3PK, Inc (3PK) Agreement (“Agreement”) – Terms and Conditions of Use
Terms apply to all websites owned by 3PK, LLC including:
Important and Required Notice – Please Read This Agreement Carefully By Using this Website, You Agree to Be Bound by this Agreement
- a. For the benefit of our subscribers and clients (collectively, “You”, “Users”, “Subscribers” or “Clients”), 3-PK.com (“3PK” or “We”) 3PK strives to expect and require a high standard of conduct by those who utilize the 3PK website (“Website”). By using this service and Website (“Services”) in any way, you (“You”) acknowledge that You have read, understand and agree to comply with and be bound by this Agreement, which may change from time to time due to the continual evolution of the Internet, as posted on the Website (without any requirement of individual notices). If You do not wish to be bound by this Agreement, simply discontinue use of the Web site. If you have any questions whatsoever about this Agreement, please contact our Support Team.
- b. Content, for the purpose of this Agreement, includes all content posted, linked to; linked from or initiated in any way by You accessing this Website or websites/technology linked to this Website initiated by information from this Website.
- c. As a way to deter non-compliance, failure to comply could result in you being responsible for significant expenses, including attorneys’ fees as described below.
2. Content Requirements and Prohibited Material
Information posted to or linked to this WebSite must comply with the following:
- a. All sites and consent must be G-Rated/family friendly.
- b. Illegal or unethical information, either posted/linked is prohibited.
- c. Prohibited content/intent includes, but is not limited to: unlawful; fraudulent; threatening; harmful; abusive; libelous; defamatory; offensive material (items that promote hatred, violence, racism, or intolerance); obscene language or images; vulgar; pornographic; profane or indecent information; sexually explicit material; foul or violent language; adult material, advertising or content; dating relationship type ads; or similar objectionable content of any kind.
- d. Prohibited content includes, but is not limited to: copyright or trademark infringing goods or services; counterfeit or knock-off goods (including currency and stamps); fireworks, explosives and hazardous materials; hacking/surveillance/interception/descrambling equipment; human parts, bodily fluids and human remains; goods made from protected animal/plant species; illegal drugs, drug paraphernalia, steroids, and other controlled substances; stolen property or items used for theft; weapons and ammunition; the sale of alcohol; the sale of tobacco products; forged information or misleading users and the public; stalking another and storing personal data of other Users, political advertisements. This prohibition includes intentionally misspelled words.
- e. Prohibited actions include, but are not limited to: 1) alter, inhibit, damage or delete any 3PK or any other party’s content; 2) use of other communications that interfere in any way with our Website or the websites of our Subscribers or Clients or other technology or communication devices; 3) access to or use of any information of others; 4) sending or instigating unsolicited email/advertisements or spamming of any kind to 3PK email addresses or through 3PK or other user computer systems; viruses or similar inhibitors; unsolicited “junk mail” such as “spam,” “chain letters, “pyramid schemes,”, etc.
- f. You are solely responsible for the knowledge of and adherence to any and all Federal, state and local laws, statutes, rules and regulations, including, but not limited to the Internet and Ads.
- g. Ad posted in the section called In Memory Of:
- i. In Memory Of Ads are strictly limited to a person that has died prior to the posting date of the ad.
- ii. Negative language towards the person the In Memory Of Ad is dedicated to, a family member or friend is strictly prohibited.
- iii. The subscriber of the In Memory Of Ad shall be responsible for insuring ad content complies with the 3PK site use terms.
- iv. 3PK reserves the right to remove any controversial ads or content without prior notice,
- v. Multiple ads per deceased person are allowed.
- h. Users agree to post unique ads, ads that repeat the same information more than one time are not allowed.
If you are uncertain whether your decision will be in compliance or have any questions whatsoever about this Agreement,
please contact our Support Team.
3PK retains the right to remove or block any content and block member usage under its sole discretion.
4. Purpose of the Site/Responsibility for Content, Hardware and Access
Our site is designed to post and view ads and official notices for the benefit of people, companies non-profits and communities. 3PK acts as an online classified ad placement service for Users to locate people to buy from, sell to, and negotiate the exchange of goods and services. We do not own or handle any of the goods and services listed on the Website. As a result, 3PK cannot verify or endorse the quality, safety, or legality of the items listed, or the truth or accuracy of the classified ads. The sole responsibility of all ads, listings, messages, text, images, or other materials posted on, transmitted through, or linked from 3PK, lies upon the person from whom the content originated. You agree that you are entirely responsible for any content that you post, email or in other ways make available through 3PK. 3PK cannot be responsible for the content of the ad or the quality of the products/services or any losses, damages or claims whatsoever. It is important that you take the same care of exchanging information and transacting business as a careful and prudent person would in other circumstances. You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access our Website and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing our Website.
5. Posting Categories and Language
- a. All postings must fit into the category in which the ad or notice is being placed (for example; a posting for bedroom furniture cannot be placed in the used car section).
- c. The Free Ad and Bargain Ad sections are exclusively for free or under $50 used items. Business related items must be posted in the Business Ad Section which requires a current Business Ad subscription.
6. Termination of Ads, Access, Change/Maintenance of the Website
- a. 3PK reserves the right, in its sole discretion and without notice, to determine compliance with this Agreement, pull ads, block user access to posting, or cancel accounts. If it later is found that no violation existed, You will be provided a credit for Services. If You are in non-compliance with this Agreement, You will forfeit your fees and subject yourself to the remedies described in this Agreement. You agree that 3PK may error on the side carefulness in this regard for the benefit all parties (this is why it important to include an e-mail address on your registration so that 3PK can do its best to provide notifications).
- b. 3PK may change the operation of the Website without notice and terminate access to Subscribers or Advertisers, in the event of a suspected violation of this Agreement,
- c. Maintenance & Downtime
From time to time, 3PK will conduct scheduled maintenance. As a result, you may experience temporary downtime that may prevent you from being able to use our site and/or some of our Services. Occasionally, these delays are necessary in order for us to update our database and improve our Services. We will do our best to keep these periods brief, providing advance notice whenever possible. 3PK does not warrant continuous, uninterrupted access to the Website.
7. Intellectual Property Rights
You hereby acknowledge that our Website permits access to 3PK by individuals, third-parties, users, companies and advertisers with content that is protected by including intellectual property rights, including copyrights, trademarks, and other proprietary rights, hereinafter “Intellectual Property Rights,” and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and your use of this content shall be governed by applicable intellectual property laws. You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the content of the 3PK site, in whole or in part.
8. No Warranty for Content/Acceptance of Risk
- a. Please use your best judgment in evaluating all information contained or opinions expressed on the Website. You acknowledge that 3PK does not pre-screen or approve content, but that 3PK shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service, for violating the Terms or for any other reason.
- b. It is the policy of our Website not to endorse or oppose any opinion expressed by a User or content provided by a User, Contributor, or other independent party. You expressly agree that your use of our Website is at your sole risk. Neither 3PK, its directors, officers, employees, agents, contractors, affiliates, licensors or other suppliers providing content, data, information or services provides any warranty whatsoever.
- c. 3PK disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on 3PK websites. 3PK disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. 3PK disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the 3PK Websites.
- d. YOU AGREE THAT YOUR USE OF 3PK AND OUR SERVICES IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY 3PK ON AN “AS IS” AND “AS AVAILABLE” BASIS. 3PK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
- e. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 3PK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3PK DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM 3PK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 3PK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
- f. YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH 3PK OR OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3PK OR THROUGH OR FROM THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- g. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights which vary from state to state.
9. Dealings With Organizations and Individuals
Your interactions with organizations (including advertisers) and/or individuals found on or through the Content and Service of 3PK are solely between you and such organizations and/or individuals. You agree that 3PK shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that 3PK is under no obligation to become involved. In the event that You have a dispute with one or more other users, you hereby release 3PK, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service.
10. Limitation of Liability
Under no circumstances shall 3PK, its subsidiary and parent companies, or affiliates, assigns, contractors, or their respective directors, officers, employees, agents, contractors, or licensors, be liable for any damages, including, direct, indirect, incidental, special or consequential damages under or arising from this Agreement, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, including without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, act, omission, interruption, electrical surge, damage, interference, deletion, defect, delay in operation or transmission, computer virus, communications line failure, breakdown of equipment, software error, infringement, unauthorized access to, or theft, destruction, alteration, or use of, records, or be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained link to or linked from the 3PK Website. In no event shall the cumulative liability of 3PK be greater than the amount of any users fees paid. You understand and acknowledge that this limitation of liability is a condition of the acceptance of use and is fair and reasonable based on the price of the Services.
You agree to indemnify and hold 3PK its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, contractors, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of our Web site or any Internet site linked to or from our Web site, or in connection with the transmission of any Content on our Web site.
- a. Entire Agreement. This Agreement comprises the entire agreement between 3PK and You, and supersedes any prior agreements with respect to the subject matter herein. 3PK may revise this Agreement, Website or any other policy at any time, without notice and such revision, depending on the sense of urgency may be effective immediately. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to You, You must discontinue accessing our Website. Your continued accessing and use of our Website following notice of any such revision shall conclusively be deemed acceptance of all such revisions.
- b. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
- c. Proprietary Information. All content included on this website is the property of 3PK and is protected by United States and international copyright laws. You may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site.
- d. Governing Law. If there is any dispute about or involving the 3PK, you agree that the dispute will be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions.
- e. Taxes, Customs and Duties: You shall pay all sales and use taxes, customs/duty fees that are lawfully imposed by any governmental authority in the United States.
- f. Force Majeure: Neither Party will be responsible for delays or suspension of performance caused by acts of God or governmental authority, acts or threatened acts of terror, acts of war, fires or other loss of production facilities, or other causes beyond the reasonable control, and not the result of the fault or neglect of that Party.
- g. Non-Waiver: Failure of User to insist upon strict performance of any of the terms and conditions herein shall not be deemed a waiver of any rights or remedies that User shall have and shall not be deemed a waiver of any subsequent default of the terms and conditions hereof.
- h. Severability: If any provision of this Agreement shall be declared illegal, void, or otherwise unenforceable, the remaining provisions shall remain in full force and effect.
- i. Assignment: Neither party may assign any rights, or delegate any duties, under this Agreement without first obtaining written consent from the other party, which shall not be unreasonably withheld; provided that consent is hereby given to (a) an assignment to any corporation with which either party may merge or consolidate or which may succeed to its business, and (b) an assignment to a subsidiary or affiliate of Buyer. Any permitted assignment hereunder will be binding upon assigns or successors. The parties hereby expressly agree that any remaining portion of any and all warranties provided by Seller hereunder is assignable by Buyer to any third party that purchases such goods from Buyer.
To use certain features of the Service, you will need a username and password, which you will receive through the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. 3PK, in the event that it suspects that information provided is untrue, can terminate use of the Services, immediately without notice. 3PK cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
15. Activating Account and Account Protection
To activate this site, you need to read and check a box that you have read and agree to be bound by this Agreement and penalties/expenses for non-compliance. Checking the Acknowledgement Box, accessing or using this website, demonstrates acceptance of this Agreement. Access to post information on the 3PK site is only available to members. Members are prohibited from allowing non-members access to their account and from posting information from a non-member. If a member password is compromised allowing use by a non-member, the member shall immediately change the password and remove any unauthorized non-member postings. This in no way shall prevent 3PK from using available remedies to stop and remove prohibited non-member ad postings, including remedies stated in Section 3 above. All members will be responsible for others using their password or computer and shall be bound by these rules.
3PK is committed to safeguarding individual and corporate privacy on our website; we operate under a strict set of privacy principles:
- The only information 3PK obtains about visitors to its website is information voluntarily supplied by visitors.
- In cases when 3PK may need personal information to provide visitors with services tailored especially for them, or to inform them about new features or services, visitors are explicitly asked for that information.
- 3PK will not disclose any personally identifiable information provided by members (name, email or home address) to anyone outside of the site.
- 3PK employs strict security measures to safeguard online transactions; personal information is stored in a secured database and always sent via an encrypted channel.
- Users may unsubscribe at any time to any of our electronic communications by following the instructions contained within the email.
- 3PK maintains a strict “no-spam” policy. Your information, including your email address will not be sold to any third party. If you sign up for email, you will receive only the email you have requested.
- Occasionally, 3PK conducts user surveys to improve site features and customer service. We never share any information about specific individuals with any third parties.
- 3PK will never encourage children to use the Website without parental supervision and will never market our products or services to directly to children.
- 3PK reserves the right to transfer Your information in the event we sell or transfer all or a portion of our business or assets to a third party acquirer.
How to Reach Us:
17. Questions on Privacy
If You have any questions about the privacy practices of 3PK or your dealings with 3PK, You can contact through the feedback form located on the Website.
18. Credit Cards
You will be asked to enter a credit card to register on the 3PK site The online payment transaction will take place through a secure internet payment gateway. 3PK must confirm that your credit card number and sign-up information is valid. Your credit card information is not kept on the 3PK server.