| The following describes the terms on which OhIget Classified offers you access to our services. |
| 1. Overview |
| 1.1 | Welcome to OhIget Classified. By using the services on the OhIget websites i.e. classified.ohiget.com, you are agreeing to the following terms, including those available by hyperlink and referred herein, (the "Agreement" or "User Agreement") with Ohiget Sdn. Bhd. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access to our service. You may contact us at service@ohiget.com, should you have any queries. |
| 1.2 | The abovementioned service is provided by Ohiget Sdn. Bhd., the owner of classified.ohiget.com, (hereinafter OhIget or "we" or "our" as the case may be). |
| 1.3 | Please refer to OhIget Classified Definition List for the meaning of certain words and OhIget Classified Definition List shall be treated and shall form part of this Agreement. |
| 1.4 | You must read, agree with and accept all of the terms and conditions contained in this User Agreement and all the policies as mentioned herein, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a Seller or Buyer of OhIget or use our service. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an OhIget user. |
| 1.5 | This Agreement is effective on 15 May 2008, for current users, and upon acceptance for new users. |
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| 2. Using the Site |
| 2.1 | While using the Site, you will not:
post content or items in an inappropriate category or areas on the Site;
violate any laws, third party rights, or all of our policies;
use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
interfere with other user's posting;
circumvent or manipulate our fee structure, the billing process, or fees owed to us;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
transfer you're Account (including feedback) and user ID to another party;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm the Site, or the interests or property of the Site's users; or
copy, modify, or distribute content from the Site and OhIget's copyrights and trademarks; or
abuse the information about users, including email addresses, without their consent. |
| 2.2 | In addition, if you are registering as business entity or corporation, you represent that you have the authority to bind the entity to this Agreement. |
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| 3. Abusing the Site |
| 3.1 | OhIget Classified and the community work together to keep the Site working properly and the community safe. Please report problems, offensive content, and policy violations to us. |
| 3.2 | Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content or content posted, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, abusing the Site, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts. |
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| 4. Fees and Services |
| 4.1 | Join as Member, Post Buyer Ads and Post Seller Ads at the Site is free. Our Fees and Credit Policy is incorporated as part of this Agreement of which you must comply with. When you use a service that has a fee you have an opportunity to review and accept the fee that you will be charged based on our Fees schedule, which we may change from time to time. Changes to OhIget Classified Fees and Credit Policy are effective after we provide you with at least 14 days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the services. |
| 4.2 | Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. |
| 4.3 | We may from time to time change how you can access the Site. Such changes shall become binding and effective on you upon implementation. |
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| 5. The Site is a Venue |
| 5.1 | The Site is not an online store or online auction. Instead, the Site acts as a venue to allow anyone to post their ads (in consistent to OhIget Classified Ads Posting Policy), at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and a negotiation-style format. We are not agent for Seller or Buyer. We are not involved in the actual transaction between Buyer and Seller. As a result, we have no control over the quality, safety or legality of the request posted in the Buyer Ads and Seller Ads, the truth or accuracy of the Buyer Ads and Seller Ads and identity of the Buyer and Seller, the conduct of the Seller, the ability of Seller to sell the items requested or the ability of Buyer to pay for items or service described in his Buyer Ads. We cannot ensure that a Buyer or a Seller will actually complete a transaction. We cannot ensure the all contact information is contactable. We do not transfer the legal ownership of items from Seller to Buyer. |
| 5.2 | We do not control the information provided by other users that is made available at the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and we are not responsible for the acts or omissions of users on the Site. |
| 5.3 | We cannot control the information provided by other users which is made available at the Site. Note that all graphics displayed in the Buyer Ads may reside on our servers, but we do not and cannot control the images that are uploaded by our users. Information and images posted by Buyer or Seller may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Site. We are not liable for any images that have been placed on our servers. We do not guarantee the genuine and accuracy of any information posted. |
| 5.4 | Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Site. |
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| 6. Buying |
| 6.1 | Although we are not involved in negotiation and transaction of a sale, Buyer shall complete the transaction with the Seller if the Buyer has accepted the Seller's offer in relation to the items or services described in the Buyer Ads unless the items or the transaction is prohibited by laws of Malaysia or by this Agreement. |
| 6.2 | Any terms and condition of buying or selling shall be decided mutually agreed upon by both the Buyer and Seller. |
| 6.3 | For avoidance of doubt, negotiating, buying and selling transaction is never done via the Site as stated above. Hence, we shall not be held liable for any damages (direct or indirect) incurred in relation thereto. |
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| 7. Posting Buyer Ads |
| 7.1 | As a Buyer, you must have intention to buy the item(s) that you posted in the Buyer Ads, provided the offer of the Seller has met your expectation. |
| 7.2 | Your Buyer Ads may only include text descriptions, graphics, pictures and other content relevant to the purchase of that item. All listed items must be listed in an appropriate category. |
| 7.3 | In your Buyer Ads, you may not link to or include advertising for goods or services which
(a) describes an item that you are not trying to buy; or
(b) you do not have a right to link to or include. |
| 7.4 | We reserve the right to remove your Buyer Ads if found that:
(a) Your details and contact information is in-valid, not contactable, or misleading or
(b) Buyer has been suspended from posting for any other reason which against our guideline, policies, rules and regulations. |
| 7.5 | Your Buyer Ads must not:
(a) infringe any third party's copyright, intellectual property, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(b) otherwise causes legally-recognized harm (such as a product that contains a defamatory statement);
(c) is illegal under, or your request would violate, any applicable law, statute, ordinance or regulation; or
(d) contain anything prohibited by our OhIget Classified Ads Posting Policy or in breach of the said Policy. |
| 7.6 | You must comply with the terms and conditions stated in OhIget Classified Ads Posting Policy. |
| 7.7 | Notwithstanding anything contained herein, we reserve the right to remove your Buyer Ads, fully or partly, that we deem fit, according to our absolute discretion. |
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| 8. Responding to Buyer Ads and Selling |
| 8.1 | You, as a Seller, must be legally able to sell the item(s) when you make offer to the Buyer. |
| 8.2 | Although we are not involved in negotiation and transaction of a sale, if you receive Buyer acceptance at your stated price, or if receive acceptance at a negotiated price, you shall complete the sale, unless there is an exceptional circumstance, such as:
(a) the Buyer fails to meet the terms of your sale (such as payment method), or
(b) you cannot authenticate the Buyer's identity. |
| 8.3 | Without limiting any other remedies, we may suspend or terminate your OhIget Classified Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. |
| 8.4 | You shall not manipulate the price of any item (if you are not the Seller or Buyer involved) nor may you interfere with other user's Buyer Ads or transactions. |
| 8.5 | You shall only use the Contact or information obtained from this Site to negotiate or communicate with Buyers in relation to the specific Buyer Ads, you shall not abuse such Contact or information by using the same to harass the buyers, sending spam mails, disturbing the buyers and/or to do any act which is inconsistent with the policies and spirit of this Sites. |
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| 9. Identity Verification |
| We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, we cannot, and does not, confirm each user's purported identity. You may wish to consider using a third party escrow service or services that can provide additional user verification. We also encourage you to communicate directly with the potential trading partner via any manner as you deem fit. |
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| 10. Release |
| Because we are a venue, in the event that you have a dispute with one or more users, you shall release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. |
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| 11. Information Control |
| 11.1 | We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Sites. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and OhIget is not responsible for the acts or omissions of users on the Sites. |
| 11.2 | We shall not be held liable by any parties in whatsoever manner, should any one abuses the Contact or information obtained from this Site as we have no control as to how one uses such Contact or information. |
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| 12. Content License |
| 12.1 | When you give us content, image or information, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, image or information, in any media known now or in the future. (We need these rights to host and display your content.) |
| 12.2 | You have also expressly irrevocably authorized and allowed us to sell your Contact in whatsoever manner as we deem fit (we are entitled to the profit, you shall not, and have no right to, claim for the same) to sellers who we deem that he may help to fulfill your request. |
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| 13. Access and Interference |
| 13.1 | The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to OhIget by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. |
| 13.2 | Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of OhIget and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Sites; or
do any acts which are harmful and disturbance to the proper working condition of the Site;
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. |
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| 14. Your Information |
| 14.1 | "Your Information" is defined as any information you provide to us or other users in the registration as Member, submission of Post Buyer Ads Form or Post Seller Ads Form, in any public message area, or through any site feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. |
| 14.2 | Restricted Activities. |
| 14.3 | Your Information (or any wants or offers made) and your activities on the Site shall not:
be false, inaccurate or misleading
be fraudulent or involve the sale of counterfeit or stolen items
infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising)
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing
be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adult categories and shall be distributed only to people legally permitted to receive such content
contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
link directly or indirectly to or include descriptions of goods or services that: are prohibited under this Agreement; or you do not have a right to link to or include. |
| 14.4 | Furthermore, you may not put an Ads on the Site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our policies. |
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| 15. Breach |
| | Without limiting other remedies, we may limit your activity, immediately remove your Ads or your OhIger Classified Account, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. |
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| 16. Privacy |
| | We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in OhIget Classified Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in Malaysia that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see OhIget Classified Privacy Policy. If you object to Your Information being transferred or used in this way please do not use our services. |
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| 17. Indemnity |
| | You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement and the documents it incorporated by reference, or your violation of any law or the rights of a third party. |
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| 18. No Warranty |
| | WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE OR WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT |
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| 19. Limit of Liability |
| | IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). |
| | OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $10. |
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| 20. No Agency |
| | You and OhIget Classified is independent contractor. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. |
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| 21. Notices |
| | Except as explicitly stated otherwise, legal notices shall be served on Ohiget Web Solution registered address or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. |
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| 22. Resolution of Disputes |
| | You and us agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. |
| | Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the Malaysia as they apply to agreements entered into and to be performed entirely within Malaysia between Malaysia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved by a court located in Kuala Lumpur, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Kuala Lumpur for the purpose of litigating all such claims or disputes. |
| | Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider in Malaysia which is mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. |
| | Improperly Filed Claims - All claims you bring against us must be resolved in accordance with this Resolution of Disputes Clause. All claims filed or brought contrary to the Resolution of Disputes Clause shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Clause, we may recover attorneys' fees and costs up to $1000, provided that we have notified you in via e-mail of the improperly filed claim, and you have failed to promptly withdraw the claim. |
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| 23. Additional Terms |
| 23.1 | The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the Site, should there be any inconsistent between the Agreement and these policies, the policies shall prevail:
OhIget Classified Definition List
OhIget Classified User Registration Policy
OhIget Classified Privacy Policy
OhIget Classified Ads Posting Policy
OhIget Classified Fees and Credit Policy
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| 23.2 | Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. |
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| 24. Force Majeure |
| | Neither of the you nor us shall be responsible for failure or delay of performance if caused by: act of war, hostility or sabotage, act of God, electricity, internet or telecommunication outrages that is not caused by the obligated party, government restrictions (including any denial or cancellation of any export or other license); other event outside the reasonable control of the obligated party. Both parties will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than ninety (90) days, either Party may terminate this Agreement upon written notice. |
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| 25. General |
| 25.1 | If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notice Clause. Headings are for reference purposes only and do not define, construe, describe and limit the scope or extent of such clause. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. |
| 25.2 | We do not guarantee continuous, uninterrupted or secure access to our services, and the operation of the Site may be interfered with by numerous factors outside of our control. |
| 25.3 | In this Agreement, unless the context otherwise requires:
(a) recitals, headings and underlinings are for convenience only and do not affect the interpretation of this Agreement;
(b) words importing the singular include the plural and vice versa;
(c) words importing a gender include any gender;
(d) an expression importing a natural person includes any corporation or other body corporate, partnership, association, governmental agency, two or more persons having a joint or common interest, or any other legal or commercial entity or undertaking;
(e) any part of speech or grammatical form of a word or phrase defined in this agreement has a corresponding meaning;
(f) a warranty, representation, covenant or agreement on the part of two or more persons binds them jointly and severally;
(g) reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted and shall include all by-laws, instruments, orders rules and regulations made thereunder;
(h) any reference to a date or time is a reference to that date or time in Malaysia;
(i) any reference to "writing" or cognate expressions includes a reference to electronic communication, telex, cable, facsimile transmission or comparable means of communications;
(j) any agreement, notice, consent, approval, disclosure or communication under or pursuant to this Agreement shall be in writing;
(k) words denoting an obligation on a Party to do an act, matter or thing includes an obligation to procure that it be done or words placing a Party under a restriction include an obligation not to permit an infringement of the restriction;
(l) the words "herein", "hereinafter", "hereinbefore", "hereof", "hereunder" and other words of similar import shall refer to this agreement as a whole and not to any particular provision;
(m) reference to a document shall include references to any sort of document whether paper or paperless and expressed or described on any substance either with alphabets, figures, symbols and/or marks;
(n) any liberty or power which may be exercised or any determination which may be made hereunder by OhIget Classified may be exercised or made in its absolute and unfettered discretion and OhIget Classified shall not be under any obligation to give reasons authorize;
(o) no rule for the construction or interpretation of contracts shall apply to the disadvantage of a Party for the reason that the Party was responsible for the preparation of this Agreement or any part of it; and |
| 25.4 | We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Clauses survive any termination or expiration of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity, Limit of Liability, No Warranty and Resolution of Disputes. |
| 25.5 | OhIget Classified may assign any of its obligations hereunder to any third party without your prior consent. You shall not assign any of its obligations hereunder to any third party without the prior written consent of OhIget Classified. |
| 25.6 | If OhIget Classified permits you to assign the whole or part of this Agreement (assignment must be in writing, if any), you shall remain liable for the performance of such party and you shall require such party to enter into and agree to provisions no less onerous than those contained in this Agreement. |
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