SMS/TEXT MESSAGING TERMS AND CONDITIONS

FOR

CLASSIFIED CONCEPTS 

1 ACCEPTANCE OF TERMS

1.1 The SMS/Text Messaging and web applications (“Applications”) and services (“Services”) provided by Classified Concepts, a division of Maps.com (the “Provider” or “we”) to you (“you” or “user”) are subject exclusively to these Terms and Conditions. By using the Applications and Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Classified Concepts Applications and Services.

1.2  We reserve the right to update or amend these Terms and Conditions at any time and your continued use of these Applications and Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2 PRIVACY POLICY

We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United States. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for rent or sale to third parties.

3 USER ACCOUNT, PASSWORD AND SECURITY

If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will Classified Concepts be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder and Classified Concepts.

4 ACCEPTABLE USE

You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the entity from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Application/Services you may be exposed to Content that is inaccurate. Classified Concepts will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Application/Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

5 TERMINATION

We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Application/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Application/Services.

6 LINKS TO THIRD PARTY WEBSITES

The Application/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Classified Concepts is not responsible for the content or availability of any such sites.

7 INTERNATIONAL USE

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

8 INTELLECTUAL PROPERTY RIGHTS

8.1 The Application and its content (including without limitation the Application design, text, graphics and all software and source codes connected with the Application and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Application, you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder and Classified Concepts if different. This excludes the downloading, copying and/or printing of pages of the Application for personal, non-commercial home use only.

9 INDEMNITY

You agree to indemnify and hold Classified Concepts harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Classified Concepts by any third party arising out of your use of the Application, Services and/or any Content submitted, posted or transmitted through the Application/Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Classified Concepts in consequence of your breach of these Terms and Conditions.

10 DISCLAIMERS AND LIMITATION OF LIABILITY

10.1  Use of the Application/Services is at your own risk. The Application/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

10.2   To the extent permitted by law, Classified Concepts will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Application/Services.

10.3   Classified Concepts makes no warranty that the Application/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Application/Services will be uninterrupted or error free, that defects will be corrected or that the Application/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

 10.4 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

11 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

12 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of the United States and you hereby submit to the exclusive jurisdiction of United States courts.

13 MOBILE TERMS AND CONDITIONS

13.1 SHORTCODE: 52732

13.2 PROGRAM DESCRIPTION: Newspaper Classified Query Service.

13.3 FREQUENCY OF ALERTS: 1 out per 1 message in.

13.4 PRICING: There is no direct cost from Classified Concepts to the end user for use of our mobile service. However, other charges may apply as indicated by your carrier, such as standard text message charges.

13.5 CONTACT: 1-800-929-4627

13.6 MOBILE USER OPT-IN/OPT-OUT
Classified Concepts mobile provides a text messaging query service. By texting any keywords to 52732, you agree to receive a text message back from Classified Concepts. You also agree to receive information from the advertising agent originating the information you requested.

13.7 MOBILE USER PRIVACY
We will never rent or sell your email or cell phone number to any third party not associated directly with the Service. By requesting information from Classified Concepts, you are agreeing (opting in) to receive SMS messages specific to the SMS service. Classified Concepts may share your email or phone number with affiliated parties providing original data you have specifically requested through our Application or Service. Your wireless carrier and other service providers also collect data about your SMS usage, and their practices are governed by their own privacy policies.

13.8 MOBILE USER FEES
Classified Concepts does not charge users fees to send or receive text messages. However, other charges may apply as indicated by your carrier, such as standard text message charges.

13.9 MOBILE HELP
To get help, text "HELP" to 52732 or email customerservice@maps.com

13.10 MOBILE CARRIERS SUPPORTED
AT&T, Sprint, T-Mobile, Verizon Wireless, Alltel, Virgin Mobile, Cellular South, Boost Mobile, Cincinnati Bell, Midwest Wireless, Suncom, US Cellular Corp., Rural Cellular Corp., and the East Kentucky Network.

13.11 MOBILE WARRANTY
Classified Concepts and Maps.com will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.

13.12 MOBILE PRIVACY POLICY
Classified Concepts respects your privacy. We will use information you provide to transmit your email or text message. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Application or Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Application/Service and pursue any appropriate legal remedies.

PRIVACY POLICY

Classified Concepts is deeply committed to protecting the privacy of its users. Below is information outlining our continued support for the responsible management of user information.

Information that we collect and how we use it

Classified Concepts respects your privacy. We will use information you provide to transmit your email or text message. We will never rent or sell your email or cell phone number to any third party not associated directly with the Service. By requesting information from Classified Concepts, you are agreeing (opting in) to receive SMS messages specific to the SMS service. Classified Concepts may share your email or phone number with affiliated parties you have specifically engaged through our Application or Service. Your wireless carrier and other service providers also collect data about your SMS and email usage, and their practices are governed by their own privacy policies. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

Cookies and Opt Out

Like most Internet sites, Classified Concepts and its third party ad serving party use "cookies" to enhance the Internet user's experience on the Web. Neither Classified Concepts nor such third party ad serving party uses these cookies to personally identify you in any way, and these cookies in no way damage your system or files.

What are cookies and how do they enhance your Web experience? A cookie is a unique number (which in no way includes information such as your name, address, email address or telephone number) that is assigned to you the first time you are served an ad. This number is stored in a file on your computer. For instance, cookies help ensure that you don't repeatedly see the same ad. Cookies can also help advertisers measure how you utilize an advertiser's site and the effectiveness of an ad. This information can then be used by advertisers to better cater to your needs. In other words, cookies help us deliver to you the types of ads in which you are more interested.

Although we believe that cookies help enhance your experience on the Web (by not repeatedly serving the same ads to you and delivering more relevant messages to you), neither Classified Concepts nor its third party ad serving party needs cookies to deliver ads to you.

If you do not want the benefits of cookies, there is a simple procedure that allows you to deny or accept this feature. In order to "opt out" of the benefits of cookies, you may either manually delete your cookies by following the instructions contained in the Help section of your internet browser.

Terms of Use

Your access to and use of Classified Concepts’ Application and Services is subject to our Terms and Conditions. You will not use the Application/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Application/Services you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Classified Concepts Application/Services.