Terms & Conditions of Use Agreement
Please read this “Terms and Conditions of Use Agreement" before accessing website.
Effective Date: Terms and Conditions of Use Agreement was last updated on 02/12/2020.
This Terms and Conditions of Use Agreement sets forth the standards of use of the Berks Daily Online Service. By using the Berks Daily/BerksDaily.com (hereinafter referred to as We, Us, and/or Our") website, all Visitors, Customers, and/or Members (hereinafter referred to as “You”) agree to these terms and conditions of use. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at our website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Under the special notice section, you the member agree not to post any ads, auctions, storefront material, or any other submitted material that may reasonably be considered to be, defamatory, libelous, hateful, racially,
ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy.
We DO NOT accept any ads or auctions promoting adult services of any kind. This includes, but is not limited to massage services, unless the service is a bonafide massage parlor upholding strict advertising and business standards, and no reference of any kind as to adult services being provided or performed.
We DO NOT accept any ads or auctions promoting bath salts and/or similar products, drug paraphernalia and/or drug related products, nor any other products/services which are considered illegal in the United States of America.
Description of Service
We provide Members with free and upgradeable classified ad/auction services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
Disclaimer of Warranties
The site is provided by us on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for any interruptions in the use of this Website. We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
We shall not be liable for any damages whatsoever, and in particular, we shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Member agrees to indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member and/or other Members, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Member acknowledges and accepts that we do not guarantee continuous, uninterrupted, or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Our web site does reside on secure servers, and we do use a secure (ssl) connection for any transactions involving the upgrading of an ad, or any other transactions involving financial information. All processing of financial transactions takes place on financial institutions secure servers through an encrypted secure connection.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and/or other information have either been provided by the Vendors or collected from publicly available sources. While we make every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
We make no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. We do not provide any payment services between buyers and sellers. All transactions agreed to through the use of this site, are between, and solely at the risk of, the respective buyers and sellers.
Governing Jurisdiction of the Courts of Pennsylvania
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © Noble Group USA / www.noblegroup.us, with all rights reserved, or is the property of us and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Noble Group USA is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Noble Group USA.
Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
All other trademarks displayed on our website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with us.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the following individual as our agent for receipt of notifications of claimed copyright infringement.
Noble Group USA
Attn: Dale O. Longenecker Jr. - DMCA
P.O. Box 6884
Wyomissing, PA 19610-6884
By Telephone: (610) 880-8044
By Email: email@example.com
We retain the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, We reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.