You agree to refrain from any of the following actions while using the Site:
disclosure of any personal or identifying information about another person without that person’s consent;
take any action that is unlawful, defamatory, libelous, invasive of another's privacy, or harmful to minors;
harass, stalk, intimidate, threaten or cause distress or discomfort upon another user, individual or entity;
impersonate any person or entity;
post information that is false or misleading;
transmit or post any information that is racially or ethnically hateful or otherwise objectionable;
infringe the intellectual property rights or similar rights of any party, including but not limited to copyrights or trademarks, of any person or entity;
discriminate on the basis of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or make reference to such characteristics in any manner prohibited by law;
post advertising or other content in categories that are not appropriate, or posting the same item or service in more than two categories within the same seven day period;
post advertising for products or services which are prohibited by law or regulation
Real Estate and Rental Housing
All real estate advertising is subject to both federal and state fair housing and discrimination laws. These laws prohibit the discrimination in the sale, rental and financing of housing, and FOGSTER will not knowingly accept advertising that violates these laws. Any ads that violate these discrimination laws will be removed from the Site.
If you believe that any of the postings or content of FOGSTER has been used in any way that constitutes copyright infringement, or if your intellectual property rights have been otherwise violated, please notify FOGSTER immediately through e-mail or by letter to FOGSTER, 450 Cambridge, Palo Alto, CA 94306.
Please provide the following information:
Your identity, address, telephone number and e-mail address;
The identity of the copyright owner;
A description of the copyright violation;
The URL or other detail that allows us to locate the infringing content on the Site;
A signed statement declaring under penalty of perjury that a) you are the owner of the copyright covering the infringing content or are authorized to act on behalf of the owner, and b) that to the best of your knowledge the use of the copyrighted work has not been authorized by the copyright owner.
FOGSTER will follow the procedures in the Digital Millenium Copyright Act (DMCA) in removing the infringing posting.
Termination of Access
Relationship with Third Parties
You acknowledge and agree that FOGSTER shall not be responsible or liable for any damage of any kind that occurs to you as a result of your dealings with another user of the Site. Your dealings with such third parties, including but not limited to agreements or understandings regarding any warranties or representations, terms or conditions, are solely between you and the other party. FOGSTER is under no obligation to become involved in any disputes that may arise between you and other users of the Site or any other third parties.
Disclaimer of Warranties
YOU AGREE THAT USE OF THE FOGSTER SITE IS ENTIRELY AT YOUR OWN RISK. FOGSTER SHALL NOT BE RESPONSIBLE FOR ANY CONTENT PROVIDED ON THE SITE BY OTHERS. FOGSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FOGSTER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FOGSTER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability
IN NO EVENT SHALL FOGSTER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OWNERS, AGENTS, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (1) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE, (2) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR (3) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE.
THESE LIMITATIONS OF LIABILITY APPLY EVEN IF FOGSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE. YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
In some jurisdiction, limitations of liability are not permitted, in which case some of the foregoing limitation may not apply to you.