement to, our Privacy Policy as well as the acknowledgement that Elclasificado.com may preserve or disclose your Content and user information as is reasonably necessary to comply by law, to enforce the terms, or to ensure the protection of the rights, property, and personal safety of Elclasificado.com, its users, and the general public.

Rights of the Service

You understand, and agree, that, in any course of time, the Site shall have the ability to set limits to the service, including, but not limited to, maximum amount of time an ad may be made available to the public, maximum amount of characters for any ad text field, and maximum visits allowed during a certain period of time. You also agree that Elclasificado.com reserves the right to, at any time, modify or discontinue the Service (or any part thereof), in the Site’s sole discretion, and that the Site shall not be liable to you or any third party for any modification, suspension, deletion, or discontinuance of the Service.

You also agree that Elclasificado.com, and any of its affiliates, has the right to delete or deactivate your account, block your email or IP address, remove and discard any content posted by you, or otherwise revoke your access to the Service immediately and without notice for any reason in the sole discretion of Elclasificado.com. Furthermore, you also agree that the Site shall not be liable to you or any other third party for any termination of access to the Service and that you will not attempt to access the service should access be revoked.

Although the Site does not claim ownership to the content posted by on the site, content displayed on the Site is protected by copyright as a collective work. Copying and reproducing any portion of the site to any other server or location for reproduction or redistribution is prohibited without the express written consent of Elclasificado.com and is punishable to the maximum extent permitted by copyright laws and international treaties.

Mobile Terms of Service

The El Clasificado mobile message service (the "Service") is operated by El Clasificado (“El Clasificado”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to El Clasificado’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of El Clasificado through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with El Clasificado. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18557091535 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other El Clasificado mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +18557091535 or email [email protected].

For Service support or assistance, text HELP to +18557091535 or email elclasificado@elclasificado.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Disclaimer of Warranties

YOU AGREE THAT USE OF THE SERVICES OF ELCLASIFICADO.COM AND ITS AFFILIATES IS ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ELCLASIFICADO.COM AND IT’S AFFILIATES ARE NOT LIABLE FOR ANY HARM RESULTING FROM USER CONTENT, USER CONDUCT, YOUR USE OF THE SITE AND SERVICE, OR OUR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW ELCLASIFICADO.COM DISCLAIMES ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE AS WELL AS SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE.THE SITE ALSO DISCLAIMS ANY WARRANTIES FOR ANY CONTENT ACCESSED VIA LINKS ON ELCLASIFICADO.COM OR FOR ANY VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR SERVICE.

Nothing herein shall waive rights or responsibilities that cannot be waived.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL THE SITE BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHEN THEY ARISE FROM USE OR MISUSE OF THE SITE OR SERVICE, INABILITY TO USE ELCLASIFICADO.COM AND ITS SERVICE, OR THE SUSPENSION, INTERRUPTION, MODIFICATION, OR TERMINATION OF ELCLASIFICADO.COM, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATIONS WILL ALSO EXTEND TO DAMAGES INCURRED BY REASON OF OTHER PRODUCTS OR SERVICES RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ELCLASIFICADO.COM SITE OR THE SERVICE OR ANY LINKS ON THE ELCLASIFICADO.COM SITE. TO THE FULLEST EXTENT OF THE LAW, THESE LIMITATIONS SHALL APPLY except in those jurisdictions where limitations of liability are not permitted.

Indemnification

You agree to indemnify and hold harmless Elclasificado.com and its directors, officers, employees, agents, affiliates, subsidiaries, assigns, service providers, successors, and suppliers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorney’s fees and costs) which arise out of, relate to or result from any breach of these Terms of Service by you or any matter for which you are responsible or liable under the terms of these Terms of Service, or Content that you submit, post or make available to the Site, your use of the Service, or your violation of the rights of another.

Claims

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California without regard to its choice of law provisions. Any claim, cause of action, or dispute arising out of or related to the Terms of Service or your use of the Site must be resolved exclusively by the state or federal court of California (unless Elclasificado.com or it’s affiliates seek injuctive relief elsewhere) and you expressly consent to the jurisdiction of such courts. You also 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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree not to bring or take part in a class action against Elclasificado.com or its affiliates.

Furthermore, you are liable for any breach in these Terms of Service by affiliates paid by you, whether directly or indirectly, and you agree to pay Elclasificado.com in the amount of a reasonable estimate for the Site’s damages for breaching or inducing others to breach the “USE” section.

General

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional Terms of Service that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Should you observe, notice, witness, or recognize any violations of these terms, you may report these violations to info@elclasificado.com.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, all other Terms of Service shall remain in full force and effect. Furthermore, should there be any decision by a court of competent jurisdiction that any of these terms is unlawful, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.