Terms of Use

1. Acceptance of Contract Terms

ValleyFree, Inc. provides internet content and services including but not limited to: electronic publications, both free of charge and fee-based interactive classified ads, event calendars, discussion forums, and email services, referred hereafter collectively as the "Site."

The following are terms of a legal agreement between you and ValleyFree, Inc., its subsidiaries and affiliates (hereinafter collectively referred to as "ValleyFree, Inc."). By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including but not limited to United States Copyright and Trademark law and international treaties. This Site is controlled and operated by ValleyFree, Inc. from its offices within the United States. ValleyFree, Inc. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal are prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You agree that you are at least 18 years of age and legally able to enter a binding contract. If you are under 18 or otherwise unable to be bound by this contract under applicable law, you must not use this Site. If you represent a business entity, you represent that you have the authority to bind the entity to this agreement.

2. Content

You are solely responsible for content you submit to the Site. ValleyFree, Inc. does not pre-screen or retain any obligation to monitor content on the Site. You may be exposed to content that is false, offensive, illegal, or otherwise objectionable, and you should use common sense and caution in connection with content obtained from the Site. ValleyFree, Inc. makes no warranty or endorsement as to the accuracy, authenticity, completeness, or legality or any content on the Site, and shall not be liable in any way for said content or your use of it. Furthermore, ValleyFree, Inc. reserves the right (but not the obligation) to monitor, move, refuse, and delete any content, for any reason, at our sole discretion, immediately and without notice, and shall not be liable for the removal, relocation, failure to store, or failure to make said content available on the Site.

You agree not to post, email, or otherwise make available through the Site any content that:

is unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, threatening, abusive, hateful, invasive of privacy or publicity rights, or is otherwise objectionable or would give rise to any civil or criminal liability or violates any law
is false, deceptive, fraudulent, or misleading
infringes on any copyright, patent, trademark, trade secret or other intellectual property rights
promotes unsolicited products or services, or constitutes "spam," "junk mail," "chain letters," or "pyramid schemes"
is "off-topic" or otherwise inappropriate to the area or category in which it is contained
constitutes a "repeat post" or duplicate content within an area or category
advertises or promotes commercial products or services in areas or categories not designated for such purposes, including discussion forums
advertises employment opportunities in any area other than our designated "Jobs" category
contains any virus, worm, Trojan horse, key logger, or other computer code that may impair the functionality of any computer system or intercept unauthorized information
impersonates any individual or party, including but not limited to any ValleyFree, Inc. user or personnel, or in any way deceptively claims an identity that is not your own, except for the use of anonymous identities not intended to masquerade as any other known identity
contains private or sensitive information about any individual or group without their consent
is hateful, harassing, or derogatory towards an individual or group on the basis of race, religion, gender, sexuality, age, or disability

3. Conduct

You agree not to engage in the following forms of conduct:

Interfering with any other party's ability to use the Site, or in any way impairing the intended functionality of the Site, including but not limited to: posting an excess quantity of content ("flooding,") placing an excessive burden on ValleyFree, Inc. servers ("denial of service attacks,") posting deliberately inflammatory content intended to bait response or disturb a normal flow of communication ("trolling,") attempting to obtain user passwords or other sensitive information, or using optical character recognition to circumvent "verification codes"
Using the Site or its services in any way to send unsolicited communications regarding commercial products or services to users of the Site or any other party ("spam")
Collecting or harvesting email addresses or other identifying information about individuals using the Site
Responding to multiple posts on the Site or contacting multiple Site users with duplicate content
Using our "email post" or "email clipboard" features to promote an ad or event (these features are intended only to allow you to make reference copies for personal use)
Using any kind of automated program, "robot," or "spider" to access the Site except in accordance with our robots.txt file and all other terms of this agreement
Attempting to disguise or conceal the origin of content or network traffic sent to the Site
Attempting to gain access to unauthorized areas of the Site or ValleyFree, Inc. hardware or software systems
Attempting to reverse engineer, decompile, or otherwise obtain source code for the Site or server configuration information
Conduct prohibited by the acceptable use policy of our internet service provider(s):

Server Matrix Acceptable Use Policy: http://www.servermatrix.com/aup.html
Authorize.Net Acceptable Use Guidelines: http://www.authorizenet.com/company/use.php

4. Rights and Restrictions

Copyright Ownership

The copyright in all material provided on this Site is held by ValleyFree, Inc. or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ValleyFree, Inc. or the copyright owner.

Permission is granted to display, copy, and download materials on the Site for personal, non-commercial use only, provided you do not modify or distribute the materials or use them for derivative works, that you retain all copyright and other proprietary notices contained in the materials, and are not violating any other terms of this agreement, including without limitation terms regarding the use of automated programs ("robots") and the collection of information from the service as expressed in our rules of conduct. You also may not, without ValleyFree, Inc.'s permission, "mirror" any material contained on this Site on any other server.

Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of ValleyFree, Inc. and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. ValleyFree, Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including both ValleyFree, Inc.'s and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. ValleyFree, Inc. prohibits use of any ValleyFree, Inc. trademark, service mark, or logo as a "hot" link to any other web site unless establishment of such link is approved in advance by ValleyFree, Inc. in writing. A partial list of ValleyFree, Inc. Trademarks follows: ValleyFree™.

5. Limitations

ValleyFree, Inc. may at its sole discretion impose arbitrary limits on your access to the Site, or the size, quantity, or storage duration of content you submit to the Site, and may interrupt or discontinue service to you without notice, based on any criteria, including but not limited to your email address, domain, or IP address. ValleyFree shall not be liable to you or any third party for any discontinuation or unavailability of the Site, whole or in part, either intentionally or otherwise.

6. Fees and Paid Services

We charge fees for certain services offered on the Site, specifically for posting an ad in our "Jobs" category. You are responsible for paying all fees associated with your use of the Site and it services, and all applicable taxes. You have the opportunity to review and accept our Pricing and Payment Policy before making a purchase. This is information is available on our Pricing and Payment Policy page, which is incorporated into this agreement by reference: http://www.valleyfree.com/pricingAndPaymentPolicy.php

We may change our Pricing and Payment Policy provided we post any such changes to the referenced document at least 14 days in advance of the onset of such changes, and may change our offered services at any time at our sole discretion. We may also make modifications to our Pricing and Payment Policy document for promotions, coupons, and other discounts without notice; such changes are effective once the discount is posted.

7. Privacy

ValleyFree, Inc. is proud of its privacy policy, available online at http://www.valleyfree.com/privacyPolicy.php

8. Termination

ValleyFree, Inc. reserves the right to delete your account, remove any content you submitted to the Site, block access to the Site from your IP address, domain, or email address, or otherwise terminate your access to the Site. ValleyFree, Inc. may do so for any reason, including but not limited to your breach of this agreement, immediately and without notice, and shall not be liable to you or any third party for termination of your access to the Site.

Upon termination, you agree to (A) immediately destroy any downloaded or printed materials obtained from the Site and (B) cease further use of the Site.

Sections 2 - 7 and 9 - 11 shall survive termination of this agreement.

9. Disclaimer of Warranty

THE MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, VALLEYFREE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. VALLEYFREE, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR SERVICES ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VALLEYFREE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS OR SERVICES ON THIS SITE, EVEN IF VALLEYFREE, INC. OR A VALLEYFREE, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ValleyFree, Inc. and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. ValleyFree, Inc. may make changes to these materials, services, or to the products described therein at any time without notice. ValleyFree, Inc. makes no commitment to update the materials.

11. Indemnity

You agree to indemnify, defend and hold ValleyFree, Inc. and its respective officers, directors, owners, agents, information providers and licensors (collectively, the "ValleyFree, Inc. Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys' fees) incurred by any ValleyFree, Inc. Party in connection with:

Content you submit to or make available via the Site
Your use of the Site
Your breach of this agreement
Your violation of any third party's rights

ValleyFree, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ValleyFree, Inc.'s defense of such claim.

12. General

You should be aware that when you are on the Site, you could be directed to other sites that are beyond our control. We take no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

ValleyFree, Inc. may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and Massachusetts state courts located in the County of Hampshire, Massachusetts. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by ValleyFree, Inc. in the United States federal and Massachusetts state courts located in the County of Hampshire, Massachusetts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of ValleyFree, Inc.'s agents, licensors, licensees, successors, and assigns.

Failure of ValleyFree, Inc. to enforce any part of this agreement shall not waive our right to do so.

13. Copyrights and Copyright Agents

ValleyFree, Inc. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ValleyFree, Inc.'s Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email 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 above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ValleyFree, Inc.'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Joshua Whiting
Copyright Agent
c/o ValleyFree, Inc.
31 Church St. #8
Mountain View, CA 94041