TERMSCLASSIFIED GUIDELINESPRIVACY POLICY
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Friday, September 22, 2017
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BERKSHIREADS.COM CLASSIFIED GUIDELINES

OVERVIEW

Boxcar Media, LLC ("Boxcar") has established the following guidelines (the "Guidelines") to ensure the quality of the BerkshireAds.com classified advertisements (the "Classifieds"). PLEASE REMEMBER THAT CLASSIFIEDS ARE POSTED BY OTHER USERS, NOT BY BOXCAR. Sellers and buyers are responsible for all aspects of the transactions in which they choose to participate. All transactions conducted on BerkshireAds.com must be consistent with any applicable legal rules and with Boxcar's Guidelines, Terms of Use and Privacy Policy, incorporated herein by this reference.

Boxcar reserves the right to reject or remove any ad that is not consistent with the letter or spirit of Boxcar's policies or the law. Please review the Guidelines below and make sure any transactions you conduct comply fully.

GENERAL INFORMATION

Boxcar provides BerkshireAds.com as a platform for Boxcar's users to connect with one another. BOXCAR DOES NOT PARTICIPATE IN, NOR IS IT A PARTY TO, ANY CLASSIFIEDS TRANSACTIONS. Boxcar does not screen or control users who may sell or buy on Classifieds, nor does Boxcar review or authenticate all listings, items, or services offered for sale. Therefore, users of this service should be aware that:

  • Sellers and buyers are completely responsible for negotiating the purchase, sale and exchange of goods or services.
  • Sellers and buyers must resolve any disputes that may arise from Classifieds transactions.
  • Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
  • Sellers and buyers are responsible for all applicable taxes and for all costs incurred by participating in BerkshireAds.com.

GENERAL RULES

  1. Fraud. Sellers may not use or manipulate this service for any fraudulent activity or purpose, including collecting payment from buyers and not providing the item or service purchased, or filing false claims for insurance payments.
  2. Interference. Sellers may not spam Boxcar's system and/or impose an unreasonably or disproportionately large load on Boxcar's system. Seller may not put any material on BerkshireAds.com that contains any viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. Sellers may not solicit BerkshireAds.com users to post ads on other classifieds sites.
  3. Classified Numbers/Passwords. Sellers are solely responsible for actions taken under seller's classified number and/or password and should not disclose them to anyone else. Seller cannot use his/her classified number and/or password for any unauthorized purpose.

SELLING

All sellers must:

  1. Comply with applicable laws. Seller may not offer for sale or sell an item or service to any buyer in a jurisdiction where the item, service, or terms of the sale violates applicable laws or regulations. Seller may not offer for sale any item or service that violates Boxcar's policies as described below in "Prohibited Items and Services."
  2. Provide accurate information. Seller must accurately describe the item he/she is selling. Seller may not include any language in his/her ad, including the ad title, which may confuse potential buyers or cause seller's ad to be included in search results to which it is not responsive.
  3. Place item in the appropriate category. Seller must list his/her item in the most appropriate category. Each item can only be listed in one category.
  4. Avoid inappropriate ad content. Seller may not link to, post, or include advertisements for goods or other materials that: (a) describe items or services that seller is not selling on BerkshireAds.com, or (b) seller does not have rights to link to or include. Seller also may not include any content or images in seller's ad that are obscene, offensive, harmful to minors, invasive of anyone's privacy, or otherwise inappropriate.
  5. Have the rights to and possession of item. Seller may not offer any item for sale that (1) is not in seller's possession, (2) seller does not have the right to sell, or (3) does not exist at the time of the ad.

PROHIBITED ITEMS AND SERVICES

It is the responsibility of both the seller and the buyer to ensure that the items or services listed for sale and bought by users are appropriate for sale under all applicable laws and regulations. SELLER MAY NOT SELL THE

FOLLOWING ITEMS OR SERVICES UNDER ANY CIRCUMSTANCES:

  1. Any item that has been the subject of a product recall by the U. S. Consumer Product Safety Commission, other government agency, or product manufacturer.
  2. Any item that violates any U. S. export law or regulation, including any items subject to the terms of the U. S. embargoes against Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Serbia (former Yugoslavia), and Sudan.
  3. Event tickets sold for prices that are in violation of the laws or regulations of the event venue.
  4. Any item or service that is harmful to minors, obscene, or otherwise objectionable.
  5. Illegal or restricted weapons and related accessories, including the following:
    • Firearms and firearm accessories, including ammunition, scopes, and silencers.
    • Switchblade knives.
    • Any concealed weapon.
    • Any explosive device.
    • Martial arts weapons.
  6. Cigarettes, illegal drugs, drug paraphernalia (including items to grow, manufacture, or distribute the same), prescription drugs, and medical devices, including any medical device that requires fitting by a certified practitioner or licensed seller.
  7. Any item that infringes the rights of a third party, including items that violate copyrights, trademarks, publicity, or privacy rights of third parties. Examples include, but are not limited to:
    • Unauthorized copies of software, music, video games, movies, photos, or other media.
    • Bootleg recordings of concerts, movies, or other performances.
    • Sale of back-up copies of software.
  8. Any item that is counterfeit or stolen, including items that are:
    • "Replicas," "knock-offs," in the same "style" as, or "fake" versions of a name brand product.
    • Counterfeit, or for the purpose of producing counterfeit, currency, stamps, government identification.
    • Inauthentic sports collectibles, celebrity autographs, or otherwise inauthentic versions of memorabilia or other items with inauthentic signatures.
    • Any item for gaining unauthorized entry to a place or vehicle including lock-picking devices, vehicle master keys, and other devices.
  9. Any item that promotes, glorifies, or is directly associated with groups or individuals known principally for hateful or violent positions or acts, such as Nazis or the Ku Klux Klan. Official government-issue stamps and coins are not prohibited under this policy. Expressive media, such as books and films, may be subject to more permissive standards as determined by Boxcar in its sole discretion.
  10. Any animal items that are subject to regulations or laws for the protection of live animals, including endangered species and domesticated animals, as well as any products made from or including any parts of an animal protected by law or regulation.
  11. Any item used for hacking, intercepting, jamming, descrambling, or otherwise obtaining unauthorized access to wire, electronic, or other types of communications.
  12. Bodies, body parts, bodily fluids. For example: cadavers, organs, "clean" urine for drug tests, sperm, eggs, blood, breast milk.
  13. Fireworks, explosives, or any hazardous material or restricted chemical.
  14. Government-issued identification documents, whether authentic or counterfeit (e. g. , fake IDs for age verification, fake government credentials, passports, green cards, birth certificates), police badges or insignia, and any other law enforcement items (e. g. , FBI identification cards, badges, uniforms, flashing lights/sirens, etc. ) generally restricted for sale under federal and state law.
  15. Stocks and securities.
  16. Gambling items (lottery tickets, sweepstakes, pyramid schemes, grab bags, raffles, slot machines, etc.).
  17. Individual contracts, services, and any item that is non-transferable.
  18. Non-packaged food items and other food or beverage items sold in a manner inconsistent with federal, state, or legal regulations.
  19. Any used goods not appropriate for resale for safety, health, or other reasons, including any clothing items that have not been appropriately cleaned.
  20. Any items that are "adult oriented" in nature or marketed in an objectionable manner, as determined in Boxcar's sole discretion.
  21. Any other item or service that violates any applicable federal, state, or local law or regulation or which Boxcar determines, in its sole discretion, is inappropriate for sale through the services provided by Boxcar.

SPAM

BerkshireAds.com encourages sellers to post ads on BerkshireAds.com as long as they are not duplicates or other forms of spam, or otherwise inconsistent with the Boxcar's Guidelines, Terms of Use or Privacy Policy. Boxcar may take action to delete Classifieds and/or Boxcar user accounts that Boxcar believes are misusing this service. Prohibited spam or otherwise impermissible marketing activities in BerkshireAds.com may include, but are not limited to, the following:

  1. Posting an ad that is unrelated to the category in which the ad is placed.
  2. Posting identical ads in the same category and location.
  3. Posting an ad with inappropriate links, titles, descriptions, or unauthorized use of content to which the person posting does not have rights.
  4. Posting an ad for the sole purpose of collecting user information or raising money.
  5. Posting an ad that contains unsolicited or unauthorized advertising or promotional materials. This may include an ad that instructs the user(s) to contact the person/company posting the ad for more information and then requires the user to pay a fee for that information.
  6. Posting a multi-level marketing position or other non-traditional job not involving a W2 or 1099.
  7. Posting a job ad that requires a monetary investment by the user at any time.
  8. Posting an ad that requires a user to register before getting detailed information about the product or position.
  9. Posting an ad through unauthorized robots (crawling software).
  10. Soliciting a BerkshireAds.com user to post an ad in another classifieds site.
Boxcar may take corrective action, at its sole discretion, when prohibited activities or other misuses of BerkshireAds.com become apparent.

EVENT TICKETS

BerkshireAds.com permits the resale of event tickets, as long as sellers abide by the applicable state and local laws where the event is located. In an effort to help users conduct lawful ticket sales, Boxcar requires that ads for event tickets meet, at minimum, the following requirements:

ALL Classifieds listings for event tickets MUST include in the description:

  1. The location of the event (venue, city and state).
  2. The date of the event.
  3. The face value of the ticket(s).
AND, IF the location of the event is in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina or Wisconsin, the seller MUST:
  1. Restrict sale to the face value of the ticket(s).
  2. Enter the face value of the ticket(s) as the Price during the ad submission process. Event ticket ads which do not comply with these Guidelines, the Terms of Use, the Privacy Policy and all applicable laws and regulations are subject to removal, at Boxcar's sole discretion. Please be aware that event tickets are regulated by state and/or local laws in many jurisdictions and compliance with these Guidelines do not ensure that a seller's ad is legal or allowed on Boxcar. IT IS THE RESPONSIBILITY OF SELLERS AND BUYERS USING BERKSHIREADS.COM TO LOCATE, UNDERSTAND AND ACT CONSISTENTLY WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE OR REGULATION THAT MAY PROHIBIT OR RESTRICT THE SALE OF ANY ITEM TO BE LISTED. Boxcar encourages users to research the relevant laws and regulations when posting an ad for tickets. If you feel an ad may be in violation, please report it to Paul Renaud at prenaud@berkshireads.com.

OTHER IMPORTANT RULES

  1. Other Rules Regarding Classifieds. Additional rules for BerkshireAds.com are posted on the Terms of Use, the Privacy Policy and at various places within BerkshireAds.com. Boxcar, in its sole discretion, may change these rules without notice.
  2. Real Estate. All real estate advertising on the BerkshireAds.com web site is subject to Boxcar's Guidelines, Terms of Use, the Privacy Policy, and the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." Seller's and buyer's state or local jurisdiction may impose additional requirements.

REPORTING ABUSE

If seller or buyer finds an offensive or worrisome ad, please inform BerkshireAds.com by sending an e-mail to Paul Renaud at prenaud@berkshireads.com. BerkshireAds.com reserves the right to determine what action is necessary.

REMINDER OF BOXCAR'S DISCLAIMER

THE CONTENT OF THE ADVERTISEMENTS THAT APPEAR ON BERKSHIREADS.COM IS THE SOLE RESPONSIBILITY OF THOSE PERSONS POSTING THE ADS. AS SET FORTH IN BOXCAR'S GUIDELINES, Terms of Use AND Privacy Policy, BERKSHIREADS.COM DOES NOT CONTROL THE CONTENT OF THE ADS AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF ANY INFORMATION CONTAINED IN THE BERKSHIREADS.COM LISTINGS OR IN ANY OF THE PRODUCTS OR SERVICES LISTED ON BERKSHIREADS.COM. BERKSHIREADS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE INFORMATION CONTAINED IN THE CLASSIFIEDS. BERKSHIREADS.COM DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

BerkshireAds.com reserves the right to remove ads at any time for any reason. Seller is solely responsible for content. By posting an ad in BerkshireAds.com, seller agrees that he/she will not post any material that is libelous, defamatory, or unlawful, or that violates or infringes any trademark, copyright, or similar rights of others.

BOXCAR'S RIGHT TO TERMINATE

Boxcar, in its sole discretion, may terminate any Classified listing or member's Classified Number and/or Password immediately and without notice if (a) Boxcar believes that seller, buyer or member has acted inconsistently with the spirit or the letter of the Boxcar Guidelines, Terms of Use or Privacy Policy, or (b) Boxcar believes seller or buyer has violated or tried to violate the rights of others. If seller or buyer sees a listing that violates any BerkshireAds.com rules, please contact Paul Renaud at prenaud@berkshireads.com.

BerkshireAds.com reserves the right to change or modify these guidelines at any time.

Berkshire Ads
102 Main Street, North Adams, MA 01247
Tel: 413.663.3384 • Fax: 413-473-8799
A boxcarmedia design
102 Main Street, North Adams, MA 01247
Tel: 413.663.3384 • Fax: 413-473-8799