Listasaurus.com is an online classifieds advertising and auction service for both private and commercial users, that allows for the listing and viewing of items for sale, listing and viewing of items on auction, and professionals providing various services. A service such as ours is based on trust, and this Agreement helps promote trust and understanding between You and other users of Listasaurus.com.
Our service has been created to be easily accessible to all users, but it also has limitations and risks that You must be aware of before participating. Prior to, and as a condition of Your participation, You (hereinafter You or Yours or User) must agree to abide by the Listasaurus.com Terms of Service. Each time You use or cause access to this website, You agree to be bound by these Terms & Conditions, and as amended from time to time with or without notice to You. In addition, if You are using a particular service on or through this website, You will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms & Conditions. Please see our Privacy Policy, which is incorporated into these Terms & Conditions by reference. You may review these Terms at any time by clicking on the Terms & Conditions link at the bottom of the home page.
Our website and services provided to You on and through our website on an "AS IS" basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to You, modify or discontinue this website and its services or delete the data You provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
Your Responsibilities and Registration Obligations. In order to use this website, You must register on our site, agree to provide truthful information when requested, and be at least the age of eighteen (18) or older. When registering, You explicitly agree to our Terms & Conditions and as may be modified by us from time to time and available here.
Listing is available only to individuals or Companies who can form legally binding contracts under applicable law. This excludes in all cases minors (persons who have not reached their eighteenth birthday).
Listasaurus.com reserves the right to modify the Terms of Service at any time and without prior notice to its Users. We may add to, change, delete or end our or Your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons.
Listasaurus.com is not involved in any transaction between any party who uses our site. There are risks which You assume when dealing with people who might be acting under false pretenses; all of these risks are borne by You. We are a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does Listasaurus.com screen or censor or otherwise control the Users of its service. Listasaurus.com cannot and does not control the behavior of the participants on this site. We can not control whether or not Users of Listasaurus.com will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE! Listasaurus.com does not assume responsibility for the content or context of the user comment areas and will not remove or edit postings to the comments areas once they are entered into the service, except to expire records or at our sole discretion.
If there is a dispute between participants on this site, Listasaurus.com is under no obligation to become involved. In the event that You have a dispute with one or more Users, You hereby release, Listasaurus.com, their officers, employees, agents and successors in rights from claims, demands and damages (actual and 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.
The services provided at Listasaurus.com may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate Listasaurus.com related transactions.
You agree not to post, email, or otherwise make available Content:
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
Listasaurus.com employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person
without that person's explicit consent;
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 Listasaurus.com which are not designated for such
purposes; or emailed to Listasaurus.com users who have not indicated in writing that
it is ok to contact them about other services, products or commercial interests.
m) that advertise or includes links to commercial services or websites, except as allowed in the Business Directory and Business Opportunities areas;
n) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by Florida
law.
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;
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 - unless expressly
permitted by Listasaurus.com;
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) attempt to gain unauthorized access to Listasaurus.com's 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
Listasaurus.com website; or
x) use any form of automated device or computer program that enables the
submission of postings on Listasaurus.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.
Listasaurus.com prohibits the transmission, distribution or posting of unwanted or offensive content. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our website may expose You to Content that may be objectionable or offensive. We shall not be responsible to You in any way for the Content that appears on this website nor for any error or omission.
Prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words or images that would be illegal in any jurisdiction. It is Your responsibility, and You agree to comply with all requirements, legal or otherwise. Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category, duplicate listings that contain more than 60% of the same characters, regardless of category, url (Universal Resource Locator) or hyperlinks within an advertisement or image, the sale or distribution of firearms, weapons or controlled substances, fraudulent or criminal offers including but not limited to registering another email address other than Your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM"). Further, Listasaurus.com prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
Listasaurus.com prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation:
- Non-packaged food items or adulterated food.
- Alcohol or tobacco products.
- Cigarettes or any other tobacco product for human consumption
- Prescription drugs and medical devices, such as prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
- Pharmaceuticals or any other controlled substance or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
- Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
- Dangerous, counterfeit or stolen goods
- Goods which do not actually exist
- Any good that infringes or violates anyone's rights
- Any item which in Listasaurus.com's sole discretion is inflammatory, offensive or otherwise inconsistent with Listasaurus.com's standards of business ethics.
- Any messages, data, video or images that might be considered by a reasonable person to be obscene, graphic, violent, or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
- Obscene material or child pornography.
- Weapons and related items, including firearms, disguised, undetectable or switchblade knives, martial arts weapons, sniper scopes, silencers, ammunition, large capacity magazines, BB guns, tear gas or stun guns.
- Fireworks, including "safe and sane" fireworks or any destructive devices or explosives.
- Blood, bodily fluids or body parts.
- Animal sales or breeding (re-homing with small adoption fee is OK)--including the retail sales of cats and dogs
- Animal parts
- Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests.
- Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or art or craft material containing toxic substances without a warning label.
- Illegal telecommunications equipment, such as access cards, password sniffers, access card programmers and unloopers, or cable descramblers
- Stolen property or personal property with the serial number removed or altered.
- Burglary tools, such as lock-picks or motor vehicle master keys
- False identification cards, items with police insignia, citizenship documents, or birth certificates.
- Counterfeit currency, coins and stamps, as well as equipment designed to make them.
- Counterfeit or knock-off brand name goods.
- Material that infringes copyright, such as warez, bootlegs (without consent of the band), etc.
- Airline tickets that restrict transfer.
- Gambling items, such as 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.
- Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
Jewelry Policy.
Diamonds, Gemstones, and Pearls
The word "diamond" may be used without qualification in the title or sub-title of an auction where the item being sold has or is an actual, natural diamond.
Sellers of synthetic or lab-created diamonds or diamond jewelry may use the word "diamond" in their title or sub-title only if they qualify the auctions with the terms that describe the item as a natural mineral consisting essentially of pure carbon crystallized in the isometric system, with a hardness of 10, a gravity of approximately 3.52 and a refractive index of 2.42.
Cubic Zirconium jewelry or any other jewelry that uses materials that are made to look like a diamond may not use the word "diamond" in the title or sub-titles of their auctions. For example, we will not allow sellers to use phrases such as, "Diamond Ring - CZ" or "Diamond Imitation Ring" in the titles or sub-titles of their auctions.
Unqualified use of the words "ruby," "sapphire," "emerald," "topaz," or the name of any other precious or semi-precious stone may only be used to describe a product that is a natural stone of the type described.
Stones that have the appearance of natural stones and are chemically equivalent, but are not natural must be qualified with the words "laboratory-grown," "laboratory-created," "[manufacturer name]-created," "synthetic," "imitation" or "simulated." Stones that are not chemically equivalent must be qualified with the words "simulated" or "imitation."
The words "laboratory-grown," "laboratory-created," "[manufacturer name]-created," or "synthetic" may not be used with the name of any natural stone to describe any industry product unless such industry product has essentially the same optical, physical, and chemical properties as the stone named.
The word "pearl" may only be used without qualification to describe a calcareous concretion consisting essentially of alternating concentric layers of carbonate of lime and organic material formed within the body of certain mollusks, the result of an abnormal secretory process caused by an irritation of the mantle of the mollusk following the intrusion of some foreign body inside the shell of the mollusk, or due to some abnormal physiological condition in the mollusk, neither of which has in any way been caused or induced by humans.
The term "cultured pearl" may only be used to describe the composite product created when a nucleus (usually a sphere of calcareous mollusk shell) planted by humans inside the shell or in the mantle of a mollusk is coated with nacre by the mollusk. The terms "imitation" "artificial," "imitation," or "simulated," must be used to describe a manufactured product composed of any material or materials that simulate in appearance a pearl or cultured pearl.
The term "seed pearl" may only be used to describe a small pearl that measures approximately two millimeters or less. The terms "Oriental," "South Sea," or "Biwa" may only be used to describe a pearl taken from those geographical areas.
The word "gem" may only be used for pearls or cultured pearls that possess the beauty, symmetry, rarity, and value necessary for qualification as a gem.
The word "flawless" may not be used to describe any diamond or gem that discloses flaws, cracks, inclusions, carbon spots, clouds, internal lasering, or other blemishes or imperfections of any sort when examined under a corrected magnifier at 10-power, with adequate illumination, by a person skilled in diamond or gemstone grading. The word "perfect" may only be used to describe flawless diamonds that are also of superior color and make. The words "flawless" and "perfect" may not be used without qualification unless they apply to all the stones in a piece of jewelry. The words "flawless" and "perfect" may not be used to describe imitation diamonds and gemstones.
A seller must disclose that a gemstone has been treated if the treatment is non-permanent, requires that the gemstone receive special care, or significantly changes the value of the gemstone.
Gold, Silver, and Other Metals
The word gold, or its abbreviation, can only be used without qualification if an item is completely made of 24 karat gold. If it is less than 24 karats or only gold-plated, this must be stated. The terms "gold-plated," "gold filled," "rolled gold plate," "rolled gold plated," "gold overlay," "gold electroplate," etc. may only be used without qualification if the plating or filling is thick enough to offer reasonable durability. If the gold is less than 24 karats, or if a base metal is used, or if the item is hollow, then this must be stated. These provisions also apply to "Duragold," "Diragold," "Noblegold," "Goldine," "Layered Gold," and any terms of similar meaning.
A product may only be described as "vermeil" if it consists of a base of sterling silver coated or plated on all significant surfaces with gold, or gold alloy of not less than 10 karat fineness that is of substantial thickness. If a base metal is used, this must be stated.
A product may not be described without qualifications as "silver," "solid silver," "Sterling Silver," "Sterling," or the abbreviation "Ster." unless it is at least 925/1,000ths pure silver.
A product may not be described as being plated or coated with silver unless all significant surfaces of the product or part contain a plating or coating of silver that is of substantial thickness.
The words "platinum," "iridium," "palladium," "ruthenium," "rhodium," and "osmium," may not be used if they misrepresent the product's true composition. An item must be at least 950 parts per thousand pure Platinum to be marked or described without qualification as "Platinum." If the content of platinum is less than this, it must be stated.
The word "pewter" may only be used if an item consists of at least 900 parts per 1000 Grade A Tin, with the remainder composed of metals appropriate for use in pewter.
Quality marks and manufacturer identity marks must be visible.
The terms "corrosion proof," "noncorrosive," "rust proof," or any other term of similar meaning may only be used if all parts of a product will be immune from rust and other forms of corrosion during the major portion of the life expectancy of the product under normal conditions of use.
Listasaurus.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Listasaurus.com's service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
Listasaurus.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to Your site hosted on or through Listasaurus.com's systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party.
If Listasaurus.com, in its sole discretion, determines that a violation of the Terms of Service has occurred, Listasaurus.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of Your account and /or the exclusion of any person(s) who may have violated any Terms of Service. Listasaurus.com could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. Listasaurus.com will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it's rights. Such cooperation may be without notice to You. Listasaurus.com believes in its sole discretion that any ad may create liability for Listasaurus.com, Listasaurus.com may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, Listasaurus.com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Listasaurus.com service. We may also, in our sole discretion, add or delete fees associated with the Service. There may be a charge associated with photo classified listings or Business Listings. If any charge is applicable, we will notify our Users in advance.
Disclaimer of warranties. You agree that use of the service is at user's sole risk. The service is provided on an "as is" and on an "as available" basis. Listasaurus.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Listasaurus.com makes no warranty that the service will meet user's requirements, that the service will be uninterrupted, timely, secure, or error free; nor does listasaurus.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.
User understands and agrees that any information or material and/or goods or services obtained through the service is done at user's own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
No advice or information, whether oral or written, obtained by user from listasaurus.com or through or from the service shall create any warranty not expressly stated herein.
Limitation of liability. User agrees that neither listasaurus.com nor any of its providers of information shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user's transmissions or data or arising from any other matter relating to the service, including but not limited to, damages for loss of profits, use, data or other intangible, even if listasaurus.com has been advised of the possibility of such damages. User further agrees that listasaurus.com shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct, indirect, incidental, special consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that listasaurus.com shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Listasaurus.com total liability to You for all damages, losses, and causes of action exceed the amount paid by You to Listasaurus.com, if any, that is related to the cause of action.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of Your conduct or connection with this website or service, Your provision of Content, Your violation of this Terms & Conditions or any other violation of the rights of another person or party.
You give us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the "User") to Listasaurus.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of Listasaurus.com. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
You agree not to resell or assign Your rights or obligations under these Terms of Service. You also agree not to make any unauthorized commercial use of the Service.
You agree not to make use of anyone else's Information other than as necessary to complete any transactions in which You are involved.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Listasaurus.com and any User of the Service.
Any notice to You or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Service or other matters related to Listasaurus.com by displaying notices to Users on the Service.
This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
These Terms of Service and the relationship between User and Listasaurus.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. User and Listasaurus.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Broward, Florida.
The failure of Listasaurus.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service shall remain in full force and effect.
User agrees 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 these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Cancellation policies. Standard classified ad listings are non-refundable. Annual and Semi-Annual Business Directory contracts can be cancelled within 90 days of contract start date. Refunds will be pro-rated and a $30 administrative fee will apply. Quarterly contracts are non-refundable. Annual and Semi-Annual Corporate Bulk Ad programs can be cancelled within 90 days of contract start date. Refunds will be pro-rated and a 10% administrative fee will apply (based on one month's fees).
Please help us keep the Listasaurus.com site an enjoyable experience for all Users, if You observe material or behavior that may violate one of the Listasaurus.com terms of participation, please contact Listasaurus.com at customerservice@Listasaurus.com.