Terms & Conditions (User Agreement)

1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, Privacy Agreement, Prohibited Items and all applicable laws and regulations. You agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Ned Wins, LLC. ("Ned Wins") provides a collection of online resources, including classified listings, advertising, email services and links to third party sites (referred to hereafter as "the Service"), available at the URL http://www.Ned Wins.com/ (the "Site"), that are subject to the following Terms of Use ("Terms"). By using the Site or the Service in any way, you agree to comply with these Terms. In addition, when using particular Ned Wins services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. Please report any violation of these Terms to abuse@NedWins.com.
Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Ned Wins in any way, your only recourse is to immediately discontinue use of the Site and the Service. Ned Wins will not be held be liable for any loss or damage for non-compliance.
These Terms may be updated by Ned Wins. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms at http://www.Ned Wins.com/info/terms/. Any continued use of the Software or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.
You understand and agree that unless expressly stated, Ned Wins in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews.

2. Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE 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 FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. NED WINS, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER NED WINS, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NED WINS ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

3. Limitations
IN NO EVENT SHALL NED WINS, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF NED WINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NED WINS SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF NED WINS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO NED WINS, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NED WINS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

4. Revisions and Errata
The materials appearing on Ned Wins web site could include technical, typographical, or photographic errors. Ned Wins does not warrant that any of the materials on its web site are accurate, complete, or current. Ned Wins may make changes to the materials contained on its web site at any time without notice. Ned Wins does not, however, make any commitment to update the materials.

5. Links
The Ned Wins 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 Ned Wins, 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 Ned Wins 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 Ned Wins is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Ned Wins, 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.

6. Site Terms of Use Modifications
Ned Wins may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms of Use. You are responsible to keep current on the Terms of Use of Ned Wins.

7. Governing Law
Any claim relating to Ned Wins web site shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

8. Registration
Although registration is not required to use the Service or access to the Site, if you decide to register, you must complete the Ned Wins registration process. If you choose to register, you must submit a valid e-mail address and select a username and password during the registration process and be at least 18 years of age. You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify Ned Wins immediately of any unauthorized use of your account.
Ned Wins reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual

9. Content
You understand that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that Ned Wins does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Please see our Prohibited Content page for complete details.
Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of Ned Wins. Ned Wins makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will Ned Wins 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, linked or otherwise made available via the Site.
You understand and agree that any uploading or posting will be at your sole risk and Ned Wins shall not be responsible to you in any way. Further, Ned Wins does not provide any warranty as to your use of third-party content or software that you obtain from the Site.
You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although Ned Wins does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Ned Wins 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. You also understand and agree that Ned Wins, in its sole discretion, may delete any Content for any reason.

10. User Conduct
You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the Service or blocked from the Site. 

You agree not to post, email and otherwise make available Content that: 
    

* Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise     objectionable 
* Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
* Is harmful to minors or displays sexually explicit material of any kind
* Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation 
* Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc. 
* Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights 
* Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Ned Wins service 
* Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without Ned Wins prior consent
* Contains personally identifiable information about another member that is published without their express consent
* Contains material originally posted by another member that is reposted without permission or attribution
* Has misleading email addresses or other manipulated identifiers to disguise its origin
* Is purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Ned Win’s infrastructure
* That is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, bestiality, masturbation, sadistic or masochistic abuse, lascivious exhibition of the genitals or pubic area of any person
* Violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap(or violates any state or local law prohibiting discrimination on the basis of these or other characteristics). 
* Violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. With respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.

Additionally, you agree not to: 
    

* Contact anyone who has asked not to be contacted 
* "Stalk" or otherwise harass anyone
* Delete or revise any material posted by any other user
* Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity
* Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site
* Post the same item or service in more than one classified category or forum, or in more than one metropolitan area
* Attempt to gain unauthorized access Ned Wins computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site

11. Ownership
All right, title and interest in and to the Site and the Service are and will remain the exclusive property of Ned Wins and its licensors. "Ned Wins, LLC." and Ned Wins logos, icons and other marks identifying Ned Wins services or products are trademarks of Ned Wins and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without Ned Wins express written authorization. All rights not expressly granted in these Terms are reserved to Ned Wins.
Ned Wins respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at abuse@Ned Wins.com. Filing a notice of infringement with Ned Wins requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site.

12. Termination and Limits of Service
You acknowledge that Ned Wins may establish limits concerning use of the Service. You agree that Ned Wins has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Ned Wins reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Ned Wins shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Ned Wins 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 Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Ned Wins believes that you have acted inconsistently with these Terms. Further, you agree that Ned Wins shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.

13. Indemnity
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD NED WINS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST NED WINS ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.

14. General information
These Terms are governed in all respects by the laws of the State of Oklahoma, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in Tulsa, Oklahoma  and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Ned Win’s failure to act with respect to a breach by you does not waive Ned Win’s right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns. Ned Wins shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Ned Win’s reasonable control. Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

15. Fees
All fees are non-refundable, in whole or in part, even if the Service is suspended or canceled for any reason.

16. Section 1018: The Real Estate Notification and Disclosure Rule
EPA and HUD are required by Congress under Section 1018 of Title X, the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. § 4852d, to jointly enforce the Real Estate Notification and Disclosure Rule ("Disclosure Rule"). The Disclosure Rule requires landlords, property management companies, real estate agencies, and sellers to inform potential lessees and purchasers of the presence of lead-based paint and lead-based paint hazards in pre-1978 housing. This ensures that potential tenants and home buyers are receiving the information necessary to protect themselves and their families from lead-based paint hazards prior to them being obligated to purchase or rent pre-1978 housing. EPA New England is currently coordinating with Federal partners to identify program activities, resources, and the best unified approach for enforcement and compliance of the Disclosure Rule in New England. EPA’s regulations are codified at 40 C.F.R. Part 745, Subpart F.

17. Information and Privacy Disclosure
Ned Wins has a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of our Privacy Policy can be found at http://www.Ned Wins.com/privacy/. Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy.
You further acknowledge that Ned Wins 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 the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of Ned Wins, its users or the general public.