Acceptance of Terms
Use of Site
4. USER CONDUCTYou agree to act responsibly and to treat other users with respect. You will not use Classifieds to harass or abuse other users. Individuals who Walmart.com determines, in Walmart.com's sole discretion, have behaved inappropriately, including without limitation, harassment of other individuals, may be removed or blocked from Classifieds. You agree not to post, email or otherwise make available Content to Classifieds that, Walmart.com determines:
Additionally, you agree not to:
Access to Classifieds
Walmart.com offers various parts of Classifieds in RSS format so that users can embed individual feeds into a personal website or blog, or view listings through third party software news aggregators. Walmart.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original listing on Classifieds and redirects the user to the listing when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to "Walmart.com" as the source, (d) your use or display does not suggest that Walmart.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Walmart.com's systems. Walmart.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of Classifieds beyond the scope of authorized access granted to you by Walmart.com immediately terminates your license to use Classifieds.
Your Use of Information from Classifieds
You agree to use other users' personal information only for:
No Spam Policy
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to Classifieds on behalf of others. To moderate demands on Walmart.com's resources, you may not use a Posting Agent to post Content to Classifieds without express written permission or license from Walmart.com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access Classifieds to facilitate posting Content on behalf of others, except with express written permission or license from Walmart.com.
Fees for Certain Listings
Walmart.com respects the intellectual property rights of others and expects users of Classifieds to do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use in such manner.
It is the policy of Walmart.com to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Walmart.com's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on Classifieds, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Walmart.com's Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Walmart.com's Designated Agent that includes the following:
Walmart.com's Designated Agent for notice of claims of copyright infringement can be reached as follows:
Wal-Mart Stores, Inc.
702 S.W. 8th Street
Bentonville, Arkansas 72716-0520
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on Classifieds.
Upon receipt of a valid notification of alleged copyright infringement by a third party, Walmart.com shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Walmart.com, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to the Walmart.com's Designated Agent that includes the following:
If Walmart.com receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Walmart.com has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Walmart.com's system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by Walmart.com, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
Interactions with Organizations or Individuals
Walmart.com shall not be liable for your interactions with any organizations and/or individuals found through Classifieds, including without limitation, those third parties whose listings are designated as "Trusted Listings" (as further described below). This includes, but is not limited to, interactions related to payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such interactions. These interactions are solely between you and such organizations and/or individuals. You agree that Walmart.com is not responsible for any damage or loss incurred as a result of any such interactions, including without limitation, those interactions with third parties whose listings are designated as "Trusted Listings." You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Listings designated by Oodle as "Trusted Listings" are listings that Oodle believes provide a lower chance of fraud or scams or customer losses from such activities due to the favorable fraud protection and customer policies of the party providing the listing. By way of example and not limitation, a listing may be designated as a "Trusted Listing" because the party responsible for such listing (i) guarantees such listing by refunding money lost through fraud or scams or (ii) controls its listings by limiting the parties that are permitted to place listings on its sites. Neither Walmart.com nor Oodle guarantees that any listing designated as a "Trusted Listing" will not be associated with fraud or scams.
Walmart.com is under no obligation to become involved in disputes between participants of Classifieds, or between participants of Classifieds and any third party, and Walmart.com, its affiliates, officers, employees and agents shall have no liability or responsibility for any claims, damages, or liabilities arising from such disputes. In the event of a dispute, you hereby release Walmart.com, its officers, employees, agents, affiliates and successors in rights from any claims, damages and demands of every kind and nature arising out of or in any way related to such disputes and our Classifieds.
If there are any defects with any items purchased using Classifieds, any returns must be made directly to the organization or individual from which you made such purchase. Under no circumstances shall such items be returned to Walmart.com or Wal-Mart Stores and Walmart.com will not be responsible for any such items sent to Walmart.com.
If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Limitation and Termination of Service
You acknowledge that Walmart.com may establish limits concerning use of Classifieds, including, without limitation, the maximum number of days that Content will be retained by Classifieds, the maximum number and size of listings, email messages, or other Content that may be transmitted or stored by Classifieds, and the frequency with which you may access Classifieds. You agree that Walmart.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by Classifieds. You acknowledge that Walmart.com reserves the right at any time to modify or discontinue Classifieds (or any part thereof) with or without notice, and that Walmart.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of Classifieds.
Privacy and Information Disclosure
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF CLASSIFIEDS OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF CLASSIFIEDS, INCLUDING WITHOUT LIMITATION, THE DOWNLOAD OF FILES, SOFTWARE AND/OR ANY GRAPHICS OR OTHER CONTENT. CLASSIFIEDS AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WALMART.COM, AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER WALMART.COM, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT CLASSIFIEDS OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT CLASSIFIEDS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WALMART.COM, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CLASSIFIEDS OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CLASSIFIEDS OR THAT DEFECTS IN CLASSIFIEDS WILL BE CORRECTED. WALMART.COM DISCLAIMS ANY WARRANTIES FOR GOODS OR SERVICES RECEIVED THORUGH OR ADVERTISED ON CLASSIFIEDS OR ACCESSED THROUGH ANY LINKS ON CLASSIFIEDS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL WALMART.COM, OR ANY OF ITS AFFILIATES, LICENSORS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE CLASSIFIEDS OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OR BUSINESS OPPORTUNITY, EVEN IF WALMART.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WALMART.COM SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY ACTION OF ANY THIRD PARTY OR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM CLASSIFIEDS. YOU AGREE THAT THE AGGREGATE LIABILITY OF WALMART.COM TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF CLASSIFIEDS OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO WALMART.COM, IF ANY, FOR ACCESS TO AND USE OF CLASSIFIEDS OR THE CONTENT. IF YOU HAVE NOT PAID WALMART.COM FOR ACCESS OR USE OF CLASSIFIEDS, WALMART.COM WILL HAVE NO LIABILITY TO YOU WHATSOEVER. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WALMART.COM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.