Terms & Conditions
VolusiaClassifieds.com Connects Service Seekers and Service Providers
VolusiaClassifieds.com is an internet platform which provides a forum which connects individuals and companies, (including limited liability companies, corporations, sole proprietorships, and/or their affiliates, subsidiaries, members, stockholders, officers, directors, co-venturers). seeking to obtain services (“Service Seekers”) and/or individuals and companies, (including limited liability companies, corporations, sole proprietorships, and/or their affiliates, subsidiaries, members, stockholders, officers, directors, co-venturers) seeking to provide task services (“Service Providers”), by way of ads placed on the Platform. Service Seekers and Service Providers together are hereinafter referred to as “Users.” Those certain services requested by the Service Seekers, which are to be completed by the Service Providers are hereinafter referred to as “Service Jobs”.
seabreezeclassifieds.com is only a venue.
VolusiaClassifieds.com offers an advertising platform for enabling connections between Users. Seabreeze Classifieds, LLC does not take part in the interaction between Users. Seabreeze Classifieds, LLC does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Product or Service provided by site users, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Seabreeze Classifieds,LLC does not have control over the quality, timing or legality of Service Jobs delivered by its Service Providers. Seabreeze Classifieds, LLC makes no representations about the suitability, reliability, timeliness, or accuracy of the information requested and provided by Users identified through the Platform whether in public, private, or offline interactions. Seabreeze Classifieds, LLC does not assume any responsibility for the accuracy or reliability of this information or any information on the Platform.
Company does not perform background checks of Users. Company is not required to do so and cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Seabreeze Classifieds Platform, including representations as to Veterans Status. Seabreeze Classifieds, LLC does provide a link to a third party service for the Users to conduct background checks at their sole discretion and expense. Users who register on the VolusiaClassifieds.com website are also agreeing to receive email correspondence from Seabreeze Classifieds LLC.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE Seabreeze Classifieds PLATFORM AND YOU HEREBY RELEASE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE Seabreeze Classifieds PLATFORM.
Users of the Platform contract for Service Jobs directly with other Users. Seabreeze Classifieds, LLC will not be a party to any contracts for Service Jobs. Seabreeze Classifieds, LLC facilitates these contracts by supplying a forum where Users can locate each other through advertising. All billing transactions and payments are between the site users directly.
Seabreeze Classifieds, LLC expressly disclaims any liability that may arise between Users of its Platform.
Without limitation, you may not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- Use the Platform for any purpose which is in violation of local, state, national, or international law.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
- Advertise or offer to sell any goods or services for any commercial purpose on the Platform which are not relevant to the posted information.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments.
- Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Platform.
- Restrict or inhibit any other User from using and enjoying the Public Areas.
- Imply or state that any statements you make are endorsed by Seabreeze Classifieds, LLC without the prior written consent of Seabreeze Classifieds, LLC.
- Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index VolusiaClassifieds.com in any manner.
- Hack or interfere with VolusiaClassifieds.com, its servers or any connected networks.
- Adapt, alter, license, sublicense or translate VolusiaClassifieds.com for your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Seabreeze Classifieds, LLC.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates,
- endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
Account, Password and Security
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Seabreeze Classifieds, LLC for accessing the Seabreeze Classifieds Platform. You are solely and fully responsible for all activities that occur under your password or account. Seabreeze Classifieds, LLC has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Seabreeze Classifieds, LLC immediately.
Links to Other Web Sites
- Links (such as hyperlinks) from VolusiaClassifieds.com to other sites on the Web do not constitute the endorsement by Seabreeze Classifieds, LLC of those sites or their content. Such links are provided as an information service, for reference and convenience only. Seabreeze Classifieds, LLC does not control any such sites, and is not responsible for their content. The existence of links on the Platform to such websites (including without limitation external websites that are framed by the Seabreeze Classifieds Platform as well as any advertisements displayed in connection therewith) does not mean that Seabreeze Classifieds, LLC endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
No Commercial Use or Solicitation
- The Platform may be used for your personal, non-commercial use only; you may not use the Platform in connection with any commercial endeavors whatsoever without the express prior written consent of Seabreeze Classifieds, LLC.
- Without limitation, the Platform may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Service Jobs facilitated through Seabreeze Classifieds, LLC without express written permission from Seabreeze Classifieds, LLC.
- You may not use the Platform to collect usernames and/or email addresses of members by electronic or other means without the express prior written consent of Seabreeze Classifieds, LLC.
- “Your Information” is defined as any information and materials you provide to Seabreeze Classifieds, LLC or other Users in connection with your registration for and use of the Platform, including without limitation ads that are posted or transmitted for use. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant to Seabreeze Classifieds, LLC that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Seabreeze Classifieds, LLC or cause Seabreeze Classifieds, LLC to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
- Solely to enable Seabreeze Classifieds, LLC to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known.
Termination and Suspension
- Seabreeze Classifieds, LLC may terminate or suspend your right to use the Platform at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
- Without limitation, Seabreeze Classifieds LLC may terminate or suspend your right to use the Platform if you breach any term of this Agreement or any policy of Seabreeze Classifieds LLC posted on the Platform from time to time, or if Seabreeze Classifieds LLC otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Seabreeze Classifieds LLC terminates or suspends your right to use the Platform for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, Seabreeze Classifieds LLC reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- Even after your right to use the Platform is terminated or suspended, this Agreement will remain enforceable against you.
- You may terminate this Agreement at any time by ceasing all use of the Platform. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Intellectual Property Rights
- All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that users see or read on the Platform is owned by Seabreeze Classifieds LLC or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Seabreeze Classifieds, LLC owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without Seabreeze Classifieds, LLC’s express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Seabreeze Classifieds, LLC and/or the relevant right holder.
- The service marks and trademarks of Seabreeze Classifieds, LLC, including without limitation VolusiaClassifieds.com and the Seabreeze Classifieds logo are service marks owned by Seabreeze Classifieds, LLC. Any other trademarks, service marks, logos and/or trade names appearing on the Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Copyright Complaints and Copyright Agent
- Seabreeze Classifieds, LLC respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Service infringe upon your copyrights, please send the following information to Seabreeze Classifieds, LLC at:
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Platform where the material you claim is infringed is located. Include enough information to allow Seabreeze Classifieds, LLC to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists
- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Modifications to the Service
- Seabreeze Classifieds, LLC reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Platform or any content or information on the Platform with or without notice. Seabreeze Classifieds, LLC will not be liable to any party for any modification or discontinuance of the Platform.
- You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Seabreeze Classifieds, LLC and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Seabreeze Classifieds, LLC in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Seabreeze Classifieds, LLC upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Seabreeze Classifieds, LLC’s trade secrets, confidential and proprietary information and all other information and data of Seabreeze Classifieds, LLC that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering,
- hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Disclaimer of Warranties
- USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
- THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR/INTENDED PURPOSE, GOOD AND WORKMANLIKE PERFORMANCE, AND NON-INFRINGEMENT
- WITHOUT LIMITING THE FOREGOING, NEITHER Seabreeze Classifieds, LLC NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY OR PLATFORM, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM.
- NEITHER Seabreeze Classifieds, LLC, NOR ITS AFFILIATES OR LICENSORS, IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM.
- NEITHER Seabreeze Classifieds, LLC, NOR ITS AFFILIATES OR LICENSORS, IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN Service Providers, Service Seekers, OR Service Providers AND Service Seekers.
- Seabreeze Classifieds, LLC AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
- YOU AGREE NOT TO HOLD Seabreeze Classifieds, LLC, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY Seabreeze Classifieds, LLC OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
- UNDER NO CIRCUMSTANCES WILL Seabreeze Classifieds, LLC, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT Seabreeze Classifieds, LLC OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO Seabreeze Classifieds, LLC DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
- You hereby agree to indemnify, defend, and hold harmless Seabreeze Classifieds LLC, its directors, officers, employees, agents, licensors, attorneys, independent Service Providers, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with your use or inability to use the Platform, and/or your performance of a Service Job. Seabreeze Classifieds LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Seabreeze Classifieds, LLC
Dispute Resolution and Governing Law
- To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Seabreeze Classifieds, LLC agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) through mediation at least thirty (30) days before initiating any arbitration or court proceeding. Such mediation shall occur in Marion County, Florida, by a mediator of Seabreeze Classifieds Inc’s choice. Each party shall bear its own mediation costs. If a User has a dispute, controversy or claim against, Seabreeze Classifieds, LLC stemming from this agreement, the Platform, or a service, the User must give written notification to Seabreeze Classifieds, LLC at the following address:
- Binding Arbitration. If you and Seabreeze Classifieds, LLC are unable to resolve a Dispute through mediation, either you or Seabreeze Classifieds, LLC may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement
- you and Seabreeze Classifieds, LLC may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
If neither party elects Arbitration, then each party agrees to waive its right to a jury trial
- Exceptions to Alternative Dispute Resolution. You and Seabreeze Classifieds, LLC agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Seabreeze Classifieds, LLC’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
- You and Seabreeze Classifieds, LLC agree that any arbitration will be limited to the Dispute between Seabreeze Classifieds, LLC and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Arbitration will take place in Marion County, Florida. You and Seabreeze Classifieds, LLC agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Florida state and Federal courts located in Ocala, Florida have exclusive jurisdiction and you and Seabreeze Classifieds, LLC agree to submit to the personal jurisdiction of such courts.
- Governing Law. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of Florida, without regard to choice of law principles.
- You and Seabreeze Classifieds, LLC agree that if any portion of this section entitled “Dispute Resolution and Governing Law” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” is found to be illegal or unenforceable, neither you nor Seabreeze Classifieds, LLC will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Ocala, Florida and you and Seabreeze Classifieds, LLC agree to submit to the personal jurisdiction of that court.
- Seabreeze Classifieds LLC may from time to time provide certain promotional opportunities to Users. All promotions will be run at the sole discretion of Seabreeze Classifieds, LLC, and can be activated, modified or removed at anytime by Seabreeze Classifieds LLC without advance notification. You agree to receive email from Seabreeze Classifieds when you signup as a Member.
- No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship exists between Seabreeze Classifieds, LLC and User by way of conduct or this Agreement.
- Failure by Seabreeze Classifieds, LLC to enforce any provision(s) of this User Agreement will not be construed as a waiver of any provision or right. The Agreement will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Seabreeze Classifieds, LLC with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Seabreeze Classifieds, LLC, its successors and assign
Changes to this Agreement and Service