Visitor Agreement

 

Welcome to Where & When and Engle Printing & Publishing Co. Inc. ("Engle") family of websites, which includes: www.engleonline.com, www.whereandwhen.com, www.antiquesandauctionnews.net, www.innsandbandbs.com, www.dininginpa.com, www.epcclassifieds.com, www.centralpaclassifieds.net, www.merchandiserclassifieds.com, www.advertiserclassifieds.com, www.communitycourierclassifieds.com, www.pennysaverclassifieds.net, www.shopperclassifieds.net. By using these websites, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and Engle; please read it carefully.

1. General Provisions

Engle respects your privacy. Please take a moment to review our privacy policy, which, among other things, provides how Engle will handle and maintain your personal information.

We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to our Customer Service Manager, along with an explanation of your objection. The Customer Service Manager can be reached by US Mail at: Customer Service Manager, Engleonline.com, PO Box 500, Mount Joy, PA 17552.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by email by visiting the contact us page on this website or by U.S. Mail to: Engleonline.com Copyright, PO Box 500, Mount Joy, PA 17552.

The Web is an evolving medium. Engle may change the terms of this agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. Engle may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

The material that appears on Engle is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Engle reserves the right to exercise its discretion in the acceptance of all advertisements and to edit or condense any ad based on it's standards of publication. Before purchasing goods or services you've read about on Engle, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. Engle is not responsible for, and does not guarantee the performance of, any such goods or services. Engle is not responsible or liable for the condition, disposition or availability of any article advertised, and disclaims any warrant, expressed or implied, of any item published herein. Although extreme care and diligence is taken in checking ad copy for accuracy, Engle or the advertiser are not responsible for composition errors, mistakes or misprints.

2. Buying and Selling items

Some parts of Engle are a classified listing and information service that brings together buyers and sellers of all types of items. Information about a particular item or listing is supplied by the seller, not by Engle. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers of vehicles on Engle often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular item. Though we hope that all who come to Engle will act honorably and treat each other fairly, we can't verify the information sellers supply or guarantee the items they offer. Nor can we assure the seller of a item that the payment he/she gets from the buyer is secured funds. When using this website to find a buyer for your item or a item you can buy, we urge you to use the same common sense and good judgment you would use in selling a item through, or responding to, a classified ad in the newspaper.

When you offer a item for sale through Engle, you must be prepared to sell that item at the price at which, and the terms on which, you've listed it. You must have possession of the actual item listed and the ability to transfer title. To list a item for sale on Engle, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any item listed for sale on Engle, nor may you use our website to promote, without our prior written permission, any other website, product or service. Engle reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we deem, in our sole discretion, to be inappropriate.

Responsibility for the information contained in ads lies with each seller. You alone are responsible for material you post through Engle. Nothing will undermine a user's confidence in the item you're looking to sell faster than inaccurate statements or misleading representations about the item. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat Engle users fairly and honorably.

Though we can't monitor every transaction that originates on Engle, we may perform random quality assurance tests to confirm that those who offer items for sale over Engle are prepared to sell the items they advertise at the prices at which, and the terms on which, they advertise them. By using our website to sell your item, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in "bait and switch" or other unfair or deceptive practices, Engle reserves the right to deny that seller use of our website to that individual or business.

Although Engle cannot monitor all the listings posted to our website, we reserve the right (but assume no obligation) to delete, move, or edit any ads or other postings that come to our attention that we deem, in our sole discretion, to be unacceptable or inappropriate, whether for legal or other reasons. By using Engle you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy Engle. We retain the right to deny access to anyone who we believe may have violated these terms or any other term of this agreement.

By placing an ad through our website, you agree to pay the fees specified for the package you select, regardless of whether your item sells as a result of the listing. Take care when selecting your ad package and inputting your ad information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your item. See Below for our Refund Policy.

Our used car listings include vehicles that have been "certified" as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned vehicle programs. The decision to certify any particular vehicle is made by the certifying manufacturer or dealer, and the vehicle information included in Engle's certified vehicle listing is provided by the listing dealer. Neither Engle nor the manufacturer is responsible for the accuracy of any information contained in a certified vehicle listing and only the manufacturer or dealer that certifies a vehicle is responsible for the decision to certify that vehicle. You should familiarize yourself with the terms of the applicable certification program before buying any certified vehicle.

3. Links to Other Sites

For your convenience, we make available links to websites operated by outside companies. We are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our site, or that may be accessible through a link from our site, and you release Engle and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.

4. Ownership and Permissions

Engle is made available for your personal, non-commercial use only. The materials on this site are the property of Engle or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on Engle should be sent to our Customer Service Manager, Engleonline.com, PO Box 500, Mount Joy, PA 17552 or to Customer Service via the contact us page.

You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Engle or any of its affiliates. However, without the prior written permission of Engle, you may not frame any of the content of Engle, nor incorporate into another website or other service any intellectual property of Engle or its licensors. Requests for permission to frame our content may be sent to our Customer Service Manager, either by email or at the address above.

The names of products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on Engle without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2000-2009 Engle, and/or its licensors. All rights reserved.

You will not use Engle to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to Engle, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner. By submitting material to Engle you are permanently granting Engle all rights to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.

5. Disclaimer of Warranties, Limitation of Liability and Indemnification

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." ENGLE AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL ENGLE OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT, OUT-OF-POCKET DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF ENGLE AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

ALL USERS OF THIS WEBSITE HEREBY INDEMNIFY AND HOLD HARMLESS ENGLE AND ITS AFFILIATES, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEY’S FEES) AND DAMAGES ARISING FROM THE USER’S USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, USES THAT ARE DEEMED BY A COURT OF COMPETENT JURISDICTION TO BE NEGLIGENT, FRAUDULENT OR DECEPTIVE.

6. Ad Refunds

Engle adheres to the following policy with respect to requests for refunds of ad fees:

a. Engle will not provide any refund, for any reason, if Engle receives the request for refund more than 48 hours after an Ad has been ordered.

b. If you call within 48 hours of ordering an Ad, Engle will provide a refund only for the following reasons:

(i) Your Ad has not been published and you wish to cancel the Ad (a processing fee may apply); or

(ii) You mistakenly ordered and paid for duplicate Ads through Engle and seek to cancel, and obtain a refund on, the duplicate(s) only (a processing fee may apply). We cannot, however, provide a refund on the original Ad.

c. Engle cannot provide a refund for any reason, after the ad has been processed. We also cannot provide a refund if Engle has made mistakes in the content or enhancements of the Ad. In any case where Engle has made such mistakes, we will of course make appropriate corrections to the Ad.

7. Shipping and Return of Physical products

Engle may make available for sale some physical products (such as our Auto Locator Calendar) that require shipping. In such case all shipments will be made within 3 business days after receiving all necessary authorization for payment and address confirmation. If for some reason your item cannot be shipped within this 3 business day window you will be contacted either by email or phone and given options to continue your order or cancel your order at that time.

Returns must be received within 15 days of the date of receipt in ORIGINAL, resalable condition. This will require careful packing with the original materials. Before returning any product, you must call or email with your order information and the reason for the return. We will then issue an RMA number. No returns will be accepted without an RMA number. Customers returning products are responsible for all return shipping costs. All shipping costs are non-refundable.

No exceptions will be made to the above Shipping and Return policies.

8. Miscellaneous

No spamming or data scrapping. We want potential users visiting Engle to feel free to share their email addresses with those listing items for sale on our site. By listing a items for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that item. By using this website, you agree not to use information concerning other users of Engle, or the items they've listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed item.

This Visitor Agreement has been made in, and will be construed in accordance with the laws of the Commonwealth of Pennsylvania. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Dauphin County, Pennsylvania in all disputes arising out of or relating to this Agreement or use of this website.