LIFEONTOP.COM

WEBSITE TERMS OF USE AGREEMENT

1. TERMS OF USE AND ACCEPTANCE BY USER

LIFEONTOP.COM ("SITE") CONTAINS CONTENT THAT IS PROVIDED AS A SERVICE TO USERS WHO AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS OF USE ("TERMS"). YOUR RIGHT TO USE THE SITE IS GOVERNED BY THESE TERMS AND YOU SHOULD TAKE THE TIME TO REVIEW THESE TERMS CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE IN ANY WAY, YOU AGREE TO COMPLY WITH THESE TERMS. YOU UNDERSTAND THAT EACH TIME YOU POST AN AD ON THIS SITE OR OTHERWISE USE THE SITE, YOU ARE AGREEING TO THESE TERMS.

2. MODIFICATION OF TERMS

The Site reserves the right to change the Terms at any time and for any reason by posting a new version of its Terms on the Site. By using the Site you accept and agree to the Terms, including any amendments, updates, or changes to any rules or policies. The Site reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits (including without limitation blocking or terminating your Account), rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site. These Terms were last modified on 8/1/2007.

You can review the most recent version of the Terms at http://www.lifeontop.com/terms.htm.

3. CONDUCT OF USER

Without limitation, you agree to refrain from the following actions while using the Site:

Harassing, threatening, embarrassing, "stalking," or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
Posting advertising or solicitation in categories that is not appropriate, or posting the same item or service in more than one category or more than once every 7 days, or posting the same ad in multiple cities on the Site;
(a) Posting adult content or explicit adult material unless: (i) such material is specifically permitted in designated adult categories and permitted under applicable federal, state, and local law; and (ii) you are at least 18 years of age or older and not considered to be a minor in your state of residence; (b) Posting, anywhere, obscene or lewd and lascivious graphics or photographs, or graphics or photographs which depict or simulate sexual acts.
Posting any ad for products or services, use or sale of which is prohibited by any law or regulation;
Sending mail, e-mail, voice messages or faxes for solicitation of any other product, service to a user of the Site unless the user has granted permission in their ad or otherwise allowing contact for solicitation;
Deleting or revising any material posted by any other user;
Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
Using any automated device, spider, software or routine which can interfere with the proper working of the Site;
Taking any action creating a disproportionately large usage load on the Site;
Sending messages or engaging in disruptive activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, trojan horses or any other destructive element;
Attempting or having unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
Posting any ads or messages that violate any law or regulation;
Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity, including but not limited to "bait and switch" tactics;
Posting personal or identifying information about any third party without that third party's express consent;
Using a Posting Agent or any automated device or computer program that permits submission of content to the Site without manually entering information posted to the Site (an "automated posting device") to submit bulk postings or posting at established intervals; and/or
Posting free ads promoting links to commercial services or web sites.

You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site.

Please report any violations of these Terms to: abuse@lifeontop.com

4. MODIFICATION OF CONTENT SUBMITTED BY THIRD PARTIES

Any ads or messages that you post or transmit to the Site (other than personally identifiable information), will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by the Site or our affiliates, without review or approval by you, for any purpose whatsoever. You grant the Site (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.

5. REAL ESTATE RELATED CONTENT

All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). The Site will not knowingly accept any real estate advertising which is in violation of any applicable law. Users are hereby informed that all dwellings advertised on the Site are available on an equal opportunity basis. To complain of discrimination call HUD toll-free at 1-800-669-9777. The toll-free number for the hearing impaired is 1-800-927-9275.

You must not submit or post any ad which discriminates based on race, color, national origin, religion, sex, sexual orientation, familial status and /or handicap/disability. If you see any ad or posting which discriminates based on any of the above factors, you are encouraged, in addition to contacting HUD, to report such ad or posting by clicking on the "Report this Ad" link located on the ad page. You understand that we shall have the right, but not the obligation, to remove, edit or delete any ad.

6. EMPLOYMENT RELATED CONTENT

All employment advertising is subject to federal, state and local laws regarding equal employment and citizenship. The Site will not knowingly accept any employment advertising which is in violation of any applicable law. Users are hereby informed that all employment opportunities advertised on the Site are available on an equal opportunity basis. To complain of discrimination call the EEOC toll-free at 1-800-669-4000. The toll-free number for the hearing impaired is 1-800-669-6820.

You must not submit or post any advertisement related to employment that violates federal state or local employment opportunity laws, including but not limited to stating a preference for employment based on race, color, national origin, religion, sex, sexual orientation, familial status and /or handicap/disability.

Additionally, if you employ four or more employees, you must not submit or post any advertisement related to employment that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency status as a condition of employment, unless otherwise required to comply with federal, state or local laws.

If you see any ad or posting which discriminates based on any of the above factors, you are encouraged, in addition to contacting EEOC, to report such ad or posting by clicking on the "Report this Ad" link located on the ad page. You understand that we shall have the right, but not the obligation, to remove, edit or delete any ad.

7. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Site addresses or through the Site's computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Arizona. Any unauthorized use of the Site's computer systems to send unsolicited email advertisements is a violation of the Computer Fraud and Abuse Act (18 U.S.C. §1030 et seq.) and Arizona Revised Statutes §44-1372 et seq. and may subject the sender or anyone acting on behalf of the sender to civil and criminal penalties.

8. RIGHT TO TERMINATE ACCESS

The Site has the right terminate your access for any reason if we believe you have violated the terms of service in any manner. You agree not to hold the Site liable for such termination or attempt to use the Site after termination.

9. COPYRIGHTS AND TRADEMARKS

All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

In posting content on the Site, you grant the Site, and its owners and licensees, the right to reproduce, distribute, translate, archive and create derivative works of the posted content.

Users may not use the Site to infringe upon the patent, copyright, trademark, or intellectual property rights of others. Please notify us if you believe your work has been copied.

Please provide us with the following:

Identity of the copyright owner or of a person authorized to act on the owner's behalf;
A description of the copyright violation;
Identification of the URL where the infringement is located;
Your name, address, telephone number and e-mail address;
A signed statement by you made under penalty of perjury that use on the web site of the copyrighted work is not authorized by the copyright owner; and

All notices of copyright infringement should be sent to:

Life On Top LLC
8765 E. Bell Rd. Suite 210
Scottsdale, AZ 85260
Fax: 480-355-8327
abuse@lifeontop.com

The Site's copyright agent will forward this information to the individual or entity posting the ad.

10. PRIVACY POLICY

The Site has created a privacy policy setting forth how information collected about you is collected, used and stored. Your use of the Site constitutes acknowledgment and agreement with our privacy policy. You further acknowledge and agree that The Site may use your personal information in the manner described in our Privacy Policy. The most recent version of our Privacy Policy can be accessed at: INSERT URL HERE

11. E-MAIL NOTIFICATIONS FROM SITE OWNERS

By agreeing to these Terms, you acknowledge that the Site may send you e-mail messages telling you about products and services offered by the Site (or its affiliates and partners) regardless of any requests (which were sent prior to your most recent use of the Site) to opt-out of receiving e-mail messages from the Site.

12. THIRD PARTY LINKS

The Site has no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with the Site. Any websites linked to or from the Site are for your convenience only, and you access them at your own risk.

13. THIRD PARTY CONTENT AND PRODUCTS AND SERVICES

The Site assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site. In addition, it does not endorse any opinions or recommendations posted by others.

Any information posted on the Site is the responsibility of the person or persons posting the message. Any user who violates the Terms may be permanently banned from posting ads or using the Site. You understand that all postings, ads, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively "Content") posted on, transmitted through, or linked from the Site, are solely the responsibility of the person from whom such Content originated. You understand that the Site does not control, and is not responsible for Content available on the Site. You agree that the Site does pre-screen, monitor and approve any and all Content, the Site shall have the right, but not the obligation to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit or delete any Content for any reason whatsoever. The Site shall not be responsible for any interaction between you and the other users of the Site.

You are entirely responsible and liable for any content you post.

Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Site is under no obligation to become involved in any disputes between you and other users of the Site or between you and any other third parties.

You agree that our service is a venue for posters and users of the Site. In the event that you have a dispute with any user of the Site, you agree that the Site is under no obligation to become involved. You further agree to release the Site from any and all claims, demands, and damages arising out of or in connection with such dispute.

The Site is not in any way responsible or liable for:

Communications or miscommunications between you and any third party;
Any third party's failure to deliver goods and services to you;
The condition of the goods or services when received by you;
Any third party's failure to pay for any goods or services provided by you;
Any other loss suffered or incurred by you when purchasing goods or services from or selling goods and services to any third party.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THIS SITE. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT ANY CONTENT OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, AND SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15. LIMITATION OF LIABILITY

THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE TO YOU ON THIS SITE MAY CONTAIN ERRORS AND ARE SUBJECT TO PERIODS OF INTERRUPTION. WHILE THE SITE DOES IT'S BEST TO MAINTAIN THE INFORMATION, SERVICES AND PRODUCTS IT OFFERS ON THE SITE, IT CANNOT BE HELD RESPONSIBLE FOR ANY ERRORS, DEFECTS, LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE.

IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE'S ACTIVITIES.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.

If you are a California resident, you waive any rights you may have under California Civil Code § 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."

16. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, THE VIOLATION OF THESE TERMS BY YOU, OR THE INFRINGEMENT BY YOU, OR OTHER USERS OF THE SITE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. THE SITE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

17. JURISDICTION AND CHOICE OF LAWS

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Arizona, outside of its choice of law rules, as it is applied to agreements entered into and to be performed entirely within such State. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in Arizona, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. GENERAL TERMS AND CONDITIONS OF USE

These Terms constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.

19. SEVERANCE AND WAIVER

You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that the Site will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.

The Site's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.

20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of these Terms to: abuse@lifeontop.com

The Site's failure to act with respect to a breach by you or others does not waive the Site's right to act with respect to subsequent or similar breaches.

You agree that any material violation of the Terms will result in irreparable harm to the Site for which there may be no adequate remedy at law and, therefore, in addition to the rights and remedies otherwise available pursuant to law, the Site's owners may seek both a preliminary and permanent injunction if such breach occurs.

In addition, you agree to pay the Site's owners the following amounts as liquidated damages, which you accept as reasonable estimates of the Site owner's damages, for the following specified breaches of the Terms:

If you violate any of the Terms related to Conduct of User, you agree to pay the Site's owners one thousand dollars ($1,000) for each violation;
If your use of the Site is terminated or otherwise limited, you agree to pay the Site's owners one thousand dollars ($1000) for each unauthorized use of the Site;
If you send e-mail in violation of the Terms, you agree to pay the Site's owner twenty-five dollars ($25) for each e-mail sent in violation of the Terms.
If you violate any of the Terms related to Real Estate Related Content or Employment Related Content, you agree to pay the Site's owners one thousand dollars ($1,000) per day for each day you violate the Terms related to real estate or employment related content.

In all other cases, you shall pay the Site's owners actual damages to the extent damages can be reasonably calculated.