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WELCOME TO EL AVISO.COM. It is our desire you find the services we offer beneficial. By accessing and interacting with our digital platforms such as servers, web services, websites, or other products, you agree to the following Terms of Use (“T.O.U.”). You hereby acknowledge, accept and approve that EL AVISO.COM is a privately held web-site that is owned and operated by El Aviso de Ocasion, Inc. If you are retrieving or using EL AVISO.COM, on behalf of a business entity, you hereby confirm that you are their representative duly authorized by the business entity to enter into this T.O.U. agreement on their behalf. If you or the business does not agree with the T.O.U., you are not authorized to use EL AVISO.COM., digital platforms. Be aware that, we may modify the T.O.U. at our sole discretion without prior notification. Users are responsible for periodically reviewing the T.O.U. for updates and changes which you are subject to as a condition for continued use of EL AVISO.COM. Our privacy policy, prohibited list, and all other policies, site rules, and agreements referenced below or on EL AVISO.COM., are fully incorporated into this T.O.U., which you agree to.

LICENSE. Is granted upon your agreement with the T.O.U. so long as:

1.) You are of legal age and capacity to use EL AVISO.COM., and are bound by the T.O.U.

2.) If you are in compliance with the T.O.U. and are using EL AVISO.COM on behalf of a business entity and you confirm that you are their representative authorized to bind the business to the T.O.U. we hereby grant you a limited, revocable, non-exclusive, non-assignable license to use EL AVISO.COM, unlicensed use is not authorized.

3.) Excluding postings you create, you must agree not to display, “frame,” make derivative works, distribute, license, or sell, content from EL AVISO.COM.

4.) You hereby grant elaviso.com a perpetual, irrevocable, unlimited, worldwide, fully paid sub-licensable license to use, copy, display, distribute, and make derivative works from content you post.

USE. Unless licensed by us, by form of a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with EL AVISO.COM, e.g. for downloading, uploading, creating, accessing, using an account, posting, flagging, emailing, searching, or mobile use. You also agree not to copy or collect content via robots, spiders, scripts, scrapers, crawlers, any automated or manual equivalent (e.g., by hand) from El Aviso.com.

Misleading, unsolicited, and unlawful postings or communications, are prohibited, as are buying or selling accounts. You hereby do agree not to post any content that is prohibited by any of EL AVISO.COM policies or rules referenced as (“Prohibited Content”). You agree not to abuse EL AVISO.COM flagging or reporting processes. You agree not to collect user information from EL AVISO.COM or interfere in any way with EL AVISO.COM.

You agree that we may moderate EL AVISO.COM’s access and use at our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access license account. You agree not to bypass said moderation and that EL AVISO.COM is not liable for moderating or not moderating, and nothing we say or do waives our right to moderate, or not.

LIQUIDATED DAMAGES. You further agree that if you violate the Terms of use section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for:

(A)          Collecting or harvesting EL AVISO.COM users’ information, including personal or identifying information is $1 per violation.

(B)          Publishing and misusing personal or identifying information of a third party in connection with your use of EL AVISO.COM, without that party’s expressed written consent is $1,000.00 per violation.

(C)          Misrepresenting your identity or affiliation to anyone in connection with your use of EL AVISO.COM is $1,000 per violation.

(D)          Posting or attempting to post Prohibited Content is $4 per violation.

(E)          Posting or attempting to post Prohibited Content in any paid section of EL AVISO.COM will be the price per post applicable to that specific section of EL AVISO.COM.

(F)          Sending unauthorized or unsolicited email to an email address obtained from EL AVISO.COM     is $25 per violation.

(G)         Using EL AVISO.COM’s user information to make or send an unauthorized unsolicited text message, call, or communication to an EL AVISO.COM, user is $500 per text, call or communication.

(H)          Creating a misleading or unlawful EL AVISO.COM account, buying or selling an EL AVISO.COM account is $4 per violation.

(I)           Abusing or attempting to abuse EL AVISO.COM.’s flagging or reporting processes is $1 per violation.

(J)           Distributing any software to facilitate violations of the Terms of use Section is $1,000 per violation.

(K)          Aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting EL AVISO.COM’s content for any purpose without our express written consent is $3,000 for each day you engage in such violations.

(L)           Requesting, viewing, or accessing more than 1,000 pages of EL AVISO.COM., in any 24-hour period is $0.25 per page during the 24 hour period after the first 1,000 pages.

(M)        Bypassing or attempting to bypass our moderation efforts is $4 per violation.

You hereby do agree that these amounts are:

A reasonable estimate of our damages as actual damages are often difficult to calculate, are not a penalty, and are not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the Terms of Use section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

FEES. You hereby do authorize elaviso.com to charge your account for any EL AVISO.COM fees in paid areas. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate, we also may refuse any posting.

DISCLAIMER & LIABILITY. To the full extent permitted by law, El Aviso.com, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“EL AVISO.COM Entities”):

  1. Make no promises, warranties, or representations as to EL AVISO.COM, including its completeness, accuracy, availability, timeliness, propriety, security or reliability;
  2. Provide EL AVISO.COM on an “AS IS” and “AS AVAILABLE” basis any risk of using EL AVISO.COM is assumed by you.
  3. Disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement
  4. Disclaim any liability or responsibility for acts, omissions, or conduct by yourself or any party in connection with EL AVISO.COM. EL AVISO.COM entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc… arising from or related to EL AVISO.COM. In no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

CLAIMS & INDEMNITY. Any claims, cause of action, demand, or dispute arising from or related to EL AVISO.COM.  (“Claims”) will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any claims will be exclusively resolved by courts in Los Angeles, CA (except we may seek preliminary or injunctive relief anywhere). You also agree to:

1.)           Submit to the personal jurisdiction of courts in Los Angeles, CA;

2.)           Indemnify and hold EL AVISO.COM. and its entities harmless from any claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and related to your use of EL AVISO.COM.

3.)           Accept liability and responsibility for any claims we may have against you, your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

TRADEMARKS. EL AVISO.COM, and the logo are registered trademarks with the U.S. Patent and Trademark Office.

MISC. This is the exclusive and entire agreement between EL AVISO.COM and yourself, our actions or silence toward you or anyone else does not waive, modify, or limit the T.O.U. or our ability to enforce it. The USE, LIQUIDATED DAMAGES, CLAIMS and INDEMNITY sections survive termination of the T.O.U., and you will remain bound by those sections. If a T.O.U. is deemed unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.

El Aviso.com Privacy Policy (updated June 5, 2018)

This policy details how data about you is used when you access our websites and services or interact with us. If we update it, we will revise the date, place notices on EL AVISO.COM.  if changes are material, and/or obtain your consent as required by law.

1. Protecting your privacy

    We take precautions to prevent unauthorized access to or misuse of data about you.

    We do not share your data with third parties for marketing purposes.

    We do not engage in cross-marketing or link-referral programs.

    We do not employ tracking devices for marketing purposes.

    We do not send you unsolicited communications for marketing purposes.

    We do not engage in affiliate marketing (and prohibit it on EL AVISO.COM.).

    Please review privacy policies of any third party sites linked to from EL AVISO.COM..

2. Data we use to provide, improve our services and combat fraud and abuse:

Data you post on or send via EL AVISO.COM., or send to us directly or via other sites

Credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).

Data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).

Web log data (e.g. web pages viewed, access times, IP address, and HTTP headers).

Data collected via cookies (e.g. search data and “favorites” lists).

Data about your device(s) (e.g. screen size, DOM local storage, and plugins).

Data from third parties (e.g. phone type, geo-location via IP address).

3. Data we store

    We retain data as needed for our business purposes or as required by law.

    We make good faith efforts to store data securely, but make no guarantees.

    You may access and update certain data about you via your account login.

4. Circumstances in which we may disclose user data:

    To vendors and service providers (e.g. payment processors) working on our behalf.

    To respond to subpoenas, search warrants, court orders, or other legal process.

    To protect our rights, property, safety, users of EL AVISO.COM or the general public.

    With your consent (e.g. if you authorize us to share data with other users).

    In connection with a merger, bankruptcy, sale or transfer of assets.

    In aggregate or summary form, where it cannot reasonably be used to identify you.

International Users – By accessing EL AVISO.COM or providing data, you agree that we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States.

Prohibited use

Users must comply with all applicable laws, the El Aviso.com terms of use, and all posted site rules. Below is a partial list of goods, services, and content prohibited on elaviso.com:

No Weapons of any type including firearms, guns and components; BB guns, pellet guns, stun guns, and spear guns; etc…

No ammunitions of any kind, clips, cartridges, reloading materials, gunpowder, fireworks, or any type of explosives or detonation devises.

No offers of sex, including solicitation, or facilitation of any type of prostitution or sex trafficking

No exploitation or endangerment of minor children or any type of child pornography.

No unsafe or recalled items, hazardous materials, body parts or fluids, no un-sanitized bedding or clothing.

No prescription drugs of any kind or medical devices; controlled substances or related items.

No Illegal drugs, alcohol or tobacco; unpackaged or adulterated food or cosmetics.

No pet sales (Pet adoptions are exempted with small adoption fee ok), animal parts or stud service.

No endangered, imperiled or protected species or any parts thereof, e.g. ivory tusks

No false, misleading, deceptive advertisement, fraudulent content, bait and switch or keyword spam.

No offensive, obscene, defamatory, threatening, or malicious postings or email

No personal, identifying, confidential or proprietary information of any type.

No sale or transfer of food stamps, WIC vouchers, SNAP or WIC goods, or any governmental assistance.

No stolen property or property with serial number removed or altered, no burglary tools, etc…

No ID cards, licenses, police insignia, government documents, birth certificates, etc…

No US military items not demilitarized in accord with Defense Department policy.

No counterfeit, replicas, or pirated items; tickets or gift cards with restricted transfer.

No lottery tickets, raffle tickets, sweepstakes entries, slot machines or gambling items.

No spam, mis-categorized, over-posted, cross-posted, or nonlocal content.

No postings or emails with the primary purpose to drive traffic to another website.

No postings or emails offering, promoting, or linking to unsolicited products or services.

No affiliate marketing; network, multi-level marketing or pyramid schemes.

No goods, services, or content that violates the law or legal rights of others.

Please don’t use elaviso.com for these purposes, and flag anyone else you see doing so.

Thank you for maintaining elaviso.com a safe environment for everyone to enjoy.

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