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Terms of Service

Last revised: August 17, 2018

Thanks for choosing Pongia.com and taking the time to review the Terms of Service. The following documents, including those referenced in the Terms of Service may be referred to as the “Terms”, Pongia.com, LLC as “we”, ”us”, ”our”, the User or Member as “you”, “your” or “their” and Pongia.com, our Website, Mobile Services, and Electronic Communications as the “Services”. By using our Services, you confirm that you are at least eighteen (18) years of age and agree to these Terms of Service.

1. Use of Our Services
Pongia.com is an online marketplace and promotional venue. Members may shop or post products, services, vehicles or real estate listings on our website or mobile services. Users may browse listings, contact sellers using our in-house messaging system and buy goods or services listed on Pongia.com by other Members. Please review Buying and Selling on Pongia.com for more information. If you register for a Pongia.com account as a Business Representative you warrant that you are authorized to do so. Pongia.com accounts may not be shared and are not transferable. You are responsible for your account or any account you represent. You are also responsible for all taxes and to abide by any applicable laws. Furthermore, you agree to use our Services in only lawful ways. Some items and services are restricted and may not be posted on Pongia.com. Please review our Restricted Items and Services Agreement prior to creating a listing as failure to abide by these Terms may result in the removal of your listings or cancellation of your account. You agree that these responsibilities lie solely with you and we have no obligation to monitor advertisements or transactions for legality. We reserve the right to refuse service, discontinue accounts and edit or remove listings or content at our sole discretion without compensation or refund. Pongia.com respects your privacy and rights. We do not sell your personal information to other parties and maintain strict security protocols to ensure the protection of our Services. Please review our Privacy Policy for more information.

2. Advertisements
Pongia.com is supported in part by advertisements but we do not necessarily sponsor, endorse or warrant the content of those advertisements, the advertisers or any third-party websites or services. Pongia.com is not liable or responsible for any products, services or actions by these or any other third parties.

3. Limitation of Liability and Warranties Disclaimed
USE OF PONGIA.COM SERVICES IS AT YOUR SOLE RISK AND DISCRETION. PONGIA.COM’S INTENT IS TO PROVIDE EXCELLENT SERVICE TO OUR CUSTOMERS BUT WE DO NOT WARRANT ANY ASPECTS OF SERVICES PROVIDED BY US, AFFILIATES OR THIRD PARTIES PARTICIPATING. PONGIA.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER INDIRECT, CONSEQUENTIAL OR INCIDENTAL RESULTING FROM THE USE OF OUR SERVICES, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PONGIA.COM LLC, OUR AFFILIATES, OFFICERS, EMPLOYEES, ASSOCIATES AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, ASSESSMENTS, OR JUDGMENTS ASSERTED, AND ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO ATTORNEY FEES, ACCOUNTING FEES, INVESTIGATION COSTS, LOST DATA, INCOME OR PROFITS TO THE EXTENT PERMITTED BY LAW. WE ARE NOT RESPONSIBLE FOR TECHNICAL INABILITY TO ACCESS OUR WEBSITE, OR ANY PORTION THEREOF. LISTINGS ARE DEEMED TO BE IN THE CONDITION NOTED IN THE DESCRIPTIVE SECTION OF THE LISTING, AND PROFESSIONAL SERVICE PROVIDERS TRAINED AND LICENSED AS DESIGNATED, BUT WE DO NOT WARRANT THE INFORMATION PROVIDED AND POSTED BY ANY PARTICIPANT. PRODUCTS OR SERVICES PROVIDED ARE NOT WARRANTED OR ENDORSED BY US. YOU SHOULD VIEW ALL PURCHASES TO BE “AS IS”. PURCHASES AND SERVICE AGREEMENTS ARE AT YOUR SOLE DISCRETION. ANY CLAIMS REGARDING PURCHASES OR SERVICES BETWEEN YOU AND A THIRD PARTY USING PONGIA.COM’S SERVICES, OR COMPANIES ADVERTISING ON OUR WEBSITE MUST BE RESOLVED BETWEEN YOU AND THE THIRD PARTY. TRANSACTIONS WITH OUTSIDE PARTIES ARE SUBJECT TO YOUR INDIVIDUAL AGREEMENTS WITH THOSE OUTSIDE PARTIES.

4. Copyrights, Submissions and Misuse
The content of our Services are the property of Pongia.com and protected under US and International Copyright Laws. You may not copy, change, distribute or sell any of our Services. Software may not be reverse engineered nor code resources extracted. Your submissions of feedback, suggestions, photos, ads or other content grant to us a perpetual, royalty free, irrevocable, nonexclusive, fully sublicensable and transferable right and license to use, modify, alter, reproduce, translate, create derivative works from, publicly perform, distribute and display such content internationally in any form, media or technology. Your intellectual property rights remain your own. Third party information is subject to individual owner’s restrictions. Should you have concerns in regard to copyright infringement or other violations in listings on Pongia.com, such as violations to the Restricted Items and Services Agreement, please contact us.

5. About our Terms
Pongia.com reserves the right to alter the Terms at anytime at our sole discretion. Revisions to the Terms will be posted on our website and become effective upon posting. If changes are made for security or legal purposes or to reflect changes to laws we may do so without prior notice. Pongia.com may re-assign our Terms or Services or be succeeded by us at our sole discretion at anytime. You will be notified of re-assignment or succession via e-mail or our website. If you do not agree with the Terms, please do not use our Services.

Provisions that logically should survive termination of this agreement, including, but not limited to Indemnification and Limitation of Liability will survive.

Though we may not take a specific action at any point, we waive no rights to take any action at a later time.

These Terms do not create an affiliation, partnership, joint venture or other association of any kind between persons or entities referenced herein.

These Terms will control over any conflicts in any referenced document within these Terms.

If a provision of these Terms is not enforceable, the other provisions of these Terms are not affected and remain in full force and effect.

The laws of the state of Florida, U.S.A., the Federal Arbitration Act and applicable federal regulations govern these Terms, Services and any disputes relating to or arising from the Terms or Services.

Using our Services may involve the use of third party services, such as a mobile platform provider or wireless carrier. These third party services may be contingent on different terms of use, fees and policies of these third parties.

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