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ATS Leader, L.P. (the "ATS Leader") is providing a service (the "Service") for users to create an account, make online purchases and submissions of advertisements for certain products and services ("Advertisements") and to obtain related products and services.

By using the Service, you agree to these terms and conditions of use (the "Terms and Conditions"), which supplement the "Terms of Service" and "Privacy Policy" for the atsusa.com website, both incorporated herein by reference.

The ATS Leader reserves the right to modify or amend the Terms and Conditions or the features of the Service at any time without notice to you. The most current version of these Terms and Conditions can be found at the ATS Leader's website, currently located at http://www.atsusa.com (the "Website"). Use of the Service is subject to the Terms and Conditions in effect at the time of use.

To use the Service, you may be required to create a user account with a password. You agree to maintain the confidentiality of your user account information and password and you agree not to use your user account or password for any unauthorized purpose. You are responsible for actions undertaken by those using your user account and password. The ATS Leader, in its sole discretion, may suspend or terminate your user account without notice if you or anyone using your user account or password violates or attempts to violate these Terms and Conditions.

You are solely responsible for any descriptions, photographs, hyperlinks, historical information, biographical information and other material (collectively "Content") submitted for your Advertisement(s) or Profile(s).

You understand and agree that the ATS Leader does not control and is not responsible for the Content. The ATS Leader shall have the right (but not the obligation) in its sole discretion to limit, omit, reject, delete or edit the Content at any time.

By submitting any Content, you certify that the Content complies with these Terms and Conditions.

When you purchase an Advertisement to appear online and in print, subject to these Terms and Conditions and the ATS Leader's right to limit, omit, reject, delete or edit any Content, the Advertisement will appear on the Website and in print in accordance with the terms of your purchase. Your Advertisement will appear in print and on the Website for the purchased period of time unless (a) it is deleted by the ATS Leader for noncompliance with these Terms and Conditions, or (b) you contact the ATS Leader at 978-849-0533 and request that they terminate your Advertisement. No credit or refund will be granted upon such early termination.

You may be provided the opportunity to include in an Advertisement photographs and/or other data, including links. Any photograph or other material that you submit must depict the item advertised and comply with these Terms and Conditions. The ATS Leader may, in its sole discretion, reject, delete, resize or reformat any photograph or other material submitted.

After you click "Purchase Ad," you may be able to change your advertisement by calling the ATS Leader. You must check Content for errors before clicking "Purchase Ad." The ATS Leader assumes no responsibility for errors.

Only private party advertisers may submit advertisements in the Autos, Merchandise, Pets, Announcement and Greetings categories using the Service. Commercial advertisers wishing to submit advertisements in the above categories for publication on atsusa.com should contact the ATS Leader Classified advertising department at 978-849-0533 to purchase an ad.

Both private party and commercial advertisers may submit advertisements in the Jobs and Services categories using the Service. Any Jobs or Services ads placed through this tool shall be non-commissionable to advertising agencies. Ads posted in the Jobs category will be published online on Yahoo! Hot Jobs. Your use of Yahoo! Hot Jobs is subject to the Yahoo! Terms of Service and privacy policy.

These Terms and Conditions do not apply to the purchase of an Advertisement in the Real Estate category. For terms and conditions governing the use of the ATS Leader's online real estate classified advertisement service, please click here.

5. Payment Terms In order to purchase an Advertisement through the Service, you will be required to provide a valid credit card or other payment method (your "Payment Method"). By purchasing an Advertisement through the Service, you authorize the ATS Leader to bill your Payment Method for any Advertisements purchased by you and for any additional charges or fees that you authorize. The Payment Method that you provide will automatically be billed when you click "Purchase Ad." All purchases are final. All currency references are in U.S. dollars. Unless the ATS Leader, in its sole discretion, expressly provides otherwise in writing, all purchases are non-refundable. In order to process your Payment Method, the ATS Leader may provide information regarding your Payment Method and user account to a third-party processor (the "Payment Processor"), such as PayPal. The ATS Leader makes no representations about any Payment Processor's privacy practices.

The ATS Leader may, in its sole discretion, from time to time, make Advertisements available for purchase in Packages. The ATS Leader reserves the right to limit, modify, amend, supplement, suspend or discontinue any Package offering at any time.

The ATS Leader may contact you regarding your Advertisement(s). Failure to provide correct and up-to-date contact information, including an email address and telephone number may result in rejection of, or a delay in the publication of, your Advertisement.

By using the Service, you grant the ATS Leader a perpetual, universal, nonexclusive, royalty-free right and license to use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have distributed, and promote your Advertisement(s) and any Content that you submit, in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses without review or approval by you. You waive any moral right you may have in having the Advertisement(s) or the Content used, reproduced, edited, removed, modified, published, transmitted, displayed, distributed or promoted in a manner not agreeable to you.

You agree to indemnify and hold harmless the ATS Leader, its officers, partners, parents, subsidiaries, affiliates, successors, employees and agents harmless from any claim or demand, damages, judgments, losses and expenses, including reasonable attorneys' fees and costs, arising out of or relating to (a) your Advertisement(s) ; (b) your use of the Service; (c) any Content that you submit; (d) any violation by you of these Terms and Conditions; (e) any action by you that violates any law, regulation or any right of any other person or entity; and (f) any unauthorized use of your account designation or password.

The ATS Leader does not knowingly collect or solicit personally identifiable information from or about children under 13. By using the Service, you certify that you are at least 13 years of age and that you are of legal age to form a binding contract.

Your use of the Website is subject to the Terms of Service. These Terms and Conditions supplement the Terms of Service, and the Terms of Service remain in full force and effect.

The ATS Leader has established a Privacy Policy that explains how information is collected and used. By using the Service, you acknowledge that you consent and agree to the Privacy Policy.

When you use the Service, you submit and the ATS Leader collects personally identifiable information about you. You acknowledge, consent and agree that the ATS Leader may access, preserve and disclose that information to third parties, including the Payment Processor: (a) to process your Payment Method for your purchases; (b) to communicate with you regarding Advertisements; (c) to enforce these Terms and Conditions; (d) to respond to any allegation that Content violates applicable law or the rights of any third party; (e) to respond to requests for customer service; (f) to communicate with you regarding changes or enhancements in the classified advertising section of the Website; (g) for other purposes related to the business relationship between you and the ATS Leader; or (h) for any other purpose disclosed in the Privacy Policy.

Any information that you include in the display fields for an Advertisement including the description field, subject to these Terms and Conditions, will be shown in your online Advertisement and may be shown in your print Advertisement, as specified when you edit and post your Advertisement. This may include personal contact information such as your name, address, email address and telephone number. If you do not want this information to be disclosed in your Advertisement, do not include the information in the display fields.

From time to time, you may receive information from the ATS Leader relating to your account, the Service, Advertisements you have submitted for publication, and promotions and offers directly from the ATS Leader. By registering and agreeing to these Terms and Conditions you agree that the ATS Leader may contact you about your account, Advertisements you submit, the Service and ATS Leader promotions and offers. You may also decline to receive promotions and offers directly from the ATS Leader by clicking "unsubscribe" or a similar link in any email you receive from the ATS Leader, but you may still receive emails about your account, the Service or the Advertisements you submit for publication. You will not receive emails, offers or information from third parties unless you later agree to receive such information.

These Terms and Conditions shall be governed by and to be construed and enforced in accordance with the substantive laws of the State of New York.

Any dispute arising between the parties relating to or involving the Service or these Terms and Condition will be litigated in a New York State court or a Federal court of the United States of America, sitting in the County of New York, State of New York, and any appellate court from any thereof. Each of you and the ATS Leader unconditionally submits to the exclusive jurisdiction of such courts in any action or proceeding arising out of or relating to the Service or the Terms and Conditions, and waives, to the fullest extent it may legally and effectively do so, any objection or defense which it may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding. Each of you and the ATS Leader agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

You expressly agree that the use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis, without any warranties of any kind. To the fullest extent permitted by law, the ATS Leader expressly disclaims all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights with respect to the Service or regarding the results that may be obtained from the use of the Service. To the fullest extent permitted by law, the ATS Leader disclaims any representation or warranties that the Service or the Website will be uninterrupted, timely, secure, reliable, accurate or without defect or error free. Some jurisdictions limit the disclaimer of implied warranties; in such jurisdictions certain of the foregoing disclaimers of implied warranties may not apply.

The ATS Leader shall in no event be liable for any damages or losses, including without limitation, indirect, consequential, special, incidental, exemplary or punitive damages, even if the ATS Leader has been advised of the possibility of such damages, resulting from, caused by or relating to: (a) the Service, including without limitation, defects, downtime, interruption, suspension, modification, alteration, or termination of the Service; (B) the Website, including without limitation, defects, downtime, interruptions, suspensions, modifications or alterations of the Website; (c) your Advertisement(s); (d) the Content, including, without limitation, errors in the Content; and (e) any interaction between you and any other party.

The ATS Leader will not be liable for failure of the service, or failure to display or publish any Advertisement because of acts of God, war, fire, riots, strikes, labor disputes, government action, breakdown of equipment, unavailability of the Internet or any other circumstance beyond the ATS Leader's control.

If an Advertisement does not appear correctly due to an error by the ATS Leader and the ATS Leader is notified of that error promptly, the ATS Leader may issue a credit to allow the Advertisement, as corrected, to appear for the purchased duration. In no event will the ATS Leader's liability for any error in an advertisement caused by the ATS Leader exceed the issuance of such a credit.

If you are dissatisfied with the Service, or do not agree with these Terms and Conditions, your only recourse and exclusive remedy shall be to refrain from using the Service.

In some jurisdictions, the extent of limitations of liability is restricted. In such jurisdiction, some of the foregoing limitation may not apply.

If any portion of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful, void, invalid or otherwise unenforceable, then the court shall endeavor to give effect to the parties' intention as reflected in that portion and the portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining portion, which will remain in full force and effect.

The section titles used in the Terms and Conditions are for convenience of reference only, are not intended to be considered a part hereof, and shall not modify or restrict any of the terms or provisions hereof or be taken into consideration in interpreting or construing the Terms and Conditions.

The failure of the ATS Leader to exercise or enforce any portion of these Terms and Conditions shall not constitute a waiver or modification of any such right or position.

These Terms and Conditions, along with the Terms of Service and the Privacy Policy, constitute the entire agreement between you and the ATS Leader with respect to the subject matter hereof and supersede any other agreements, written or oral.

Terms and Conditions of Use