User Agreement  

TERMS AND CONDITIONS OF THE USE OF PEGGO.COM WEB SITE .

PLEASE READ THIS USER AGREEMENT CAREFULLY. THE FOLLOWING DESCRIBES THE TERMS OF USE ON WHICH PEGGO OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES. BY USING OUR WEB SITE AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

IF YOU DISAGREE WITH ANY PART OF THIS AGREEMENT, PLEASE DISCONTINUE USE OF PEGGO. FEEL FREE TO SEND US YOUR COMMENT.

PLEASE BE AWARE THAT PEGGO MAY UPDATE THESE TERMS PERIODICALLY AS APPROPRIATE.

Table of Contents

1. General Information
2. Web Site Content
3. Privacy and Information Disclosure
4. Service Limitations
5. Service Termination
6. Conduct
7. Listing Restrictions
8. No Spam Policy
9. Interaction With Organizations and Individuals
10. Disclaimer of Warranties
11. Limitations of Liability
12. Indemnity
13. Violations of Terms and Liquidated Damages

1. General Information

Welcome to Peggo. It is Peggo’s desire to serve the community with a friendly and easy-to-use web site that allows the users and sponsors to post information. The main goal is to foster an exchange of contact; therefore, this site is open to all internet users. With this wide audience, we must establish rules, guidelines, and policies of usage and publication.

Peggo’s services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. While users of all ages are allowed to view and use our web site, services offered by Peggo are not available to minors (under 18 years of age.) If you do not qualify, you are not permitted to form any contract with Peggo.

2. Web Site Content

Peggo reserves the right to change the content, presentation, performance, user facilities, and availability of any part of its site at Peggo’s sole discretion and without notice. Peggo does not warrant any continuity of connection, transmission over security, or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the site.

Where Peggo provides hyperlinks to third party web sites, Peggo shall not take any responsibility for nor does it make any warranties, representations, or undertakings about the content of any other web site which may be referred to or accessed by the hyperlink and Peggo does not endorse or approve the content of such third parties web sites. Peggo makes no representation of warranty as to the accuracy, completeness, or authenticity of the information contained in these sites. Your linking to any other web sites is at your own risk.

You understand that all advertisement, listings, postings, messages, text, files, images, photos, videos, sounds, or any other materials posted on, transmitted through, or linked from Peggo, are the sole responsibility of the person from whom such content originated.

You understand that Peggo does not control, and is not responsible for content made available through the web site posting, and that by using the web site, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with the use of any content on Peggo as well as sites linked through Peggo, and Peggo will under no circumstances be liable in any way, shape, or form 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 site.

You understand that Peggo does not pre-screen or approve any information posted, but Peggo shall have the right, but not obligation, in its sole discretion to refuse, delete, or move any content on its web site, for violating the Terms or for any other reason.

3. Privacy and Information Disclosure

Peggo’s Privacy Policy is located at http://www.peggo.com/about/privacy.html. In using Peggo’s web site or any part of its services, you understand and agree with the terms of Peggo’s Privacy Policy. You further agree and acknowledge that Peggo may, in its sole discretion, preserve or disclose your content, as well as your information, such as email address(es), IP address(es), MAC address(es), timestamps, and other user information.

4. Service Limitations

Peggo reserves the right to establish limits concerning use of the web site, including the maximum number of days any content will be retained by Peggo, the maximum number and size of postings, email messages, or any other content that may be transmitted or stored by Peggo, the frequency with which you may access the web site, and the frequency with which you may submit postings within a period.

You agree that Peggo has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by Peggo.

You agree that Peggo has the right to modify or discontinue any part of the web site service at any time with or without notice, and Peggo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the web site.

You agree that Peggo shall not be responsible and liable for any disruption, discontinuance, or disconnection to the web site. Peggo shall not be liable for any network or internet performance issues that may cause any degradation in connection speed, upload and download time, or any other performance effects.

You agree that Peggo shall not be responsible and liable for any damage, hidden or infected, caused by malicious code such as, but not limited to, worms, viruses, spyware, or spam which may be transmitted through Peggo.

5. Service Termination

You agree that Peggo has the right, in its sole discretion, to delete or deactivate your account, block your email(s) or IP address(es) or MAC address(es), or otherwise terminate your access to or use of the web site or any part of its services, immediately and without notice, and remove and discard any content within the service, for any reason, including, without limitation, if Peggo believes that you have acted inconsistently with these Terms. Furthermore, you agree that Peggo shall not be liable to you or any third-party for any termination of your access to the web site or any part of its service.

6. Conduct

You agree not to post, email, or otherwise make available content:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
• 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;
• that impersonates any person or entity, including, but not limited to, a Peggo employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• that includes personal or identifying information about another person without that person's explicit consent;
• that is false, deceptive, misleading, or deceitful;
• that infringes any patent, trademark, trade secret, confidentiality, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law in any country or under contractual or fiduciary relationships in any country;
• that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
• that constitutes posting essentially the same item or service to more than two classified categories or forums, or to more than two separate metropolitan areas;
• that includes links to commercial services or web sites;
• that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law at local, state, or federal level;
• 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;
• that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
• that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through Peggo’s service.

Additionally, you agree not to:

• contact anyone who has asked not to be contacted;
• "stalk" or otherwise harass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Peggo;
• purposefully post content in an irrelevant category or city, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
• attempt to gain unauthorized access to Peggo'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 Peggo web site.

7. Listing Restrictions

In addition to terms listed in Section 6 Conduct, Peggo prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation. It is your responsibility to sell only legal goods and services and you must make sure that what you list for sale on Peggo Web site is legal and conforms to all the legal requirements of your local, state, provincial, federal or foreign law and regulations. Items prohibited or restricted for posting on Peggo.com include but are not limited to:

• Academic, Beta or OEM Software
• Alcohol or tobacco products to persons not of lawful age
• Copyright or Trademark-Sensitive Goods
• Counterfeit or Knock-Off Goods (including but not limited to currency and stamps)
• Fireworks, Explosives, and Hazardous Materials
• Fraudulent schemes (including but not limited to investment, marketing, products, and service)
• Gambling Items
• Goods Made From Protected Animal/Plant Species
• Government IDs
• Hacking/Surveillance/Interception/Descrambling Equipment
• Human Parts, Bodily Fluids, and Human Remains
• Illegal Drugs, Drug Paraphernalia, Steroids, & Other Controlled Substances
• Individual Contracts or Non-Transferable Items
• Inflammatory, defamatory messages, or libel
• Items subject to Embargo
• Life sustaining or threatening devices
• Offensive Material (items that promote hatred, violence, racism, or intolerance)
• Police-Related Items
• Prescription or Over-the-counter Drugs & Medical Devices
• Promotional giveaways or market referral programs
• Recalled Items
• Stocks, Bonds & Securities
• Stolen Property or Items used for theft
• Weapons & Ammunition (including but not limited to firearms, switchblade knives, martial arts weapons, sniper scopes, silencers, ammunition, large capacity magazines, BB guns, tear gas, and stun guns)
• Adult-oriented products or services

8. No Spam Policy

You agree not to send unsolicited email advertisements to Peggo email addresses or through Peggo computer systems, and that any violation will be submitted to state and federal government authorities for investigation. Any unauthorized use of Peggo 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.

9. Interaction With Organizations and Individuals

Your interactions with organizations and/or individuals found on or through Peggo Web site, 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 agree that Peggo 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 Peggo Web site, or between users and any third party, you understand and agree that Peggo is under no obligation to become involved. 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.”

10. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE PEGGO WEB SITE AND OUR SERVICES IS AT YOUR OWN AND SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIVEDEAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

PEGGO MAKES NO WARRANTY THAT THE SITE OR OUR SERVICES WILL SATISFY YOUR REQUIREMENTS, OR THAT THE AVAILABILITY OF THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES LIVEDEAL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE OR OUR SERVICES.

YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SITE OR OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIVEDEAL OR THROUGH OR FROM THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL PEGGO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OR LOSS OF DATA, INFORMATION OR MESSAGES TRANSMITTED THROUGH THE SITE OR OUR SERVICES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR OUR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR INFORMATION, EVEN IF LIVEDEAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL LIVEDEAL BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE OR OUR SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL PEGGO'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR CAUSE OF ACTION EXCEED THE LESSER OF (I) THE DOLLAR VALUE OF THE ACTUAL LOSS OR (II) ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the foregoing above may not apply to you.

12. Indemnity

You agree to defend, indemnify and hold Peggo and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless from and against any and all claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of the Peggo web site or our Services, including, but not limited to, posting content on Peggo web site, entering into transactions with other Peggo web site users, contacting others as a result of their posting(s) on Peggo web site, infringing a third party's intellectual property or other rights, failing to deliver goods or payment to other Peggo web site users or otherwise arising out of your breach of this Agreement.

13. Violations of Terms and Liquidated Damages

Please report any violations of these terms to abuse@peggo.com. Peggo reserves the right to evaluate the abuse and act accordingly, without any obligation to follow any stated or perceived method or timeframe. Peggo reserves the right to report abuse and offenders’ information to government authorities.