Buy the Change provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Buy the Change services, you agree to abide by any applicable posted guidelines for all Buy the Change services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Buy the Change in any way, your only recourse is to immediately discontinue use of Buy the Change.
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 to keep yourself apprised of any changes. You can find the latest version of this document at: http://buythechange.net/terms.html
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Buy the Change does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Buy the Change sites and Content available through the Service may contain links to other websites, which are completely independent of Buy the Change. Buy the Change makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Buy the Change or any of its member communities be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Buy the Change does not pre-screen or approve Content, but that Buy the Change shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
The Buy the Change site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Buy the Change, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Buy the Change and/or its member communities shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Buy the Change is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Buy the Change, its member communities, its 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. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Buy the Change's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at
or:
Copyright Agent
Buy the Change
6053 3rd Ave S
Minneapolis MN 55419
Please provide our Agent with the following Notice:
Buy the Change will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
Buy the Change has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://buythechange.com/privacy.html. Your use of the Buy the Change website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Buy the Change may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Buy the Change, its users or the general public.
You agree not to post, email, or otherwise make available Content:
Additionally, you agree not to:
You understand and agree that sending unsolicited email advertisements to Buy the Change email addresses or through Buy the Change computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Buy the Change computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
You acknowledge that Buy the Change 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 Buy the Change has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Buy the Change reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Buy the Change shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Buy the Change grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include 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 Buy the Change. A limited exception 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.
Buy the Change 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 (100) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by Buy the Change to do so. You may also create a hyperlink to the home page of Buy the Change sites so long as the link does not portray Buy the Change, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access granted to you by Buy the Change 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 Buy the Change.
You agree that Buy the Change, 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 Buy the Change believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Buy the Change 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. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.
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 Buy the Change. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Buy the Change, 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. BUY THE CHANGE is a registered mark in the U.S. Patent and Trademark Office.
Although Buy the Change does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Buy the Change 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 Buy the Change 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.
YOU AGREE THAT USE OF THE BUY THE CHANGE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BUY THE CHANGE 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, BUY THE CHANGE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BUY THE CHANGE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BUY THE CHANGE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BUY THE CHANGE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BUY THE CHANGE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BUY THE CHANGE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BUY THE CHANGE SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL BUY THE CHANGE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BUY THE CHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BUY THE CHANGE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BUY THE CHANGE SITE OR THE SERVICE, FROM INABILITY TO USE THE BUY THE CHANGE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BUY THE CHANGE 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 BUY THE CHANGE SITE OR THE SERVICE OR ANY LINKS ON THE BUY THE CHANGE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BUY THE CHANGE SITE OR THE SERVICE OR ANY LINKS ON THE BUY THE CHANGE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Buy the Change, 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 Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The Terms constitute the entire agreement between you and Buy the Change and govern your use of the Service, super ceding any prior agreements between you and Buy the Change. The Terms and the relationship between you and Buy the Change shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and Buy the Change agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Minneapolis, Minnesota. The failure of Buy the Change to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Joining Buy the Change is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fee that you will be charged, which we may change from time to time. Changes to the fees are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms and suspend your account.
Buy the Change agrees to pay each member community a percentage (currently 70%), which we may change from time to time, of the fees it collects from individual users of the Site who have designated the member community as the "community to benefit" from their use of the service. Changes to the percentage are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the percentage for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
Payments will be made by check to the address of record for each member community, as indicated in the community profile. Payments will be mailed on or before the 15th of the month for all funds collected in the previous month. Buy the Change reserves the right to withhold payments on accounts with a balance payable of less than $20.00. Payment will be made when the account balance reaches $20.00, or the member community terminates is use of the Service.
Buy the Change offers great value by combining inexpensive online subscription fees with effective enhancements that improve the chances of a buyer noticing your Ad(s). Buy the Change therefore cannot generally offer refunds on Subscription fees.
Buy the Change adheres to the following policy with respect to requests for refunds of Subscription fees (which encompass all types of listings: goods, services, housing, jobs, announcements, or "wanted". These listings will be termed "Subscription(s)" throughout the rest of the policy)
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to:
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 Buy the Change to pursue legal action to enforce these Terms, you will be liable to pay Buy the Change the following amounts as liquidated damages, which you accept as reasonable estimates of Buy the Changes' damages for the specified breaches of these Terms:
We welcome your questions and comments on this document by emailing us at feedback@buythechange.com