Website TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

ONLINE SD ADS TERMS OF USE

ACCEPTANCE OF TERMS:

Online SD Ads provides a collection of online resources, including classified ads, events calendar, and various external linked services, (referred to hereafter as "the Service") to you, the user subject to your acceptance of all of the terms, conditions, policies and notices stated here. Online SD Ads reserves the right to make changes to The Terms of Use ("TOU") immediately by posting the changed Terms and Conditions in this location. Your continued use of the website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Online SD Ads.

By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Online SD Ads services, you agree to abide by any applicable posted guidelines for all Online SD Ads services, which may change from time to time.

Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Online SD Ads in any way, your only recourse is to immediately discontinue use of Online SD Ads.

Personal and Noncommercial Use:

The Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to Online SD Ads that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions of use.

No Warranties:

USE THE Website AT YOUR OWN RISK. THIS Website IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Online SD Ads MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS Website SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither Online SD Ads nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of Online SD Ads. Online SD Ads reserves the right to change or discontinue at any time any aspect or feature of the Website.

Exclusion of Liability:

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Online SD Ads OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE Website BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE Website, DELAY OR INABILITY TO USE THE Website, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE Website, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO Online SD Ads OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE Website. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.

Indemnification:

You agree to defend, indemnify and hold Online SD Ads, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Online SD Ads site, or any content, product or service offered through the Online SD Ads site, in a manner that violates or is alleged to violate these Terms and Conditions. Online SD Ads shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Featured Links and Advertisements:

The Website may contain hyperlinks to Websites offered by parties other than Online SD Ads. Such hyperlinks are provided for your reference and convenience only Online SD Ads does not control such other Websites and is not responsible for their content; nor does Online SD Ads inclusion of hyperlinks to such Websites imply any endorsement of the material on such Websites or any association with their operators. Unless otherwise specifically stated on this Website, Online SD Ads does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Website.

Linking:

Unless you are subsequently advised otherwise by Online SD Ads, you are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website. Online SD Ads reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website. All postings, messages, text, files, images, pictures, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. Online SD Ads does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Online SD Ads site and Content available through the Service may contain links to other websites, which are completely independent of Online SD Ads and hence makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Online SD Ads be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

Copyright:

Except for material in the public domain under United States copyright law, all material contained on the Website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. None of the material contained on the Online SD Ads site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Online SD Ads. Violation of this provision may result in severe civil and criminal penalties.

You may not make copy or distribute any information pertaining to the coding of the website whether or not for a charge or other consideration, without prior written permission from Online SD Ads or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be mailed to:

Online SD Ads

Trademarks:

Online SD Ads are trademarks or registered trademarks of OnlineSDAds.Com licensed for use by Online SD Ads, and are protected by state and federal trademark laws. Other trademarks appear on the Website with permission from their respective owners. Your unauthorized use of trademarks appearing on the Website may constitute trademark infringement, which could subject you to substantial civil penalties.

Termination of Privileges:

Online SD Ads reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these terms and conditions of use. If Online SD Ads receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, Online SD Ads may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.

Copyright Infringement:

Online SD Ads will not tolerate copyright infringement of any kind. Online SD Ads does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Website infringes your copyright, you may seek to have the material removed by sending Online SD Ads notice that includes all of the following information:

• Your full name, address and telephone number
• Your e-mail address
• Identification of the copyrighted work(s) that you believe is being infringed
• Identification of the infringing material and information sufficient for Online SD Ads to locate the material
• Your statement of good faith belief that

(a) The material infringes your copyrights,

(b) The information provided in the notice is accurate and

(c) Under penalty of perjury, you are authorized to act for the copyright owner

• Your physical or electronic signature

Direct such notice to Online SD Ads designated agent for receiving copyright infringement notices:

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Upon receipt of notice complying with the above requirements, Online SD Ads will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Website.

If Online SD Ads removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying Online SD Ads designated agent in writing and including the following information:

• Your full name, address and telephone number
• Your e-mail address
• Identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
• Your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
• Your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the District of South Dakota (where Online SD Ads may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person's agent
• Your physical or electronic signature

Upon receipt of a notice meeting the above requirements, Online SD Ads will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, Online SD Ads will replace or enable access to the removed material unless Online SD Ads receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to Online SD Ads and/or the copyright owner or Website user.

Community Forums:

Online SD Ads may provide chat rooms, message boards and other public posting areas or community forums ("Community Forums") on the Online SD Ads site. If Online SD Ads provides any such Community Forum or if you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. Online SD Ads does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the Online SD Ads site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

• In consideration for being allowed to use the Community Forums, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
• Do not disrespect the privacy and views of others;
• Do not use the Community Forums for commercial purposes, including the promotion of any specific goods or services;
• Do not post obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false information;

Do not post blatant expressions of bigotry, racism or hate, material encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority, or any other material This e-mail address is being protected from spambots. You need JavaScript enabled to view it

• Do not use the Community Forums for unlawful purposes;
• Do not impersonate another person;
• Do not allow any other person or entity to use your identification to post or view comments; and
• Do not post material that infringes on the copyright or other intellectual property rights of others or the privacy and publicity rights of others.

Online SD Ads reserves the right to record dialogue in Community Forums. Online SD Ads is not responsible for screening or monitoring material posted by users or any other person or entity. If notified by a user of communications that are alleged not to conform to the terms of this Section, Online SD Ads may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. Online SD Ads reserves the right to remove communications that are abusive, illegal, and disruptive or that otherwise fail to conform to these Terms and Conditions. Online SD Ads reserves the right (but is not obligated) to delete any communications posted on the Online SD Ads site, regardless of whether such communications violate these standards for content.

Furthermore, Online SD Ads reserves the right (but is not obligated) to monitor or disclose any type of posting on the Community Forums for adherence to the Terms and Conditions, if required in the course of normal operations and maintenance of the Online SD Ads site, or if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Online SD Ads or others; or (iii) act in an emergency to protect the personal safety of our users or the public. Online SD Ads HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

Online SD Ads does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorses any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.

Any public Community Forum areas are for discussion and debate only. You may not use any Community Forum area to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. Online SD Ads shall have the right, but not the obligation, to monitor any Community Forum areas of the Website to determine compliance with these Terms and Conditions and any other operating rules that may be established by Online SD Ads from time to time.

By posting messages or other material in any Community Forum areas of the Website, you are granting to Online SD Ads and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.

Through your use of the Online SD Ads Community Forums, you are agreeing to all of the aforementioned Terms and Conditions of Use for such Community Forums contained herein.

You agree to defend, indemnify and hold harmless Online SD Ads Online SD Ads and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any Community Forums or use by others of any community forums with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.

Termination of Privileges:

Online SD Ads reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these terms and conditions of use. If Online SD Ads receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, Online SD Ads may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.

General:

These Terms and Conditions (including the privacy policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and Online SD Ads with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Online SD Ads reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by Online SD Ads. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction:

The Website is controlled and operated by Online SD Ads from its principal office in Mitchell, South Dakota, United States of America. Online SD Ads makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject Online SD Ads to the laws or jurisdiction of any state, country or territory other than the state of South Dakota and the United States of America.

Online SD Ads PRIVACY POLICY:

For each visitor to the Website, Online SD Ads servers automatically collect information about which pages are visited and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for Website traffic audits. We also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers.