This Legal
Terms for Website Usage does not cover the "Ask the Experts"
advertising feature on this website. Please see the separate terms of use
agreement on the Ask the
Experts homepage. Gray Television Group, Inc. (collectively referred to as
"GTGI"), provides this information to you, subject to the following
terms, conditions and notices contained or referenced herein (the
"Agreement"), which govern your use of websites on the Internet owned
and operated by GTGI (the "Service").
This Agreement applies to
all uses of the Service, including, but not limited to, posting of information
to a user-created web page or comments to a blog, participating in chat rooms
or in threaded discussions, or using e-mail or other features offered on the
Service. The Service is offered to you conditioned on your acceptance without
modification of the terms, conditions and notices contained in this Agreement.
Your use of the Service constitutes your binding consent to all such terms,
conditions and notices. If you do not agree to be bound by this Agreement,
please do not use the Service. The Service may provide rules of participation
("Rules of Participation") for certain activities and services
including, but not without limitation, contests, sweepstakes, email and other
interactive features and services. This Agreement will remain in full force and
effect as long as you are a user of the Service and in the event of termination
of any membership, service or feature, you will still be bound by your
obligations under this Agreement or Rules of Participation, including any
indemnifications, warranties, and limitations of liability. The Service’s Privacy Policy, and
the Rules of Participation are hereby incorporated in this Agreement by
reference. To the extent that there is a conflict between this Agreement and
the specific Rules of Participation for the activity in which you choose to
participate, this Agreement shall govern. Please read
this Agreement carefully. This Agreement may change from time to time without
notice to you, so please check back often. Such revisions are effective to you
as a user of this Service immediately upon posting. If you have any questions
or comments regarding this Agreement, or use of a user’s personal information,
please contact us by sending an e-mail message to lisa.bishop@gray.tv
1. Copyright Rights All copyright rights in the text,
images, photographs, graphics, user interface, and other content provided on
the Service by GTGI or its third-party licensors, and the selection,
coordination, and arrangement of such content, are owned by GTGI or its
third-party licensors, to the full extent provided under the United States
Copyright Act and all international copyright laws. Under applicable copyright
laws, you are prohibited from copying, reproducing, modifying, distributing,
displaying, performing or transmitting any of the contents of the Service for
any purposes. Nothing stated or implied on the Service confers on you any
license or right under any copyright of GTGI or any third party. The Service
and the information contained in reference herein are for informational
purposes only. Any reproduction, copying, or redistribution for commercial
purposes of any materials or design elements of the Service is strictly
prohibited, without the prior written consent of GTGI. Requests for permission
to reproduce any information contained on this Service should be addressed to
the contact person below.
If you have any questions
or comments about this policy or our use of personal information, you may send
an e-mail to lisa.bishop@gray.tv or send a letter to the following address:
Gray Television Group, Inc.
Attn: Lisa Bishop
Manager
126 North Washington Street
Albany, GA 31701
Notwithstanding the above, GTGI authorizes you to make one (1) electronic or
paper copy of the information posted on any page of the Service, provided that
the copy is used solely for non-commercial, personal purposes, and further
provided that any such copy remains protected by all copyright, trademarks,
service marks, and other proprietary notices and legends contained on the
Service. Systematic retrieval of data or other content from this Service to
create or compile, directly or indirectly, a collection, compilation, database
or directory without written permission from GTGI is prohibited.
While
this section concerns copyrights held by GTGI and its third-party licensors, you
must accept as a condition of using the Service that you may not transmit,
distribute, post, communicate or store ("post") copyrightable
information to the
Service without either (i) being the copyright owner or (ii) having the express
consent of the copyright owner.
2. Notice of Copyright
Infringement If you believe that your work has been posted by a user and is
accessible on this Service in a way that constitutes copyright infringement,
you must provide GTGI's Copyright Agent with the information below. To be effective, the notification
must contain the following information in accordance with the provisions of the
Digital Millennium Copyright Act:
1) An electronic or physical signature of the copyright owner or someone
authorized on the owner's behalf to assert infringement of copyright and to
submit the notification.
2) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at this Site are covered by a
single notification, a representative list of such works at this Site.
3) Identification of the copyrighted work claimed to have been infringed
or to be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and the information reasonably sufficient to permit
us to locate the material.
4) Information reasonably sufficient to permit us to contact the
complaining party, such as the party’s name, address and daytime telephone
number, and an e-mail address, if available.
5) A statement that the complaining party has a good faith belief that
the use of the infringing copyrighted work is not authorized by the copyright
owner, its agent, or the law.
6) A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive copyright right that is allegedly
infringed.
GTGI's Copyright Agent for Notice of claims of copyright infringement on the
Service is Robert A. Beizer who can be reached as follows:
Robert A. Beizer
DMCA Designated Agent
Gray Television Group, Inc.
1776 K Street, NW
Washington, DC 20006
Phone: 202-719-4551
Email: dmcaagent@gray.tv
The above address is intended only for notifications and any related
correspondence regarding claims of copyright infringement for this Service.
Correspondence pertaining to other matters will not receive a response if sent
to the above contact information.
GTGI will remove or disable access to any posted submission for which we have
received a notice of claimed copyright infringement (or, more specifically, any
notification in substantial conformance with the Digital Millennium Copyright
Act, 17 U.S.C. § 512(c)(3)).
3. Trade and Service Mark Rights All rights in the product names, company
names, trade names, logos, product packaging and designs of all GTGI or
third-party products or services, whether or not appearing in large print or
with the trademark symbol, belong exclusively to GTGI or their respective
owners, and are protected from reproduction, imitation, dilution or confusing
or misleading uses under national and international trademark and copyright
laws. The use or misuse of these trademarks or any materials, except as
permitted herein, is expressly prohibited and nothing stated or implied on this
Service confers on you any license or right under any patent or trademark of
GTGI or any third party.
4. Privacy Policy You agree and consent to the terms
of the GTGI Online Privacy Policy, a copy of which you should review by
clicking on Privacy Policy at the bottom of this page.
5. Modification of This
Agreement GTGI
reserves the right to amend this Agreement at any time. All modifications and
amendments will be posted on the Service. You are responsible for regularly
reviewing and understanding these modified or amended terms and conditions. You
will be deemed to accept all changes so posted.
6. Links to Third-Party
Services or Web sites
This Service may contain links to external websites
or services owned, operated, or managed by third parties (collectively referred
to as "Linked Websites") such as "Ask the Experts."
Although a Linked Website may feature a GTGI or its network station logo or
identification, or a Linked Website is "framed" by the Service, such
a third party website is not under the control of GTGI, nor is GTGI responsible
for the contents, business practices or privacy policies of any Linked Website,
including, without limitation, links contained on Linked Websites, or any
changes or updates to Linked Websites. GTGI is providing a link to a Linked
Website to you only as a convenience, and the inclusion of such links is not an
endorsement by GTGI in favor of any company offering Internet services,
products or services on the Linked Websites. If you decide to access and use
Linked Websites from this Service, you understand, acknowledge and agree that
you do so at your own risk. You further agree that the Service, its
network stations, parent company(s), successors and assigns, and their
respective officers, directors, employees, representatives, agents, and
operational service providers will not, under any
circumstances, be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with your use
of or reliance on the content, advertising or business practices of linked
third party sites. This disclaimer applies even if a
third party providing a Linked Website is affiliated with GTGI or any of its
network stations.
7. Advertisers Third party
("Advertisers") may present statements, messages, offers, advice, or
promotional materials on or through the Service. Advertisers are not under the
control of GTGI, and the inclusion of Advertisers' statements, messages,
offers, advice, or promotional materials on or through the Service is not an
endorsement by GTGI or any of its network stations in favor of same. Any
correspondence or business dealings with, or participation in promotions of,
Advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
Advertisers. You understand, acknowledge and agree that GTGI and its network
solutions shall not be responsible or liable for any loss or damage of any sort
incurred as a result of any such dealings or as the result of the presence of
such Advertisers on the Service.
8. Shopping and
E-Commerce: Products Sold by GTGI This Service may offer various goods and services for sale
("Products"), or direct or link to other websites that sell goods and
services. We have no responsibility or liability whatsoever for goods or
services you may obtain from or through other websites or web pages, even if
you were directed or linked to such a site or page through this Service. For
products sold Advertised by Classified Pages, please see section 9 below.
If a GTGI Product is listed at an incorrect price or
with incorrect information, we reserve the right to refuse or cancel orders
placed for that Product, whether or not the order has been confirmed and even
if your credit or debt card account has been charged (in which event we will
issue a credit to your account in the amount of the charge).
EXCEPT AS SPECIFICALLY SET
Our creation or transmission of an order confirmation
does not signify final acceptance of your order, nor constitute a binding
confirmation of an offer to sell any Product and we reserve the right to accept
or decline your order for any reason up until the time the Product is actually
delivered to you. We reserve the right at any time, without prior notice, to
limit or reduce the quantity you ordered of any Product and we will notify you
if we do so. Products on the Service are offered for sale only to end user
customers or as personal gifts to end user customers and not for commercial
resale. We do not accept orders from dealers, exporters, wholesalers,
distributors, resellers or other similar persons or companies, and reserve the
right to refuse, cancel or seek the return of any Products that are purchased
in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale
or use of Products and applicable taxes will be added to the amount charged for
Products purchased on the Service.
If
an order consists of multiple items, they may be shipped separately depending
on availability.
9. Classifieds: Products
Advertised by Users
In addition to directly offering Products for sale as described above, this
Service may display advertisements for the sale of certain goods
("Classifieds") submitted by users of the Service.
A user who submits such an
advertisement (the "Seller") must certify that our Prohibited Items
List does not bar the advertisement for sale of that item. We reserve the right
to reject or remove any advertisement, regardless of whether the item
advertised for sale is included on the Prohibited Items list. We may deactivate
the accounts of users who submit multiple advertisements we deem inappropriate.
Sellers are entirely responsible for the content of their advertisements.
Our Classifieds service
allows users ("Buyers") to browse the Classifieds submitted by
Sellers and to contact each Seller about purchasing items advertised for sale.
We have no responsibility or liability whatsoever to either Buyers or Sellers
for such transactions.
We may charge Sellers a fee
to post listings with special features ("Premium Listings"). All fees
paid will be non-refundable in the event that a Classified is removed from the
Service for violating this policy.
You understand, acknowledge
and agree that GTGI merely provides a forum where anyone can offer, sell or buy
certain items, on terms of sale determined solely by the buyer and seller.
Unlike an auctioneer web site, GTGI is not involved in the actual transaction
between buyers and sellers, and ultimately has no control over the quality,
safety or legality of advertised items, nor any matters relating to the
completion of transactions. Therefore, GTGI shall not be responsible or liable
for any loss or damage of any sort incurred as a result of any such dealings or
as the result of the presence of such Classifieds on the Service.
10. Prohibited Uses Generally You are required to comply with all
applicable law in connection with your use of the Service, and such further
limitations as may be set forth in any written or on-screen notice from GTGI.
As a condition of your use of the Service, you warrant that you will not use
the Service for any purpose that is unlawful or prohibited by this Agreement.
You further agree not to: (a) use any incomplete, false or inaccurate
biographical information or other information for purposes of registering as a
user of the Service, or for purposes of registering for any promotions,
contests or surveys offered through the Service; (b) delete or revise any
material or other information of any other user or of GTGI; (c) take any action
that imposes an unreasonable or disproportionately large load on the Service's
infrastructure; (d) use any device, software or routine to interfere or attempt
to interfere with the proper working of the Service or any activity being
conducted on this site; (e) harvest or otherwise collect information about
others, including email addresses, without their consent; (f) use or attempt to
use any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatar's or intelligent agents)
to navigate or search the Service other than the search engine and search
agents available from GTGI on the Service and other than generally available
third-party web browsers (e.g., Netscape Navigator and Microsoft Internet
Explorer); (g) attempt to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of the Service;
or (h) engage in any other conduct that restricts or inhibits any other person
from using or enjoying the Service, or which, in the sole judgment of GTGI,
exposes GTGI or any of its customers or suppliers to any liability or detriment
of any type. You also are prohibited from violating or attempting to violate
the security of the Service, including, without limitation: (a) accessing data
not intended for you or logging into a server or account that you are not
authorized to access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; (c) attempting to interfere with service to any user,
host or network, including, without limitation, by way of submitting a virus
to, or overloading, "flooding", "spamming",
"mailbombing" or "crashing", the Service; (d) sending
unsolicited e-mail, including promotions and/or advertising of products or services;
or (e) forging any TCP/IP packet header or any part of the header information
in any e-mail or posting. Violations of system or network security may result
in civil or criminal liability. GTGI will investigate occurrences that may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
11 Posting of
Information in Public Areas If you transmit, distribute, post, communicate or store
("post") information (including, without limitation, text, photos and
videos) in a public area, such as a blog comment forum, chat room or a message
board, you are solely responsible for your own communications, the consequences
of posting those communications, and your reliance on any communications or
information found in these areas. You understand that GTGI may, but is not
obligated to, monitor or review postings in any public area. GTGI shall not
have any liability whatsoever related to the content of such communications, whether
arising under the laws of libel, privacy, copyright, trademark, obscenity or
otherwise. In cases where you feel threatened or believe someone else is in
danger, you should contact your local law enforcement agency immediately. If
you think you may have a medical emergency, call your doctor or 911
immediately.
In consideration of being
allowed to post information in public areas, you agree that the following
actions shall constitute a material breach of this Agreement: (a) Posting
copyrightable information without either (i) being the copyright owner or (ii)
having the express consent of the copyright owner; (b) Posting information that
reveals trade secrets unless you own them; (c) Using a public area for any
purpose in violation of local, state, national, or international laws; (d)
Posting information that infringes on the intellectual property rights of
others or on the privacy or publicity rights of others; (e) Posting information
that is unlawful, obscene, defamatory, threatening, harassing, abusive,
slanderous, hateful, or embarrassing to any other person or entity as
determined by GTGI in its sole discretion; (f) Posting advertisements or
solicitations of business; (g) After receiving a warning, continuing to disrupt
the normal flow of dialogue, or posting comments that are not related to the
topic being discussed (unless it is clear the discussion is free-form); (h)
Posting surveys, contests, chain letters or pyramid schemes; (i) Impersonating
another person; (j) Uploading or distributing files that contain viruses,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer; or (k) Allowing any other person or entity to
use your identification for posting or viewing comments. GTGI reserves the right
to review postings on its Service, to remove any postings, and to terminate
your ability to post to the Service at any time without notice, in its sole
discretion. GTGI also reserves the right to disclose any information posted by
users as we deem necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part.
12. License Granted GTGI does not claim ownership of
the postings you make to its Service, or any material you transmit, distribute,
communicate or store on, to or through the Service. However, by posting or
submitting information or material on, to or through the Service, you grant
GTGI a world-wide, royalty free, perpetual, irrevocable and non-exclusive right
(including any moral right) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such content anywhere, for any purpose, and in any form, media or technology
now known or later developed. No compensation will be paid with respect to the
use of your posting. GTGI is free to use any ideas, concepts, know-how, or
techniques contained in any communication to the Service for any purpose
whatsoever, including, but not limited to, developing, manufacturing and
marketing products using such information. GTGI is under no obligation to
maintain any posting you make and may remove any posting at any time in its
sole discretion. By posting or submitting content to this Service, you also
warrant and represent that you own or otherwise control all of the rights to
the content of the public posting, and that use of your content by GTGI will
not infringe or violate the rights of any third party.
13. Minors Children under the age of 13 years
are prohibited from participating in activities that require registration and
the collection of personal information on this Service. Parents and legal
guardians may register for the activity on behalf of their child, under the
parent or legal guardian’s own name and personal information. Persons between
the ages of 13 and 18 years may participate in most activities on this Service,
unless designated otherwise. The parents or legal guardians of minor children
shall be solely responsible for (a) the online content and activities of such
minor; (b) monitoring such minor's access to and use of the Service; and (c)
the consequences of any use of the Service by such minor. Any false or
fraudulent registration or entry from any person will disqualify the person
from the receipt of any contest or sweepstakes prize or other benefit.
14. Disclaimer of
Warranties THE
SERVICE IS PROVIDED "AS IS." GTGI MAKES NO REPRESENTATION OR WARRANTY
OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE
SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR
SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. GTGI
DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH
REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, GTGI DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL
(a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b)
WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR
PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS,
OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (d) WARRANTIES RELATING TO
THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (e) WARRANTIES OTHERWISE RELATING
TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY GTGI OR ANY THIRD
PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING,
THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR
THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. YOU UNDERSTAND, ACKNOWLEDGE, AND
AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK.
15. Limitation of
Liability This
Service may contain technical inaccuracies, typographical errors, and out of
date information. GTGI makes no representations about the accuracy,
reliability, completeness, or timeliness of the Service. Neither GTGI nor any party involved in creating, producing
or delivering this Service, or on any website linked to this Service, shall be
liable in any manner whatsoever for any direct, incidental, consequential,
indirect, special, compensatory, exemplary or
punitive damages arising out of your access, use or inability to use this
Service or any site linked to this Service, or any errors or omissions in the
content thereof. GTGI reserves the right to alter the content of this Service
in any way, at any time, for any reason, without prior notification, and will
not be liable in any way for possible consequences of such changes. These
limitations apply whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if GTGI has been advised
of the possibility of such damage. Because some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, GTGI's
liability in such jurisdictions shall be limited to the extent permitted by
law.
16. Indemnification Upon a
request by GTGI, you agree to defend, indemnify and hold harmless GTGI and its
subsidiaries, affiliates, officers, agents, representatives, employees,
co-branders, Advertisers, suppliers, operational service providers, or other
partners and their respective officers, directors, employees,
representatives and agents, or others involved in creating, promoting, or
otherwise making available this Service from and against any claims, actions,
costs, expenses, or demands, including, without limitation, reasonable legal
and accounting fees, resulting from any content you submit, post to or transmit
through this Service, your use of the Service, your violation of this
Agreement, your violation of any rights of another, or otherwise arising out of
your use of this Service in any manner. The Service will attempt to provide
notice to you promptly of any such claim, suit, or proceeding and will assist
you, if requested and at your expense, in defending any such claim, suit or
proceeding. We reserve the right to take exclusive control and defense of any
such claim subject to indemnification by you, in which event you will cooperate
fully with this Station and Infinity in asserting any available defenses.
17. Choice of Law and Forum This Agreement shall be governed by and
construed in accordance with the laws of the State of
18. Severability and
Integration Unless
otherwise specified herein, this Agreement constitutes the entire agreement
between you and GTGI and governs your use of this Service, superceding any
prior or contemporaneous communications and proposals (whether oral, written or
electronic) between you and GTGI. If any portion of this Agreement is held
invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original
intention of the parties, and the remaining portions shall remain in full force
and effect.
19. No Waiver The failure of GTGI to enforce any
provisions of this Agreement or respond to a breach by you or other parties
shall not in any way waive its right to enforce subsequently any terms or
conditions of this Agreement or to act with respect to similar breaches.
20. No Professional
Advice Any
information supplied by any employee or agent of GTGI, whether by telephone,
e-mail, letter, facsimile or other form of communication, is intended solely as
general guidance on the use of the Service, and does not constitute legal, tax,
accounting or other professional advice. Individual situations and state laws
vary and users are encouraged to obtain appropriate advice from qualified
professionals in the applicable jurisdictions.
21. Miscellaneous You agree that no joint venture,
partnership, employment, or agency relationship exists between you and GTGI as
a result of this Agreement or your use of this Service. Nothing contained in
this Agreement is in derogation of GTGI's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of this
Service or information provided to or gathered by GTGI with respect to such
use. A printed version of this Agreement and of any notice given in electronic
form shall be admissible in judicial or Gray Television, Inc. administrative
proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
22. Termination GTGI reserves the right, in its
sole discretion, to terminate your access to all or part of this Service, with
or without notice.
23. Prohibited Items Many laws, regulations and policies, in a variety
of jurisdictions, regulate the goods and services that may be bought and sold.
For your convenience, we have provided a list of some of the types of
prohibited and restricted items the advertisement for sale of which is not
permitted on Gray Television ("Gray") sites. We reserve the right to
prohibit the advertisement for sale of additional items irrespective of whether
required to do so by law.
Gray users
remain responsible for complying with all applicable laws, regulations or
restrictions on items, services, or manner of sale, payment or exchange, that
may apply to transactions in which they participate – including but not limited
to those imposed by the state of California, where the Gray service physically
resides. We encourage you to research the applicable laws and regulations that
may apply to your transaction.
The
following links may be helpful in researching whether a particular transaction
is prohibited or regulated:
24. Seller Agreement This Seller Agreement is for the sale of goods and services
via classified ads (“Service”) to the general public on the Sites of television
stations owned and operated by Gray Television, Inc. (“Gray TV”). Any eligible individual, person or
organization may sell such items on this Site, with several exceptions
(“Seller”). A Seller must be at least 18 years of age (or the legal age of
adulthood in your place of residence) and a residence of the
This Gray
TV Seller Agreement, in combination with the Site’s Terms of Use Agreement and
Privacy Policy, governs your use of the Site as a Seller and a user of the
Site. All Sellers must agree to this Gray TV Seller Agreement and the Site’s Terms of Use Agreement which the Gray TV Seller
Agreement is incorporated into by reference. All Sellers must also consent to
the Site’s Privacy Policy.
You, as a
Seller, represent and warrant that:
1)
You have all necessary right, power
and authority to enter into this Agreement and to perform the terms and
conditions required herein;
2)
You will comply with all applicable
laws, regulations and licensing requirements mandated by the state or any
government body for your sale of goods or services on this Site;
3)
The goods and services sold on the
Site are rightfully yours or that you have the legal right to offer such goods
and services for purchase and complete a sales transaction;
4)
Upon proper payment, you will ship
and deliver the goods and services to a Buyer within the timeframe designated
or if no time frame is provided, within thirty (30) days as required by the
Federal Trade Commission’s Mail or Telephone Order Merchandise Rule;
5)
You will post all conditions and
terms of sale for goods and services in a clear and conspicuous manner,
including any material terms that would influence a Buyer’s consideration of a
purchase or actual purchase;
6)
You will post accurate descriptions
of all items listed for sale, especially the quality and condition of any new
or used goods;
7)
You will provide access to all
required product and/or manufacturer warranties and product information on your
Gray TV Seller page, or alternatively, make such information readily available
to all potential customers before they complete a purchase transaction.
Please see the Federal Trade
Commission’s requirements for more information about listing of warranties at www.ftc.gov. Additional information regarding
the FTC’s Mail or Telephone Order Merchandise Rule can be found here: http://www.ftc.gov/bcp/conline/pubs/buspubs/mailorder.htm.
Buyer/Seller
Purchase Transaction
All
Sellers are encouraged to establish a PayPal business merchant account in order
to sell items on this Site. If you do not have a PayPal business merchant
account you can contact PayPal via phone to submit your request. PayPal’s
contact information is www.paypal.com and phone number is 402-935-2050.
Once a
Buyer wishes to purchase an item, you will follow a process that eventually requires
the Buyer to provide payment information.
If the
Buyer’s payment to Seller will occur via PayPal, at this point, the Site will
redirect the Buyer to the PayPal website that requires the Buyer to enter his
or her credit or debit card account information to complete the purchase.
The Site will provide PayPal with the Seller’s PayPal business merchant account
so that PayPal will credit the account for the transaction, in addition to
debiting the Buyer’s credit or debit card.
The Site
will save general information about the transaction but will not take any part
in the exchange of payment between the Buyer and Seller, including any
collection, use or retention of a Buyer’s personal information, including
credit or debit card account information.
You
understand acknowledge and agree that Gray TV has no control or responsibility
for any products and services offered for sale on the Site or a Seller’s
business practices, or the payment of any applicable taxes. Gray TV does not
endorse, recommend, or represent or warrant that any product meets a Seller’s
or Buyer’s expectation or a specific purpose, or that any goods or services
will be purchased from a Seller. Sellers
are solely responsible for the assessment and collection of any applicable
sales taxes, customer service inquiries, complaints, shipping and handling and
warranties of any kind. The Seller alone is solely responsible for material
posted. Gray TV does not control the messages, information or other content
that you or others may provide through the Site. You may use Gray TV Sites for
lawful purposes only.
You
understand, acknowledge and agree that Gray TV may terminate, suspend or modify
this Site or classified ad service at any time without advance notice to
Sellers or users of the Site and that Gray TV has the right to terminate or
suspend the sale of products or services, without advance notice to you.
You
further understand, acknowledge, and agree to defend, indemnify, and hold
harmless Gray TV Inc. its stations and its parent company(s), corporate
affiliates, and each of their successors and assigns, Advertisers, suppliers
and operational service providers and their respective officers, directors,
shareholders, employees, representatives and agents, or others involved in
creating, promoting, or otherwise making available this Site from and against
any claims, actions, costs, expenses disputes, or demands, including, without
limitation, reasonable legal and accounting fees, resulting from any content
you submit, post to or transmit through this Site, your use of the Site, your
violation of this Agreement or the Terms of Use Agreement, your violation of
any rights of another, any dispute between Seller and Buyer, any partial
payment or nonpayment by Buyer, or otherwise arising out of your use of this
Site in any manner. The Site will
attempt to provide notice to you promptly of any such claim, suit, or
proceeding and will assist you, if requested and at your expense, in defending
any such claim, suit or proceeding. We reserve the right to take exclusive
control and defense of any such claim subject to indemnification by you, in
which event you will cooperate fully with this Station in asserting any
available defenses.
This Gray
TV Seller Agreement is updated and is effective on July 11, 2008.
Copyright © 2008 Gray
Television, Inc. and its relevant subsidiaries. © 2008 Gray Interactive Media
Inc. used under license. All Rights Reserved.