Effective Date: April 8, 2026
1. Acceptance of Terms
These Terms of Service (the “Terms”) form a legally binding agreement between you (“User,” “you,” or “your”) and LO9ON, Inc., a California corporation that does business under the trade names “Want Ad Digest” and “LOGON” (collectively, with its officers, directors, employees, agents, affiliates, successors, and assigns, “Want Ad Digest,” “we,” “us,” or “our”). For the avoidance of doubt, references in these Terms to “Want Ad Digest” include the LOGON brand and any other trade name under which LO9ON, Inc. may from time to time operate the Service.
These Terms govern your access to and use of the website located at wantaddigest.com and any related services, features, content, applications, communications channels, and tools we provide (collectively, the “Service”).
By accessing the Service, creating an account, posting a listing, sending a message through the Service, calling, emailing, or texting Want Ad Digest, or otherwise using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Service.
These Terms apply to all users of the Service, including buyers, sellers, browsers, registered account holders, and any person who communicates with Want Ad Digest by any means.
2. Definitions
In addition to terms defined elsewhere in these Terms, the following definitions apply:
- “Assisted Listing” means any listing that Want Ad Digest creates, edits, or posts on behalf of a User pursuant to Section 11.
- “Communications” means any telephone call, voicemail, text message, email, on-platform message, or other communication sent to or received from Want Ad Digest by any User or other person.
- “Informal Notice” has the meaning given in Section 22.1.
- “Paid Features” means any feature of the Service for which Want Ad Digest charges a fee, including without limitation featured listings, promoted placements, and listings in fee-based categories.
- “Released Parties” means LO9ON, Inc., its trade names “Want Ad Digest” and “LOGON,” and each of their respective past, present, and future officers, directors, employees, contractors, agents, representatives, affiliates, parents, subsidiaries, successors, and assigns.
- “Service” has the meaning given in Section 1.
- “User Content” has the meaning given in Section 6.
3. Eligibility
The Service is intended solely for users who are at least eighteen (18) years of age and who reside in the United States. By using the Service, you represent and warrant that:
- You are at least 18 years old;
- You are a resident of the United States;
- You have the legal capacity to enter into a binding contract;
- You are not barred from using the Service under the laws of the United States or any other applicable jurisdiction;
- You have not previously been suspended or removed from the Service; and
- Your use of the Service complies with all applicable laws and regulations.
The Service is not directed to or intended for use by persons outside the United States. We make no representation that the Service is appropriate or available for use in any location outside the United States. Users who access the Service from outside the United States do so at their own risk and are responsible for compliance with local laws.
We reserve the right to refuse service, terminate accounts, or cancel listings at our sole discretion, including if we believe a User does not meet these eligibility requirements.
4. Nature of the Service — Passive Intermediary
Want Ad Digest is an online classified advertising platform that enables Users to post listings for goods and to communicate with other Users who may be interested in those goods. Want Ad Digest is solely a venue and a passive intermediary. We are not a party to any transaction, agreement, communication, or relationship between Users.
We do not:
- Own, sell, resell, furnish, provide, deliver, or control any of the items listed by Users;
- Inspect, test, verify, authenticate, appraise, or certify any item, listing, or User;
- Verify the identity, background, qualifications, or representations of any User;
- Participate in, facilitate, oversee, or guarantee any transaction between Users;
- Collect or process payments between buyers and sellers;
- Provide escrow, shipping, delivery, insurance, dispute resolution, or warranty services for User transactions; or
- Endorse, recommend, or assume responsibility for any User, listing, item, statement, or communication.
All transactions are conducted directly between Users, off the Service, on terms negotiated solely between those Users. You acknowledge and agree that Want Ad Digest is not responsible or liable for the conduct, statements, listings, items, transactions, or communications of any User, and that any disputes arising from or relating to interactions between Users are solely between those Users.
Want Ad Digest is an “interactive computer service” as that term is defined in 47 U.S.C. § 230(f)(2), and we rely on the protections afforded to interactive computer service providers under federal law, including without limitation Section 230 of the Communications Decency Act. Nothing in these Terms shall be construed as a waiver of any protection available to Want Ad Digest under Section 230 or any other applicable law.
5. Account Registration and Security
To post a listing or use certain features of the Service, you must create an account. When you register, you agree to provide accurate, current, and complete information, including your real name, a valid email address, a valid telephone number, and your location. You agree to keep this information up to date.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.
You may not: (a) create an account using false information or another person’s identity; (b) maintain more than one account without our express permission; (c) allow any other person to use your account; or (d) transfer, sell, or assign your account to any other person. We reserve the right to suspend or terminate any account at any time, with or without notice, for any reason or no reason.
6. User Content and License Grant
“User Content” means any content that Users submit, post, upload, transmit, display, or otherwise make available through the Service, including listings, photographs, descriptions, prices, messages, reviews, profile information, and any other materials, regardless of whether the content was created by the User directly or transcribed by Want Ad Digest pursuant to Section 11.
You retain ownership of your User Content. However, by submitting User Content to the Service, you grant Want Ad Digest a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, publish, translate, distribute, and create derivative works of the User Content in connection with operating, providing, promoting, and improving the Service. Nothing in this license restricts your right to use, modify, or republish your own User Content elsewhere. This license continues even after you remove the User Content or terminate your account, to the extent necessary to maintain backups, comply with law, enforce these Terms, or use content that has already been shared with other Users.
You represent and warrant that: (a) you own or have all rights necessary to grant the license above; (b) your User Content does not infringe or violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights; (c) your User Content is accurate and not misleading; (d) you have the legal right to sell or offer any item you list; and (e) your User Content complies with these Terms and all applicable laws.
You are solely responsible for your User Content and the consequences of posting it. Want Ad Digest does not endorse, support, represent, or guarantee the accuracy, completeness, truthfulness, or reliability of any User Content.
7. Prohibited Items
You may not list, offer, solicit, sell, trade, or attempt to transact in any of the following items or categories on the Service. This list is not exhaustive, and we reserve the right to prohibit additional items at our sole discretion.
Prohibited items include, without limitation:
- Firearms of any kind, including handguns, rifles, shotguns, antique firearms, replicas, and any item designed to expel a projectile by explosive force;
- Ammunition, gunpowder, primers, magazines, and firearm parts or accessories;
- Knives designed as weapons, switchblades, ballistic knives, brass knuckles, batons, stun guns, tasers, pepper spray (where regulated), and any other weapons;
- Explosives, fireworks (except where lawfully permitted and properly handled), and hazardous materials;
- Alcoholic beverages of any kind;
- Tobacco products, cigarettes, cigars, chewing tobacco, hookah products, and any product containing nicotine;
- Electronic cigarettes, vaporizers, vape pens, e-liquids, and related accessories;
- Cannabis, marijuana, CBD, hemp, kratom, and any product containing cannabinoids or other controlled or semi-controlled substances, regardless of state legality;
- Prescription drugs, controlled substances, and any pharmaceutical products;
- Over-the-counter drugs, dietary supplements, vitamins, and any product making health, medical, therapeutic, or weight-loss claims;
- Medical devices, including any device requiring a prescription or FDA clearance;
- Any product that has been recalled by a manufacturer or government agency;
- Counterfeit, replica, knockoff, or unauthorized reproductions of branded goods;
- Stolen property, property obtained through fraud, or property to which the seller does not have lawful title;
- Illegal goods or services of any kind, or any item the sale or possession of which violates federal, state, or local law;
- Human remains, body parts, organs, blood, bodily fluids, or any human tissue;
- Any wildlife, animal, animal part, or animal product whose sale, transfer, possession, or transport is prohibited or restricted under federal or state law, including without limitation species protected under the Endangered Species Act, the Lacey Act, the Migratory Bird Treaty Act, the Marine Mammal Protection Act, or analogous state laws, and including without limitation ivory, rhino horn, sea turtle products, eagle parts, and any species listed as endangered or threatened;
- Adult content, sexually explicit material, pornography, sexual services, escort services, or any item or service of a sexual nature;
- Any item or service involving minors that is sexual, romantic, exploitative, or otherwise inappropriate;
- Event tickets sold for more than face value, or in violation of any applicable anti-scalping law;
- Gift cards, prepaid cards, store credit, and similar stored-value instruments;
- Cryptocurrency, digital assets, NFTs, tokens, mining hardware sold as investment vehicles, and any financial instrument or security;
- Lottery tickets, raffle tickets, sweepstakes entries, and gambling-related items;
- Government-issued identification, passports, badges, uniforms, license plates, and official documents;
- Personal information, mailing lists, contact databases, and any item that would violate privacy laws;
- Hacking tools, malware, account credentials, pirated software, and any item designed to circumvent security or copyright protections;
- Any item that infringes the intellectual property, privacy, publicity, or other rights of any third party;
- Any item or service that is fraudulent, deceptive, or misrepresented; and
- Any other item or service that we determine, in our sole discretion, is inappropriate for the Service.
Live Animals — Expressly Permitted.
Live animals and pets are expressly permitted on the Service, including dogs, cats, birds, reptiles, fish, livestock, insects, and other lawful companion or production animals, provided that the sale, transfer, possession, and transport of the animal is lawful under all applicable federal, state, and local laws. Users posting animal listings are solely responsible for compliance with all federal, state, and local laws regarding the sale, transfer, transport, vaccination, licensing, breeding, and welfare of animals, including without limitation any applicable USDA licensing requirements, breed-specific legislation, exotic animal restrictions, and local ordinances. Want Ad Digest does not verify any User’s compliance with such laws and assumes no responsibility for the condition, health, legality, treatment, or handling of any animal listed on the Service.
8. Prohibited Conduct
In addition to the prohibitions on certain items, you agree not to:
- Violate any applicable law, regulation, or third-party right;
- Post false, misleading, deceptive, fraudulent, or inaccurate listings or information;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Harass, threaten, intimidate, stalk, abuse, defame, or harm any other User or person;
- Post content that is hateful, discriminatory, obscene, vulgar, or otherwise objectionable;
- Send unsolicited commercial messages, spam, chain letters, or pyramid schemes through the Service;
- Use the Service to phish, scam, defraud, or steal from any User;
- Collect, harvest, scrape, or store any information about other Users without their express consent;
- Use any automated means, including bots, crawlers, scrapers, or data-mining tools, to access or collect data from the Service;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Service;
- Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or any related systems;
- Upload or transmit any virus, worm, malicious code, or other harmful software;
- Circumvent, disable, or otherwise interfere with any security feature or moderation feature of the Service;
- Use the Service for any commercial purpose not expressly authorized by us;
- Engage in any activity that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service; or
- Encourage, assist, or enable any third party to do any of the foregoing.
9. Moderation; No Obligation to Monitor
Want Ad Digest reserves the right, but assumes no obligation, to monitor, review, screen, edit, refuse, remove, restrict, or disable access to any User Content, listing, message, or account at any time and for any reason or no reason, with or without notice. We may use automated tools, manual review, or any combination thereof to detect and address abuse, spam, prohibited content, or violations of these Terms.
Any moderation action we take, or fail to take, does not constitute an endorsement of any User Content and does not create any duty to take similar action in the future. The fact that we may moderate certain content does not make us a publisher, author, or guarantor of any User Content. Our moderation activities are undertaken voluntarily and in good faith and are protected under 47 U.S.C. § 230(c), including § 230(c)(2).
You agree that we are not liable for any action or inaction with respect to any User Content, including any decision to remove or to leave in place any User Content.
10. Paid Features and Fees
Certain features of the Service, including without limitation featured listings, promoted placements, and listings in certain categories, require payment of a fee (collectively, “Paid Features”). Fees are disclosed at the time of purchase. By purchasing a Paid Feature, you authorize us and our payment processor, Stripe, Inc. (“Stripe”), to charge the payment method you provide for the disclosed fee plus any applicable taxes.
All payments are processed by Stripe. Your use of Stripe is subject to Stripe’s terms of service and privacy policy. We do not store full payment card information on our systems. You represent and warrant that you are authorized to use the payment method you provide.
We reserve the right to change our fees, introduce new fees, or discontinue any Paid Feature at any time. Any changes to fees will apply prospectively to new purchases.
11. Assisted Listing Service
As a courtesy and at Want Ad Digest’s sole discretion, Want Ad Digest may from time to time assist a User in creating, editing, or posting a listing on the Service, including by transcribing listing content provided by the User over the telephone, by text message, by email, or by any other means (an “Assisted Listing”).
When Want Ad Digest provides such assistance, Want Ad Digest acts solely as the User’s transcription agent and scrivener. The User is and remains the sole author of the Assisted Listing, and Want Ad Digest exercises no editorial judgment over its content. Want Ad Digest makes no representation or warranty regarding the accuracy of any transcription, the suitability of any listing for the User’s purposes, or the success of any listing in attracting buyers.
The User adopts and ratifies any Assisted Listing as the User’s own User Content. All representations, warranties, indemnification obligations, and liability allocations applicable to User Content under these Terms apply with equal force to Assisted Listings, regardless of who physically created or transmitted the content. The User is solely responsible for the accuracy, legality, and completeness of any Assisted Listing and for any consequences arising from its publication. The User is responsible for reviewing each Assisted Listing after publication and for promptly notifying Want Ad Digest of any inaccuracy.
Want Ad Digest’s provision of assistance under this Section does not create any duty to verify, evaluate, edit, improve, fact-check, or moderate any User’s content. Want Ad Digest may decline to provide assisted listing service to any User, for any reason or no reason, at any time, and without notice or liability.
Nothing in this Section shall be construed to make Want Ad Digest the publisher, author, speaker, or information content provider of any User Content within the meaning of 47 U.S.C. § 230 or any other applicable law. Want Ad Digest remains an interactive computer service provider as defined in 47 U.S.C. § 230(f)(2) with respect to all User Content, including Assisted Listings, and continues to enjoy all protections afforded thereunder.
11A. SMS and MMS Messaging
Want Ad Digest does not send marketing or promotional SMS or MMS messages. Want Ad Digest’s text messaging is primarily inbound: Users send SMS and MMS messages, including photographs, to Want Ad Digest’s published telephone number for purposes such as providing listing details and images for Assisted Listings under Section 11. By sending any SMS or MMS message to Want Ad Digest, you consent to Want Ad Digest receiving, storing, transcribing, archiving, and using the content of those messages in accordance with these Terms and the Privacy Policy.
From time to time and on a limited basis, Want Ad Digest may send an SMS or MMS message to a User in response to that User’s prior contact with Want Ad Digest, to confirm listing details, to follow up on a customer service inquiry, or for similar operational purposes. By providing your mobile telephone number to Want Ad Digest, by initiating SMS or MMS contact with Want Ad Digest, or by verbally authorizing Want Ad Digest during a recorded telephone call to send you a text message, you expressly consent to receive such operational SMS and MMS messages from Want Ad Digest at the mobile number you provided. You represent and warrant that you are the subscriber or customary user of the mobile number you provide.
Want Ad Digest does not use SMS or MMS for advertising, promotional, or marketing purposes, and Want Ad Digest will not send you any such messages without your separate prior express written consent.
Standard message and data rates from your wireless carrier may apply to any SMS or MMS message you send or receive. Want Ad Digest does not charge for messages.
Opt-Out. You may stop receiving any SMS or MMS messages from Want Ad Digest at any time by replying STOP, CANCEL, END, QUIT, or UNSUBSCRIBE to any message you receive from Want Ad Digest, by emailing [email protected], or by telling Want Ad Digest verbally during any telephone call. Want Ad Digest will honor opt-out requests promptly. Opting out of SMS and MMS messages will not affect your account or your ability to use the Service through other means, but it may limit Want Ad Digest’s ability to assist you with photograph-based listing services.
12. All Sales Final; No Refunds
ALL FEES PAID FOR PAID FEATURES ARE FINAL AND NON-REFUNDABLE. You will not be entitled to a refund for any reason, including without limitation: (a) the removal or rejection of a listing for violation of these Terms; (b) the expiration of a listing; (c) the suspension or termination of your account; (d) the failure of a transaction with another User; (e) dissatisfaction with the Service; or (f) downtime, errors, or interruptions of the Service.
By purchasing a Paid Feature, you expressly acknowledge and agree to this no-refund policy.
13. Off-Platform Transactions; No Involvement
All transactions arising out of listings on the Service occur off the Service, directly between Users. Want Ad Digest is not a party to any such transaction. We do not collect payment, hold funds, ship goods, deliver goods, verify the existence or condition of goods, verify the identity of buyers or sellers, or guarantee that any transaction will be completed.
You are solely responsible for evaluating any User and any item before entering into any transaction. We strongly encourage you to: meet in safe, public places; inspect items in person before purchase; pay using methods that offer buyer protection where appropriate; and never send money, personal information, or items to anyone you have not verified.
We are not responsible for the quality, safety, legality, or any other aspect of items listed on the Service, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or the conduct of any User.
14. In-Person Meetings; Assumption of Risk
USERS WHO MEET IN PERSON DO SO ENTIRELY AT THEIR OWN RISK. Want Ad Digest does not conduct background checks, identity verification, criminal record checks, or any other screening of Users. We have no way of knowing the true identity, intentions, or character of any User.
By using the Service, you knowingly and voluntarily assume all risks associated with meeting other Users in person, including without limitation the risk of physical injury, death, theft, robbery, assault, fraud, harassment, property damage, exposure to communicable disease, and any other harm. You agree that Want Ad Digest has no duty to protect you from other Users and is not liable for any harm that results from any in-person meeting, attempted meeting, or interaction between Users.
You expressly release, waive, and discharge the Released Parties from any and all claims, demands, actions, causes of action, damages, liabilities, costs, and expenses of any kind arising out of or relating to any in-person meeting or interaction between Users, whether known or unknown, foreseen or unforeseen.
15. Release of Disputes Between Users
If you have a dispute with one or more Users, you agree to resolve such dispute directly with the other User(s). You release the Released Parties from any and all claims, demands, damages, and liabilities of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including any claim that we should have prevented, mitigated, or resolved such dispute.
15.1 Express Waiver of California Civil Code § 1542
If you are a California resident, you expressly, knowingly, and voluntarily waive the protections of California Civil Code § 1542, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You understand and acknowledge the significance of this waiver and the rights you are giving up. You expressly agree that this release is intended to apply to all claims, whether or not you currently know or suspect them to exist, and that the discovery of any additional or different facts shall not affect this release in any way.
16. Disclaimers; No Warranties
THE SERVICE, INCLUDING ALL CONTENT, LISTINGS, USER CONTENT, FEATURES, AND FUNCTIONALITY, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WANT AD DIGEST AND THE RELEASED PARTIES DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) ANY USER CONTENT OR LISTING IS ACCURATE, COMPLETE, OR LAWFUL; (E) THE IDENTITY, BACKGROUND, OR REPRESENTATIONS OF ANY USER ARE TRUE; (F) ANY ITEM LISTED ON THE SERVICE EXISTS, IS AS DESCRIBED, OR IS LEGALLY OWNED BY THE SELLER; OR (G) ANY DEFECT IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WANT AD DIGEST OR ANY OF THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, EMOTIONAL DISTRESS, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, REGARDLESS OF THE LEGAL THEORY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF WANT AD DIGEST AND THE RELEASED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT OF FEES YOU PAID TO US FOR PAID FEATURES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND WANT AD DIGEST, AND THAT WE WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
18. Indemnification
You agree to defend, indemnify, and hold harmless Want Ad Digest and the Released Parties from and against any and all claims, demands, actions, lawsuits, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in any way related to: (a) your access to or use of the Service; (b) your User Content, including any Assisted Listing; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; (e) any transaction or interaction between you and any other User; (f) any item you list, sell, buy, or attempt to list, sell, or buy through the Service; (g) any in-person meeting between you and any other User; or (h) any dispute between you and any other User.
Want Ad Digest will provide you with prompt written notice of any claim for which we seek indemnification, provided that any failure to provide prompt notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure. You may not settle any matter that affects Want Ad Digest without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
19. Copyright Policy and DMCA
Want Ad Digest respects the intellectual property rights of others and expects Users to do the same. We comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. It is our policy to terminate, in appropriate circumstances, the accounts of Users who are repeat infringers.
If you believe in good faith that material on the Service infringes your copyright, you may submit a notice of claimed infringement to our designated DMCA agent. Your notice must include all of the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit us to locate the material (such as a URL);
- Your contact information, including name, address, telephone number, and email address;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Send DMCA notices to our designated agent:
DMCA Designated Agent, LO9ON, Inc.Email: [email protected]
Our designated agent is registered with the United States Copyright Office and may be located through the Copyright Office’s DMCA Designated Agent Directory.
Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages. If you are uncertain whether material infringes your copyright, consult an attorney before sending a notice.
If you believe that material you posted was removed in error, you may submit a counter-notification containing the information required by 17 U.S.C. § 512(g) to the same address.
20. Trademark and Other Intellectual Property Complaints
If you believe that material on the Service infringes a trademark or other intellectual property right (other than copyright), you may submit a written notice to [email protected]. Your notice should identify the rights at issue, identify the allegedly infringing material, provide your contact information, and include a good-faith statement that the use is unauthorized. We will review and respond to such notices in our discretion. Submission of a notice does not guarantee any particular action.
21. Termination
We may suspend, restrict, or terminate your account or your access to the Service at any time, with or without notice, with or without cause, and at our sole discretion. Without limiting the foregoing, we may terminate accounts that we believe have violated these Terms, engaged in fraud or other unlawful activity, or otherwise pose a risk to other Users, to us, or to third parties.
Upon termination, your right to use the Service immediately ceases. You will not be entitled to any refund of fees paid for Paid Features. We may, but are not required to, retain your User Content, account information, Communications, recordings, transcripts, and related data for as long as we deem appropriate, including to comply with legal obligations, enforce these Terms, prevent fraud, and resolve disputes.
All provisions of these Terms that by their nature should survive termination will survive, including without limitation Sections 6 (User Content license), 11 (Assisted Listings), 13 through 18 (transactions, meetups, releases, disclaimers, limitation of liability, indemnification), 22 through 24 (dispute resolution, governing law, modifications), 25 (Communications), and any other provision relating to liability, intellectual property, or dispute resolution.
22. Dispute Resolution; Mandatory Informal Resolution; Limitation Period
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
22.1 Informal Resolution Required
Before filing any claim, lawsuit, or other formal proceeding against Want Ad Digest, you must first attempt to resolve the dispute informally by sending a written notice to [email protected] describing the nature and basis of the dispute and the relief sought (an “Informal Notice”). You and Want Ad Digest agree to attempt in good faith to resolve the dispute through direct communication for at least sixty (60) days following our receipt of the Informal Notice. You may not initiate any formal proceeding until this 60-day period has elapsed. Compliance with this informal resolution requirement is a condition precedent to filing any claim.
22.2 Small Claims Court
If informal resolution does not resolve the dispute, and the dispute falls within the jurisdictional limits of the Small Claims Division of the Superior Court of California, County of Los Angeles, then you and Want Ad Digest agree that the dispute must be brought in that small claims court. Neither party may bring such a dispute in any other forum, except that if such court lacks jurisdiction over a party, the claim may be brought in any other court of competent jurisdiction subject to the other terms of this Section.
22.3 Other Disputes
Any dispute that exceeds the jurisdictional limits of small claims court must be brought exclusively in the state or federal courts located in Los Angeles County, California, subject to all other terms of this Section, including the class action waiver, jury trial waiver, and limitations period.
22.4 Class Action Waiver
YOU AND WANT AD DIGEST AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING. NO COURT MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING INVOLVING THE PARTIES, OR MAY OTHERWISE COMBINE THE CLAIMS OF MULTIPLE USERS WITHOUT THE EXPRESS WRITTEN CONSENT OF BOTH PARTIES. THIS CLASS ACTION WAIVER IS A MATERIAL TERM OF THESE TERMS, AND IF IT IS HELD UNENFORCEABLE AS TO ANY CLAIM OR REMEDY, THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) WILL BE SEVERED AND BROUGHT IN A COURT OF COMPETENT JURISDICTION.
22.5 Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WANT AD DIGEST EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
22.6 One-Year Limitation Period
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE PERMANENTLY BARRED. This contractual limitation period applies to the maximum extent permitted by applicable law.
23. Governing Law and Venue
These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 22, the exclusive venue for any dispute is the state and federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.
The Service is controlled and operated from the United States. We make no representation that the Service is appropriate or available in other locations. You may not use or export the Service in violation of U.S. export laws and regulations.
24. Modifications to These Terms
We may modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on the Service and updating the “Effective Date” above, and, where feasible, by sending a notice to the email address associated with your account or displaying a notice on the Service. Any changes will be effective when posted, unless a later effective date is specified.
Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of those Terms. If you do not agree to any updated Terms, you must stop using the Service. The most current version of these Terms will always be available on the Service.
25. Communications, Recording, and Archival
You acknowledge and agree that all telephone calls, voicemails, text messages, emails, and on-platform messages between you and Want Ad Digest, and all messages exchanged between Users through Want Ad Digest’s on-platform messaging system (collectively, “Communications”), are recorded, transcribed (where applicable), and archived by Want Ad Digest as a routine and standard business practice.
By placing a telephone call to Want Ad Digest, by accepting a telephone call from Want Ad Digest, by continuing a telephone call after being notified of recording, by sending or receiving any text message, email, or on-platform message, or by otherwise communicating with or through Want Ad Digest, you knowingly and voluntarily consent to the recording, transcription, storage, archival, and use of such Communications by Want Ad Digest for any lawful purpose, including without limitation quality assurance, training, account verification, dispute resolution, fraud prevention, legal compliance, regulatory response, and litigation defense.
This consent satisfies the consent requirements of California Penal Code § 632 and any analogous federal or state law. If you do not consent to such recording, transcription, and archival, you must not communicate with or through Want Ad Digest by any means.
All recordings, transcripts, message logs, and related metadata are the business records of Want Ad Digest, are not the property of any User, and may be retained by Want Ad Digest for as long as Want Ad Digest deems necessary in its sole discretion. Want Ad Digest does not delete on-platform messages between Users in the ordinary course because the integrity of the messaging archive is necessary to protect Users from fraud and abuse and to enable investigation of disputes. Want Ad Digest’s collection and use of Communications is further described in our Privacy Policy.
26. Export Controls and Sanctions Compliance
You represent and warrant that: (a) you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is the subject of comprehensive U.S. economic sanctions; (b) you are not identified on any list of restricted or prohibited persons maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, the U.S. Department of State, or any other U.S. government agency, including without limitation OFAC’s Specially Designated Nationals and Blocked Persons List; and (c) you will not use the Service in violation of any U.S. export control or sanctions law.
27. Tax Responsibility
You are solely responsible for determining and complying with all federal, state, and local tax obligations arising from your use of the Service, including without limitation any sales tax, use tax, income tax, self-employment tax, or reporting obligations relating to items you sell or buy through the Service. Want Ad Digest does not collect, report, withhold, remit, or advise on any taxes on your behalf, and Want Ad Digest provides no tax advice. You agree to consult your own tax advisor regarding any tax obligations arising from your use of the Service.
28. Law Enforcement Cooperation
Want Ad Digest may, in its sole discretion, disclose User information, account information, listings, Communications, recordings, transcripts, and other records to law enforcement agencies, government authorities, courts, regulators, or other third parties: (a) in response to a subpoena, court order, search warrant, or other valid legal process; (b) to comply with any applicable law, regulation, or legal obligation; (c) to investigate, prevent, or take action regarding suspected illegal activity, fraud, threats to safety, or violations of these Terms; (d) to protect the rights, property, or safety of Want Ad Digest, its Users, or the public; or (e) when Want Ad Digest in good faith believes disclosure is otherwise necessary or appropriate. Want Ad Digest is not obligated to notify any User of any such disclosure, except as required by law.
29. Feedback
If you submit any suggestions, ideas, comments, improvements, feature requests, or other feedback to Want Ad Digest regarding the Service (collectively, “Feedback”), you hereby grant Want Ad Digest a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and create derivative works of such Feedback for any purpose, without any obligation, attribution, or compensation to you. You waive any moral rights or similar rights you may have in such Feedback to the fullest extent permitted by applicable law. Want Ad Digest is free to use Feedback without restriction and is not required to keep Feedback confidential.
30. Beta and Experimental Features
From time to time, Want Ad Digest may offer features, services, or functionality that are designated as “beta,” “experimental,” “preview,” “early access,” or similar (collectively, “Beta Features”). Beta Features are provided “as is” and “as available” for testing and evaluation purposes only, may contain errors or defects, may be changed or discontinued at any time without notice, and are not subject to any service level commitment. Your use of any Beta Feature is at your own risk. All disclaimers, limitations of liability, and other protective provisions of these Terms apply with full force to Beta Features.
31. General Provisions
31.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Want Ad Digest regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.
31.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. If the class action waiver in Section 22.4 is held unenforceable, the unenforceable portion will be severed and the remainder of these Terms will continue in full force.
31.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.
31.4 Assignment
You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms and our rights and obligations under them, in whole or in part, without notice or consent. Any attempted assignment in violation of this Section is void.
31.5 No Agency
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Want Ad Digest.
31.6 Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authority, fires, floods, accidents, network or power outages, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
31.7 Notices and Contact
We may provide you with notices, including those regarding changes to these Terms, by email, by posting on the Service, or by other reasonable means. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
All notices to Want Ad Digest must be sent in writing to:
Want Ad DigestAttn: Legal
Email (general/legal): [email protected]
Email (DMCA): [email protected]
Email (support): [email protected]
31.8 Headings
Section headings are for convenience only and have no legal effect.
