Terms and Conditions

TERMS OF USE

ACCEPTANCE OF TERMS

The webpages available at abclisting.net, ABCListingCoupons.com, ABCListingDeals.com, InstaQpon.com, instacupon.com, thelocalclassifieds.net, webmarketing.abclisting.net, TheWeeklyOffer.net, TheWeeklyOffer.com, and all linked pages & subdomains (“Site”), are owned and operated by ABCListing, Inc. (commonly known as “ABCListing.Net” and/or “The Website”), a Florida corporation, and are accessed by you under the Terms of Use described below (“Terms of Use” or may identified as TOU, these correspond in Spanish to “Terminos De Uso” y/o “Terminos Y Condiciones”).

Agreement

By using this Site, you agree to comply with and be bound by the Terms of Use. Please review these Terms of Use carefully. If you do not agree to these Terms of Use, you should not use this Site. . Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Use and the linked Privacy Policy. We strongly recommend that, as you read this Terms of Use, you also access and read the linked information, since it is incorporated into and hereby made part of this Terms of Use

The Terms of Use may be modified at any time by ABCListing.Net upon posting of a modified agreement. Any such modification shall be effective immediately. You can view the most recent version of these terms at any time at http://abclisting.net/Terms of Use. Each use of the Site by you shall constitute and be deemed your unconditional acceptance of the Terms of Use.

Privacy

Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at http://www.abclisting.net/privacy_policy.jsp.

Description of abclisting.net

Subject to full compliance with the Terms of Use, ABCListing.Net may offer to provide certain services and content, as described more fully on the Site. to a merchant that includes providing Directory Listings (listing), Banner Advertising (banners), Sponsoring a Prize/contest/giveaway/. By placing an order on the Site, you make an offer to ABCListing.Net to purchase the voucher you have selected (the “Voucher”) on the terms and conditions stated below. ABCListing.Net may change, suspend or discontinue the Site including any content for any reason, at any time. ABCListing.Net may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. For more information, please see http://abclisting.net.

Further Service Understandings

ABCListing.Net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any aspect or feature provided by ABCListing.Net on the Site (or any part thereof) with or without notice. ABCListing.Net will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that ABCListing.Net shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect or feature provided by ABCListing.Net on the Site.

You acknowledge that interruption in service or events beyond the control of ABCListing.Net may occur and that ABCListing.Net shall not be responsible for any data lost while transmitting information on the Internet. You further acknowledge that the Site may be unavailable from time to time for any reason, including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of ABCListing.Net, access to the Site may be interrupted, suspended, or terminated from time to time.

Unless explicitly stated otherwise, any new features that augment or enhance the Site, shall be subject to these Terms of Use. You understand and agree that the Site and all services provided theron are provided AS-IS and that ABCListing.Net assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

Your Registration Obligations

You will create a password and account during the registration process. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ABCListing.Net of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. ABCListing.Net cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete or ABCListing.Net has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ABCListing.Net has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

End User Conduct

In using the Site, you understand that you are liable for all information, in whatever form, you make available to other end users (“Information”). You agree not to use the Site to:

  • upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any law;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a ABCListing.Net official or forum leader or falsely state or otherwise misrepresent your affiliation with a person or an entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted on the Site;
  • upload, post, email, transmit, or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit, or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • perform any commercial, religious, political, or noncommercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other services directly or indirectly competitive or potentially competitive with ABCListing.Net;
  • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except to the limited extent permitted in those areas that are designated for such purpose and within the scope of such designation;
  • upload, post, email, transmit, or otherwise make available any material 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;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • intentionally or unintentionally violate any applicable local, state, national or international law, or other applicable rules, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the Florida Stock Exchange, the American Stock Exchange, or NASDAQ, and any regulations having the force of law; or stalk or otherwise harass another.

You acknowledge that ABCListing.Net does not prescreen any content working in coordination with the Site but that ABCListing.Net and its designees shall have the right (but not the obligation) in their sole discretion to revoke the use of the Site to anyone based on such content. You acknowledge and agree that ABCListing.Net may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Terms of Use, (c) respond to claims that any Information violates the rights of third parties, or (d) protect the rights, property, or personal safety of ABCListing.Net, its users, and/or the public. You understand that the technical processing and transmission of the Site, including your Information, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SUBMISSIONS TO THE SITE

By submitting any Content to the Site, including all text, images, remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions  through this Site (collectively, “Submissions”), You grant to ABCListing a non-exclusive, unrestricted, irrevocable, perpetual, fully-paid, worldwide, sub-licensable and transferable license (i) to use any Submission for any purpose in the sole discretion of ABCListing, and (ii) to modify, copy, promote, lease, license, sell, distribute, display, perform and/or make derivative works from any Submission(s)    ABCListing shall not be subject to any obligations of confidentiality or otherwise regarding any Submission.

You also grant to ABCListing a non-exclusive, unrestricted, irrevocable, perpetual, fully-paid, worldwide, sub-licensable and transferable license to use, modify, copy, promote, license, display, perform and/or make derivative works from all data we receive as a result of your access to the Site via a third party social network.

By posting Content to the Site or by granting us access to your third party social network data, you also hereby represent and warrant that you have the right to post, use and distribute that Content or data and to grant the foregoing rights to ABCListing (and its affiliates and sublicensees).

You take sole responsibility for all Content that you post on the Site, or allow us access to via a third party social network, and the consequences of posting or granting us access to that Content. You are responsible for obtaining all necessary rights to upload, post and distribute all Content, including obtaining permission from any person shown in a photo that you upload or that is identified in any writing that you post.

If you delete your account or any Content you have posted, we will use reasonable efforts to remove your Content and Submissions from display on the Site. However, we may not remove your posted deals before they are reviewed and/or accepted by additional users. ABCListing may, or may not, retain backup copies or cached versions of your Content or Submissions. If we retain any, we have no obligation to provide them to you.

YOUR OBLIGATIONS

Coupon & Deals Terms of Use  (Coupons, Vouchers, Deals, Coupon Codes, Daily Deals)

This Site may contain content that is submitted by third party users.  These third parties may pay commissions or have an affiliate relationship with ABCListing.   You acknowledge that by using the Site, you may be exposed to content that you find objectionable, or which is inaccurate, misleading or incomplete. ABCListing is not responsible for the accuracy, completeness or usefulness of any third party content, nor do we make any endorsement claims for the Site’s third party content. You use the Site and all content at your own risk.

This Site may also contain links to web sites controlled, owned and operated by third parties (the “third-party sites”) ABCListing cannot control and has no responsibility for the accuracy or availability of information provided by any user or provided on any third-party site. You acknowledge that use of any third-party site is governed by the terms of use for that website and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by The Dealmap of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience. You acknowledge that You access third-party sites at your own risk.

Third-party sites may have a privacy policy different from that of ABCListing and the third-party site may provide less or different security than this Site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites. ABCListing shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at any third-party websites, nor for any harm resulting from your interactions with any organizations and/or individuals found on or through the Site. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between You and such organizations and/or individuals. The Dealmap reserves the right, but has no obligation to become involved in or monitor disputes between You and organizations and/or individuals found on or through the Site.

ABCListing reserves the right to disable any link or remove any third party content at any time in its sole discretion.
Termination

You agree that ABCListing.Net, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Information within the Site, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due ABCListing.Net, or if ABCListing.Net believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. ABCListing.Net may also in its sole discretion and at any time discontinue providing any services, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice. You further acknowledge and agree that ABCListing.Net may immediately deactivate or delete your account and all related Information and files in your account and/or bar any further access to such files or the Site. Further, you agree that ABCListing.Net shall not be liable to you or any third-party for any termination of your access to the Site.

Proprietary Rights

You acknowledge and agree that the Site and all content contain proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized in writing by ABCListing.Net, you agree not to copy, modify, rent, lease, loan, sell, distribute, publish, or create derivative works based on the Site or its content, in whole or in part. You agree not to (and agree not to allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Site. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You agree not to access the Site by any means other than through the interface that is provided by ABCListing.Net for use in accessing the Site.

You understand that, by posting materials on the Site, you are granting to ABCListing.Net a royalty-free, perpetual, irrevocable license to use this information in the course of offering the ABCListing.Net service. Furthermore, you understand that ABCListing.Net retains the right to reformat, excerpt, or translate any materials submitted by you. You also permit any other end user to access, view, store, or reproduce the material for that end user’s personal use. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that ABCListing.Net will not be liable for any errors or omissions in any content. You understand that ABCListing.Net cannot guarantee the identity of any other users with whom you may interact in the course of using the Site. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves.

Trademark Information

ABCListing.Net trademarks and service marks (including and not limited to abclisting.net, abclisting Miami, InstaQpon.com, instacupon.com, webmarketing.abclisting.net, InstaQpon, InstaCupon) and other ABCListing.Net logos and product and service names are owned by and are the exclusive property of ABCListing.Net (the “ABCListing.Net Marks”). Without ABCListing.Net’s express prior written permission, you agree not to display or use in any manner, the ABCListing.Net Marks.

No Resale of Site

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services provided on the Site, use of the Site, or access to the Site, other than as provided within the scope of these Terms of Use.

Third Party Content

The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ABCListing.Net has no control over such sites and resources, you acknowledge and agree that ABCListing.Net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ABCListing.Net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Any opinions, advise, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of ABCListing.Net. ABCListing.Net neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than authorized spokespersons of ABCListing.Net while acting in official capacities.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of you knowledge.

ABCListing.Net shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any applicable law, regulation, or authorized government request. ABCListing.Net shall have the right to remove any material that ABCListing.Net, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnity

You agree to indemnify, defend, and hold ABCListing.Net, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim, liability, loss, expense, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) Information you submit, post, transmit, or make available through the Site, (ii) your use of the Site, (iii) your connection to the Site, (iv) your violation of the Terms of Use, including any violation of the End User Conduct section above, or (vi) your violation of any rights of another.

Disclaimer of Warranties

You Expressly Understand and Agree that:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. ABCLISTING.NET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ABCLISTING.NET MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU ON THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ABCLISTING.NET OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS TERMS OF USE SECTION MAY NOT APPLY TO YOU.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABCLISTING.NET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ABCLISTING.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE SITE, ANY CONTENT ON THE SITE, AND THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS TERMS OF USE SECTION MAY NOT APPLY TO YOU.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

General Information

  • Entire Agreement. The Terms of Use constitutes the entire agreement between you and ABCListing.Net and governs your use of the Site, superseding any prior agreements between you and ABCListing.Net. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party information or third-party software.
  • Choice of Law. The Terms of Use and the provision of services to you are governed by the laws of the state of Florida, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within Florida by Florida residents.
  • Arbitration. Any controversy or claim arising out of or relating to the Terms of Use or the provision of services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Miami, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and ABCListing.Net agree to submit to the personal jurisdiction of the federal and state courts located within the city and county of Miami-Dade County Florida. Either you or ABCListing.Net may seek any interim or preliminary relief from a court of competent jurisdiction in Miami-Dade County, Florida necessary to protect the rights or property of you or ABCListing.Net (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
  • Invalid Provisions. The failure of ABCListing.Net to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
  • Time to File Claim. 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 Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  • Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
  • Notices. Notices to you may be made via email or regular mail. Our mailing address is 1770 W. 40th Street, Unit #2, Hialeah FL 33012
  • Attorneys’ Fees. In the event any legal action or proceeding is instituted to construe, interpret, enforce or avoid these Terms of Use, the finally prevailing party shall be entitled to recover, in addition to all other available remedies, all costs and reasonable attorneys’ fees and costs, which may be determined in the principal action or in a later action brought for that purposes

Violations

Please report any violations of the Terms of Use here, in print to Abclisting, inc. 1770 W. 40th Street, Unit #2, Hialeah FL 33012 phone number: 305-818-1800

Date Last Modified:

The Terms of Use were last modified on January 28, 2011

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