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,
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
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.
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.
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.
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
(C) Misrepresenting your identity or
affiliation to anyone in connection with your use of EL AVISO.COM is $1,000 per
(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.
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
(I) Abusing or attempting to abuse EL
AVISO.COM.’s flagging or reporting processes is $1 per violation.
(J) Distributing any software to
(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.
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
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.
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”):
- Make no promises, warranties, or representations
as to EL AVISO.COM, including its completeness, accuracy, availability,
timeliness, propriety, security or reliability;
- Provide EL AVISO.COM on an “AS IS” and
“AS AVAILABLE” basis any risk of using EL AVISO.COM is assumed by you.
- Disclaim all warranties, express or implied, including
as to accuracy, merchantability, fitness for a particular purpose, and
- 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.
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
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.
AVISO.COM, and the logo are registered trademarks with the U.S. Patent and
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
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.).
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
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
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
Users must comply with all applicable laws, the El Aviso.com
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
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
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
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.