San Diego Classifieds Terms & Conditions

Safelist Terms of Use

Please read the following Terms of Use carefully as they will govern your use of the Safelist.com website and your relationship with Safelist Ventures, Inc.

This policy is effective as of December 3, 2009.

1. Acceptance of Terms
1.1. Welcome to www.Safelist.com! Through this website Safelist Ventures, Inc. (hereafter referred to as “Safelist”), a California corporation, provides a collection of resources – including classified advertisements, business promotion coupons, personals ads, job listings, email accounts, electronic chat capability between site users, forums, blogs and more (the “Service”) – to Users of the website (“Users”). By accessing the Safelist.com website and using the Service in any way Users are agreeing to abide by these Terms of Use and are in fact entering into an agreement with Safelist (the “Agreement”). These Terms of Use set forth the terms and conditions that will govern your use of and participation in the Safelist.com website.
1.2. If you do not accept ALL of the terms and conditions in this Agreement, you must discontinue use of the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, SAFELIST’S PRODUCT LISTING POLICY AND SAFELIST’S PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE "Terms of Use").
1.3. Safelist reserves the right, but not the obligation, to enforce these Terms of Use in whatever manner it sees fit, up to and including litigation and prosecution of those site Users who do not abide by this Agreement.
1.4. Safelist reserves the right to change these Terms of Use at any time without prior notice. Any changes will be communicated to Users through posting of the revised Terms of Use on the Safelist.com website, with the revision date noted. Posting of the revised Terms of Use will make the revised Terms of Use immediately effective. After posting by Safelist of the revised Terms of Use, your continued use of the Service in any way shall indicate your acceptance of the revised Terms of Use. The Terms of Use and the Agreement between Safelist and any User can only be modified by an authorized officer of Safelist; all such modifications must be in writing.
2. Site Registration
2.1. In order to use the various features of the Safelist.com website, a User must first complete Safelist’s Identity Verification Process. As part of this process Safelist shall issue the User a unique User ID and allow the User to choose a unique Password. Each person or business entity that completes this process is considered to be a “Registered User” of the site. An account (“Account”) is established for each Registered User. A Registered User may not share, assign or permit the use of its Account in any way by another person outside of the User’s business entity. Each Registered User is solely responsible for maintaining the confidentiality of its User ID and Password and for all activities that occur under this User ID, Password and Account.

2.1.1. Note that throughout this Agreement, the term “User(s)” includes both “Registered User(s)” and non-registered User(s).
2.1.2. Registered Users must be at least eighteen (18) years old.
2.2. If the Registered User is a business entity, by completing the Identity Verification Process the User represents that (a) he or she has the legal authority to bind the entity to this Agreement; and (b) all information submitted during the registration process is accurate, true, current and complete.
2.3. A Registered User may not sell, give away, assign or otherwise transfer an Account, User ID or Password to any third party under any circumstances.
2.4. Safelist reserves the right to refuse to issue an Account to any potential User, for any reason whatsoever.
2.5. Because Safelist advertises that it verifies the identity of Users of the Safelist.com website, each Registered User acknowledges that sharing its Account with other persons, or allowing multiple Users outside of its business entity to use its Account, can cause irreparable harm to Safelist. Each Registered User therefore indemnifies Safelist (and its affiliates, successors, employees, agents, representatives, officers, directors, shareholders, service providers, suppliers and assigns) against any loss or damages (including but not limited to loss of profits) suffered by Safelist as a result of such sharing or multiple use of an Account. If a Registered User learns of any unauthorized use of its Account, User ID, Password or other security breach it will immediately notify Safelist. Each User hereby agrees that Safelist (and its affiliates, successors, employees, agents, representatives, officers, directors, shareholders, service providers, suppliers and assigns) shall not be held liable for any loss or damages arising from the User’s failure to comply with these terms.
3. The Service
3.1. Safelist will offer the Service free of charge for an unspecified period of time, and may terminate all or part of the free User benefits at any time, in its sole discretion. Safelist reserves the right to impose a fee for all or part of the Service at any time, in its sole discretion.
3.2. The Service will include the following core features, each of which may be added to, changed, or suspended for the purposes of scheduled or unscheduled maintenance, at any time at Safelist’s sole discretion:

3.2.1. User’s Profile – Allows each Registered User of the Safelist.com website to display and edit basic personal information, such as photographs, interests, hobbies and more.
3.2.2. Classified Ads – Allows each Registered User of the Safelist.com website to display advertisements of products for sale, services for sale or hire, or lodgings or dwellings for sale or rent.
3.2.3. Personals Ads – Allows each Registered User of the Safelist.com website to post ads in the website’s Personals section, which is provided as a means for adults to meet each other.
3.2.4. Jobs Wanted Ads – Allows each User of the Safelist.com website to post resumes and notices of jobs wanted.
3.2.5. Products or Services Wanted Postings – Allows each Registered User of the Safelist.com website to post an unlimited number of offers to buy products and/or services for hire from other Registered Users of the site.
3.2.6. Business Ads and Coupons – Allows each business that is Registered as a User of the Safelist.com website to promote their business by creating, editing, and displaying advertisements, coupons, videos, photographs and more.
3.2.7. Jobs Available Ads – Allows each business that is a Registered User of the Safelist.com website to post unlimited ads in the Employees Wanted section of the site.
3.3. Safelist reserves the right to modify, change, upgrade, limit or suspend the Service or any of its applications or functionalities at any time, either temporarily or permanently, at its sole discretion, without any prior notice whatsoever. Safelist may also choose to introduce new features, functionalities or applications to the Service or to future versions of the Service. All changes to the Service shall be governed by the Terms of Use and this Agreement unless otherwise stated by Safelist.
3.4. Safelist understands that the inability to use the Service – either wholly or partially, for any reason – may have adverse effects on Users. Regardless of what harm such inability may cause, each User hereby agrees that Safelist (and its affiliates, successors, employees, agents, representatives, officers, directors, shareholders, service providers, suppliers and assigns) shall never be held liable to the User or any third party for any inability to use the Service (for any reason whatsoever); for any delays, inaccuracies, errors or omissions regarding any communications or transmissions related to the Service; or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.
3.5. Safelist is not required to actively monitor or exercise editorial control over, or endorse, verify or otherwise certify, any data, information, posts, text, software, music, sound, photographs, images, graphics, video, messages or other materials (“Content”) posted by Users on the Safelist.com website. Safelist’s verification process is solely limited to verifying the identity of the site’s Registered Users. Each Registered User is then solely responsible for – and may be held legally liable for – the Content that is posted on the website (including on blogs, discussion boards or forums) or communicated through the website’s communication tools (such as e-mail or chat) utilizing the User’s Account.
3.6. As part of the Service, Safelist may make available to Users the use of blogs, discussion boards and/or forums (hereafter collectively referred to as “Forums”) in order to promote and encourage open, honest and respectful communication between site Users. Each User acknowledges that Safelist does not control the Content posted on the site Forums and therefore does not guarantee the accuracy, integrity or quality of such Content. Each User agrees to evaluate and bear all risks associated with the use of the Forums, and understands that through such use the User may be exposed to Content that is offensive, indecent or objectionable.
3.7. In its sole discretion, Safelist reserves the right to remove from the Safelist.com website any Content that it believes is or may be unlawful, could subject Safelist to liability, is in violation of the Terms of Use and/or this Agreement, or is otherwise deemed to be inappropriate in Safelist’s sole opinion. Safelist reserves the right to fully cooperate with governmental authorities, investigators, and/or injured third parties in the investigation of any suspected civil or criminal wrongdoing. As part of this cooperation Safelist may disclose the User’s personal information (including name and contact information). User agrees that Safelist (and its affiliates, successors, employees, agents, representatives, officers, directors, shareholders, service providers, suppliers and assigns) will not be liable for any damages that this disclosure may cause to the User, the User agrees not to bring any action or claim against Safelist for such disclosure and fully waives the User’s rights to bring any action and releases all claims the User may have with respect to this disclosure. If the User is a California resident, the User hereby waives 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 or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
4. Termination of Service
4.1. Safelist reserves the right, in its sole discretion, to terminate the Account of any User of the Safelist.com website, immediately and without notice, for any reason. Safelist may remove and discard any Content posted on the Safelist.com website for any reason. Safelist reserves the right, but not the obligation, to terminate the Account of any User that Safelist believes has violated these Terms of Use. Safelist (and its affiliates, successors, employees, agents, representatives, officers, directors, shareholders, service providers, suppliers and assigns) shall not be liable to any User or third party for any damages caused by such termination. Sections 1, 4 through 6 and 9 through 14 shall survive termination of this Agreement.
4.2. If Safelist has reasonable grounds to believe that a User has violated these Terms of Use, or has received the purchase price but failed to deliver any items or services ordered from the User by another User or a third party through the Safelist.com website or as a result of information posted on the Safelist.com website, or if the User receives the purchase price but delivers items or services that materially fail to meet the terms and descriptions outlined in the User’s contract with such User or third party, Safelist may terminate the User’s Account without notice or compensation. Further, Safelist may refuse any and all current or future use of the Service or any other services that Safelist may offer by that User.
5. User Responsibilities
5.1. Each Registered User must (a) provide true, accurate, current and complete information about themselves when completing the Safelist Identity Verification Form (and hereby represents and warrants that such information is true, accurate, current and complete), and (b) immediately inform Safelist (via email at CustomerService@Safelist.com) if and when any such information changes.
5.2. Each User of the Safelist.com website hereby grants to Safelist Ventures Inc. an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display, use, copy, perform and distribute all information provided to Safelist by the User in accordance with this Agreement, to prepare derivative works and/or incorporate such information into other works, and to exercise the copyright, publicity and database rights the User has in such material or information, in any media whatsoever (including those now known or those not currently known).
5.3. Each User represents and warrants that it has obtained all necessary third party licenses and permissions regarding any material or information that it posts on the Safelist.com website, provides to Safelist or authorizes Safelist to display. Under no circumstances may a User provide or display information or material that violates the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”). Each User is solely responsible for ensuring that it does not violate any Third Party Rights. Each User further represents and warrants that it has the authority and legal right to sell, distribute or offer to sell or distribute the products or services described in the material or information that it posts on the Safelist.com website or provides to Safelist or authorizes Safelist to display.
5.4. Each User acknowledges that all Content, including advertisements and comments posted by the User, whether publicly posted on or privately transmitted through the Site, are the sole responsibility of the User from whom the Content originated. Each User agrees not to include User's contact information in the description of the advertisement, within a comment posting or in any other Content other than as provided through the Site's automated posting of contact information based on User preference and verification status. The posting User, and not Safelist, is solely and entirely responsible for all Content that is uploaded to, posted on or communicated through the Safelist.com website.
6. Prohibited Activities
6.1. Users of the Safelist.com website agree not to post (including on Safelist’s Forums), use Safelist.com’s electronic communications systems (such as e-mail and chat) to transmit, or otherwise make available Content that:

6.1.1. Violates any law, statute, ordinance or regulation or is otherwise illegal, involves illegal items, or is meant for illegal purposes – including illegal drugs or controlled substances, prostitution, pirated software, pirated DVD or videos, counterfeit or stolen items, or items whose sales and/or marketing is prohibited by law;
6.1.2. Violates the Fair Housing Act;
6.1.3. Violates federal, state or local employment laws or statutes, including equal employment opportunity and anti-discrimination laws or statutes;
6.1.4. Infringes upon or violates any third party’s rights, including but not limited to copyright, patent, trademark, trade secrets, privacy, or any other personal, proprietary or legitimate rights;
6.1.5. Is fraudulent, defamatory, libelous, threatening, abusive, harassing, defamatory, threatening, invades another person’s privacy, obscene, pornographic, or harms minors in any way;
6.1.6. Is deceptive, false or misleading:
6.1.7. Promotes discrimination based on age, race, gender, religion, nationality, ethnicity, disability or sexual orientation;
6.1.8. Involves or contains any computer viruses or other device, program or code that can damage, interfere with, limit the functionality of or expropriate any computer software or hardware system or telecommunications equipment:
6.1.9. Impersonates any person or entity or misrepresents the User’s affiliation with any person or entity;
6.1.10. Is posted in an area of the Safelist.com website that is not designated for Content of that type.
6.2. In addition, Users of the Safelist.com website agree not to:

6.2.1. Be involved with any scheme meant to undermine the integrity of the networks or computer systems used by Safelist and/or any User of Safelist’s Service, attempt to gain unauthorized access to such computer systems or networks, and/or attempt to copy, reproduce, or exploit any of Safelist’s proprietary databases, listings or directories;
6.2.2. Be involved with any scheme meant to defraud other Users of the Safelist.com website or meant for any other unlawful purpose;
6.2.3. Take any action that could potentially disrupt the site’s Service, negatively affect other Users’ ability to use the Service or impair the functionality of the site or the Service;
6.2.4. Undermine or attempt to undermine the integrity of Safelist.com’s feedback system, such as by posting feedback about the User him or herself through third parties or by posting unsubstantiated negative feedback for another User;
6.2.5. Use a Safelist.com email account to send unsolicited or unauthorized email advertisements (including but not limited to “junk mail” or “spam”) or “chain letters” to others;
6.2.6. Contact anyone who has asked not to be contacted;
6.2.7. Harass or “stalk” anyone;
6.2.8. Post an advertisement for the same item or service in more than one category or forum on the Safelist.com website;
6.2.9. Have Content posted on the Safelist.com website on behalf of the User by a third-party agent or service;
6.2.10. Use any of the Safelist.com Forums as a marketing platform, including posting any information relating to trade leads, promotions of their products or their company profile;
6.2.11. Upload, post or e-mail any Content that contains a complaint regarding Safelist’s Services or refers to such a complaint on the Site, as any such complaint must be directed to Safelist via e-mail at CustomerService@Safelist.com;
6.2.12. Collect or store personal data about other Users or post, email or otherwise make available personal data or other identifying information of any other User without that User’s express consent;
6.2.13. Otherwise do anything that can create any liability for Safelist or its affiliates, successors, employees, agents, representatives, officers, directors, shareholders, service providers, suppliers and assigns.
7. Transactions between Safelist.com Site Users
7.1. Safelist provides Users of the Safelist.com website an electronic internet-based platform for exchanging information about products and services between sellers and buyers. Safelist does not represent the buyer or the seller in any sales transactions, does not charge or receive any commissions from completed sales transactions, and does not control and is not liable to or responsible for any aspect of these transactions – including the lawfulness, quality, safety or availability of the products and services offered for sale on the site or the ability of buyers to complete a purchase or sellers to complete a sale.
7.2. Users assume full and sole responsibility for all terms and conditions of transactions or meetings conducted on, through or as a result of use of the Safelist.com website. This includes but is not limited to terms regarding payment, returns, guarantees, warranties, shipping, insurance, fees, permits, taxes, title, licenses, storage and more.
7.3. Users fully assume any and all risks – including but not limited to personal safety risks and transaction risks – associated with purchasing or selling goods or services through the Safelist.com website, and/or meeting other site Users through the site’s Personals section or to conduct transactions or meetings. By accessing and using the Safelist.com website, each User agrees that Safelist (and its affiliates, successors, employees, agents, representatives, officers, directors, shareholders, service providers, suppliers and assigns) shall not be held liable or responsible for any damages, costs, inconveniences, harm, liabilities, business disruptions or expenditures of any kind or personal injury (including death) that may arise as a result of a connection made through or as a result of the Safelist.com website.
7.4. Safelist has a contractual arrangement that enables Users to make payments for goods or services purchased from other site Users through Escrow.com. Escrow.com provides online escrow services that facilitate and accelerate e-commerce by assuring secure settlement. Safelist does not have any ownership in or control over Escrow.com, its operations, policies or procedures. For more information about this optional service – including Escrow.com’s Terms of Use and Privacy Policy – please visit www.Escrow.com.
8. Safety
8.1. Although Safelist.Com diligently makes every effort to verify and confirm the identity of our website’s Registered Users and takes a variety of precautions designed to create a safe experience for all Users. Safelist.com acknowledges that these precautions cannot and do not in any way constitute a guarantee of safety. Safelist.Com also acknowledges that if any user wants to thwart our verification process, he or she may be able to find a way to circumvent our procedures. Therefore, Safelist.Com cannot and does not guarantee every User’s purported identity (including, without limitation, the identity of Safelist Silver and Safelist Gold Users). All Users are strongly encouraged to carefully evaluate, on an individual basis, EVERY person with whom they are considering to enter into a business transaction with and/or considering socializing.
9. Indemnification
9.1. By accessing the Safelist.com website and using the Service in any way each User agrees to indemnify and hold Safelist, its affiliates and successors, and their respective employees, agents, representatives, officers, directors, shareholders, service providers, suppliers and assigns, harmless from any and all losses, claims, demands, expenses, damages and liabilities (including reasonable attorney’s fees and legal costs on a full indemnity basis) arising from or related to the User’s use of the Service, including, without limitation, the submitting, posting, making available or communication of any Content provided by the User; any violation of the Terms of Use or this Agreement or the rules contained on the Site; any issue resulting from the sharing or multiple users of an Account; any breach of any of the User’s representations or warranties provided in this Agreement, or any violation by the User of any rights of another. Furthermore, this indemnification includes the express understanding that Safelist is not responsible for and shall have no liability for any material submitted to, posted on, made available through or communicated through the Safelist.com website by Users or other third parties, including fraudulent, misleading, false, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User.
9.2. Safelist reserves the right, but not the obligation, at its own expense, to assume the exclusive control and defense of any issue otherwise subject to indemnification by the User. In this case the User shall cooperate with Safelist in this endeavor.
9.3. If a User has a dispute or disagreement with another User or any party to a transaction conducted on, through or as a result of use of the Safelist.com website, each User understands and agrees that Safelist is under no obligation to become involved. In the event that the User has a dispute with one or more other Users or third parties, each User hereby releases and indemnifies Safelist (and its affiliates, successors, employees, agents, representatives, officers, directors, shareholders, service providers, suppliers and assigns) from all claims, demands, proceedings, actions, costs, expenses and damages of every kind and nature (including, without limitation, any special, actual, incidental or consequential damages), known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in anyway connected with said transaction, dispute and/or use of the site or Services. If the User is a California resident, the User hereby waives 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 or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
10. Disclaimer of Warranties
10.1. SAFELIST’S SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. SAFELIST HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES RELATED TO THE SAFELIST.COM WEBSITE, SAFELIST SERVICES OR ITEMS, PRODUCTS OR SERVICES POSTED ON OR COMMUNICATED THROUGH THE SAFELIST.COM WEBSITE OR ACCESSED THROUGH LINKS ON THE SAFELIST.COM WEBSITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF QUALITY, CONDITION, DURABILITY, PERFORMANCE, ACCURACY, SAFETY, RELIABILITY, SECURITY, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, SAFELIST DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL CONTENTS IN CONNECTION WITH THE SAFELIST.COM WEBSITE OR SAFELIST SERVICE. ALL SUCH WARRANTIES ARE HEREBY EXCLUDED.
10.2. SAFELIST MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, STABILITY, SAFETY, QUALITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SAFELIST.COM WEBSITE, INCLUDING INFORMATION ABOUT SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE SITE.
11. Limitation of Liability
11.1. UNDER NO CIRCUMSTANCES SHALL SAFELIST BE HELD LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (WHETHER OR NOT SAFELIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF A USER’S USE OF OR INABILITY TO ACCESS AND USE THE SAFELIST.COM WEBSITE OR SAFELIST’S SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS REGARDING ANY COMMUNICATIONS OR TRANSMISSIONS RELATED TO THE SAFELIST.COM WEBSITE OR SAFELIST SERVICE OR ANY DISCLOSURE OF USER INFORMATION AS PERMITTED BY THE TERMS OF USE AND THIS AGREEMENT, REGARDLESS OF HOW THESE DAMAGES AROSE. SUCH LIMITATION SHALL ALSO APPLY TO DAMAGES INCURRED BY REASON OF OTHER ITEMS, PRODUCTS OR SERVICES RECEIVED THROUGH OR POSTED IN CONNECTION WITH THE SAFELIST.COM WEBSITE OR THE SAFELIST SERVICE OR ANY LINKS ON THE SAFELIST.COM WEBSITE AND ANY INFORMATION, CONTENT OR ADVICE RECEIVED THROUGH OR POSTED IN CONNECTION WITH THE SAFELIST.COM WEBSITE, THE SAFELIST SERVICE OR ANY LINKS ON THE SAFELIST.COM WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
11.2. Each User acknowledges that any material downloaded from or otherwise obtained through the use of the Service is done at the User’s sole discretion and risk. Each User is solely responsible for any damage that occurs as a result of the download of such material, including but not limited to computer system damage or loss of data.
11.3. Safelist shall not be held liable under any circumstances for any delay, failure or disruption of the Service resulting directly or indirectly from acts of nature or forces or causes beyond its reasonable control.
11.4. Safelist shall not be held liable for any damages of any kind whatsoever resulting from the use or the inability to use the Service; any defect in goods, services or information purchased or obtained through the Safelist.com website; unauthorized access by third parties to any User’s data or private information; statements or conduct of any site User; or any other matter relating to the Service however arising, including negligence.
11.5. The Safelist.com website may contain links to other websites and resources (“External Links”). Users acknowledge that Safelist has no control over, is not responsible for, and has no liability as a result of the available of External Links and their contents.
12. Intellectual Property Rights
12.1. Safelist is the sole owner or lawful licensee of all the rights to the Service, and all title, ownership and intellectual property rights in the Service shall remain with Safelist or its affiliates. The trade secrets and intellectual property rights of the Service are protected under worldwide copyright and other laws. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work and/or copying or reproducing the site or any portion thereof to another server or location for further reproduction or redistribution is prohibited without the express written consent of Safelist. Users hereby agree not to reproduce, duplicate, copy, sell, resell or exploit for any purpose Content from the Service or any aspect of the Service without the express written consent of Safelist. Users agree to abide by all copyright notices displayed on the Service. Users may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. All rights not otherwise claimed under this Agreement are hereby reserved.
12.2. “Safelist,” “Safelist.com,” “Safelist.net,” “Safelist.org,” “Safelist.tv,” “Safelist Ventures,” “Safelist Silver,” “Safelist Gold” “Safelist Blog,” “Safelist Mailbox,” and all related icons and logos are Registered Trademarks or trademarks or service marks of Safelist Ventures, Inc., and are protected under applicable laws. The unauthorized use, publication, copying or modification of these marks is strictly prohibited.
12.3. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13. No Spam Policy
13.1. Users understand and agree that sending unsolicited email advertisements to users or through the Safelist site or system, which is expressly prohibited by the Terms of Use, will use or cause to use servers located in California. Any unauthorized use of Safelist’s computer systems is a violation of these Terms of Use and certain federal and state laws, including, without limitation, the Computer Fraud and Abuse Act (18 U.S.C. Section 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.
14. General
14.1. Subject to any additional Agreements relating to Premium Services, this version of these Terms of Use, the Safelist Product Listing Policy and the Safelist Privacy Policy constitute the entire Agreement between Users of the Safelist.com website and Safelist, and govern Users’ use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.
14.2. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between Safelist and the User.
14.3. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
14.4. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
14.5. Safelist’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Safelist’s failure to act with respect to any breach by a User under this Agreement will not waive that right nor waive Safelist’s right to act with respect to subsequent or similar breaches.
14.6. Although Safelist Ventures shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity, including any affiliates of Safelist Ventures, Users do not have a similar right.
14.7. This Agreement shall be governed by the laws of the State of California in the United States of America without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the personal and exclusive jurisdiction of the courts of the State of California located in San Diego County. Users agree that regardless of any statute or law to the contrary, any claim or cause of action related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.