The My Little Salesman, Inc. Network is offered to you, the user, only conditioned on your acceptance without modification of the terms, conditions and notices contained herein. "Network" also refers to all information, text and visual images, software, products and services used or available via the Network. Any and all rights not expressly granted in these Terms, Conditions and Notices (collectively, these "Terms") are reserved by My Little Salesman, Inc., reserves the right to change these Terms, at its sole discretion, at any time or from time to time. Your use of the Network means that you've read all of these Terms and agree to them. For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please email us or call My Little Salesman, Inc. at 800.493.2295.
General, Trademarks, Copyrights
My Little Salesman, Inc., a member of the Pierce Family of Companies, is the owner of all intellectual property rights (including copyrights) in the My Little Salesman, Inc. Network. Material published by My Little Salesman, Inc. on this Network may contain other proprietary notices or describe products, services, processes or technologies owned by My Little Salesman, Inc. or third parties. Nothing in these Terms or in the Network shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of My Little Salesman, Inc. or any third party, except as expressly set forth herein.
The deletion or alteration of any copyright or other proprietary notices from the Network is strictly forbidden.
"My Little Salesman Inc.com," "MyLittleSalesman.com" and certain other names or logos are trademarks of My Little Salesman, Inc., and all related product and service names, design marks and slogans are the trademarks or service marks of My Little Salesman, Inc. All other product and service marks contained herein are the trademarks of their respective owners. The "look" and "feel" of My Little Salesman, Inc.'s site (including color combinations, button shapes, layout, design and all other graphical elements) are also My Little Salesman, Inc.'s trademarks or copyrights.
All editorial content and graphics on this site, as well as the HTML and other computer programs used to generate pages, and the Website are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of My Little Salesman, Inc., which reserves all rights. Re-use of any of My Little Salesman, Inc.'s editorial content and graphics for any purpose is strictly prohibited without My Little Salesman, Inc.'s prior written permission. Please direct any requests for permission to email@example.com
Please be aware that the information, software, products and services published on this Network may include inaccuracies, typographical errors or out-of-date information. Changes are made and items added to the Network and the information on it from time to time. My Little Salesman, Inc. may make such changes or additions at any time at its sole discretion. Other Parties.
This Network may contain hyperlinks or other connections to Web sites operated by parties other than My Little Salesman, Inc., including but not limited to those of the My Little Salesman, Inc. Member companies and agencies or its advertisers (individually or collectively, as the case may be, "Members"). My Little Salesman, Inc. does not control these Web sites and is not responsible for them, including for their availability, content or any viruses accessed through them. My Little Salesman, Inc.'s inclusion of hyperlinks, distribution of listings or other connections to such Web sites does not imply any endorsement of the material on them or any association with their owners or operators.
My Little Salesman, Inc. takes no responsibility whatsoever for the activities of buyers or My Little Salesman, Inc. Member dealers and Network Partners or those Members' respective business practices (or any of the information posted or downloaded by them on the Network). Nothing on the Network shall be deemed to be an endorsement, representation or warranty with respect to any Member, applicant or other third party, whether in regard to its Web site, products, services or otherwise.
Your Use and Limited License
The My Little Salesman, Inc. Network is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Network, the My Little Salesman, Inc. Website as a whole software, products or services obtained from or available as part of or in conjunction with this Network. You are granted a non-exclusive, non-assignable and non-transferable license to use the Network only under these terms and conditions of use.
This license is not a sale of any of the owner's rights. Only you may use the My Little Salesman, Inc. Network, and you may not rent, lease, lend, sub-license or transfer the Network or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Network. You may not transfer to or store any data residing or exchanged over the My Little Salesman, Inc. Network in any electronic network for use by more than one user unless you obtain prior written permission from My Little Salesman, Inc.
The My Little Salesman, Inc. site may be used only for lawful purposes by individuals or companies seeking to purchase equipment and related items and individuals or companies seeking to sell equipment and related items. As one of the conditions of your use of the and related items Network, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Network for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). If it is discovered that you are using the MyLittleSalesman.com site for prohibited or non-permitted activities your account may be shut down, monitored or shared with law enforcement without notice to you. It is YOUR RESPONSIBILITY to ensure that your use of the Network complies with these terms, conditions and notices and to seek prior written permission from My Little Salesman, Inc. for any uses not permitted or not expressly specified herein.
Specific Prohibited Use
In connection with your use of the My Little Salesman, Inc. Network, you will not
- Transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable that may invade another's right of privacy or publicity.
- Impersonate any person or entity, including but not limited to, an My Little Salesman, Inc. official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements).
- Post or transmit any Content that contains a virus or corrupted data.
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.
- Use the Site's communication features in a manner that adversely affects the availability of its resources to other
users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text).
- Post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation or any non-equipment information such as opinions or notices, commercial or otherwise.
- Violate any applicable local, state, national or international law.
- Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
- You may not upload images, videos or other content containing nudity or offering for sale services related to dating, escort services or prostitution.
- Respond to any equipment listing on the Network for any reason other than to inquire about that piece of equipment
or seller. Communications soliciting the seller's business by our competitors are strictly prohibited.
- Delete or revise any material posted by any other person or entity.
- Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited.
- Modify or attempt to modify any material posted by any other person or entity.
- Attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers.
- Uploading, posting, emailing, or transmitting the same message, URL, or equipment listing multiple times.
Some My Little Salesman, Inc. products include email hosting services. Use of such email hosting accounts and services prohibits the spamming and unethical marketing activities, including, but not limited to:
- Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through our computer systems. Your email's "From," "To," and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.
- Using or causing to be used our computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
- The subject line cannot mislead or deceive the recipient about the contents or subject matter of the message.
- Any marketing- or sales-based email sent to multiple recipients must give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, you must comply with the CAN-SPAM Act and other applicable laws governing the use, removal and sending of commercial email. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
- 5. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
For more information regarding your responsibilities regarding spam and the CAN-SPAM Act of 2003, visit the
U.S. Federal Trade Commission website at http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm
Additional consumer spam information can be found at http://www.ftc.gov/spam/
Use of our email servers is subject to monitoring and abuse prevention as described in this section and below in the section "Monitoring."
Web Site Security Rules
Users are prohibited from violating or attempting to violate the security of My Little Salesman, Inc., including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a Network or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", or (iv) sending unsolicited e-mail, including promotions or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of Network or network security may result in civil or criminal liability. My Little Salesman, Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
By submitting (e.g., uploading) Content to the Network, you automatically grant My Little Salesman, Inc. the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with the Network), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called "moral rights" in the Content have been waived. My Little Salesman, Inc. and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Network. Without limiting the foregoing, My Little Salesman, Inc. and its designees shall have the right to remove any Content that violates these Terms or are otherwise objectionable. You agree to indemnify and hold My Little Salesman, Inc. harmless from any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any rights of another.
My Little Salesman, Inc. is under no obligation to monitor the information residing on or transmitted via this Network. However, you agree that My Little Salesman, Inc. may monitor the Network Contents to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate the Network properly or to protect itself and its users and Members; (3) enforce our anti-spam policy and prevent unauthorized use of our email servers; we will not monitor the content of individual emails, but will monitor the usage patterns for purposes of enforcing our anti-spam policy; (4) enhance or provide services on MyLittleSalesman.com and to third party companies providing services in connection with MyLittleSalesman.com; and (5) for such other purposes as it may deem reasonably necessary or appropriate from time to time. My Little Salesman, Inc. reserves the right to modify, reject or eliminate any information residing on or transmitted to its Network that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.
Disclaimer of Liability
MY LITTLE SALESMAN, INC. IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION GIVEN OR DISCLOSED BY My Little Salesman, Inc. OR ON OR THROUGH THE MY LITTLE SALESMAN, INC. NETWORK. ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT THERETO ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MY LITTLE SALESMAN, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MY LITTLE SALESMAN, INC. NETWORK, INFORMATION OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE SAME (OR ANY LINKED SITE), OR FOR ANY INFORMATION OBTAINED FROM MY LITTLE SALESMAN, INC., THROUGH THE MY LITTLE SALESMAN, INC. NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE MY LITTLE SALESMAN, INC. NETWORK OR INFORMATION, THE INTERNET GENERALLY, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF MY LITTLE SALESMAN, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, EXCEPT TO THE EXTENT INJURY IS CAUSED BY THE DELIBERATE OR GROSSLY NEGLIGENT CONDUCT OF MY LITTLE SALESMAN, INC. OR ITS PERSONNEL. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MY LITTLE SALESMAN, INC. MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT OF THE CHARGES BILLED BY MY LITTLE SALESMAN, INC. TO THE CLAIMANT DURING THE MONTH OR MONTHS SUCH DAMAGES WERE INCURRED. SPECIFICALLY, AND WITHOUT LIMITING THE SCOPE OF THE OTHER LANGUAGE IN THIS PARAGRAPH, BECAUSE OF THE INHERENT UNPREDICTABILITY AND VARIABILITY OF VARIOUS COMPUTERS AND SYSTEMS, MY LITTLE SALESMAN, INC. CANNOT CONTROL THEIR PERFORMANCE, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE OPERATION OR NON OPERATION OF COMPUTERS AND SYSTEMS OF USERS OF THE MY LITTLE SALESMAN, INC. NETWORK AND INFORMATION FROM MY LITTLE SALESMAN, INC.; THAT IS, IF YOUR SYSTEM OR ANY PART THEREOF FAILS FOR ANY REASON, REPAIR OF THE SAME AND RESPONSIBILITY FOR ANY RESULTING INJURY LIES SOLELY WITH YOU, AND NOT MY LITTLE SALESMAN, INC.. AS USED IN THIS PARAGRAPH, THE FOLLOWING TERMS HAVE THESE MEANINGS: "INFORMATION" MEANS ANY INFORMATION, MATERIAL, APPARATUS, PRODUCT, ADVICE, SOFTWARE, SERVICE OR PROCESS; "MY LITTLE SALESMAN, INC." MEANS MY LITTLE SALESMAN, INC.; "MY LITTLE SALESMAN, INC. NETWORK" MEANS ALL SYSTEMS, SERVICES AND WEBSITES (INCLUDING BUT NOT LIMITED TO ALL PARTS THEREOF, LINKS PROVIDED THEREIN, CONTENT OF LINKED SITES, AND WEBSITE HOSTING) CREATED OR PROVIDED BY MY LITTLE SALESMAN, INC.
You agree that no joint venture, partnership, employment or agency relationship exists between you and My Little Salesman, Inc. (or any of My Little Salesman, Inc.'s Members) as a result of this agreement or your use of this Network.
My Little Salesman, Inc.'s performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them will diminish My Little Salesman, Inc.'s right to comply with law enforcement requests or requirements relating to your use of the Network or information provided to or gathered by My Little Salesman, Inc. with respect to such use.
These terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding My Little Salesman, Inc., its Network or the information thereon. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Certain Rights & Obligations; Modification
My Little Salesman, Inc. shall have the right to terminate your ability to access this service at any time without notice and to discontinue or modify any of the information contained on this service, or the service, at any time. My Little Salesman, Inc. shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without My Little Salesman, Inc.'s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
Enforcement and Interpretation
These terms shall be governed by the internal laws of the state of Texas in the United States of America and relevant federal laws of the United States of America, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Travis County, Texas, U.S.A. Use of this Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, My Little Salesman, Inc. will be entitled to equitable relief upon a breach of them by you.
Payment for Products and Services
My Little Salesman, Inc. offers products and services. The products and services may or may not be browser-based web applications. Products or services that require payment include: items (“listings”) that are offered for sale or auction to other My Little Salesman, Inc. customers and website viewers, enhanced listings, and Inventory Mover™, website banner advertisements, enhanced lead services and other products or services that My Little Salesman, Inc. may offer for sale from time to time. By entering into this agreement, you give My Little Salesman, Inc. the right to make charges against the credit card you have entered as payment for the selected products and services. My Little Salesman, Inc will charge this card based on the product you have purchased, including possibly the Inventory Mover™ subscription term you have selected as follows:
- All subscribers can see the term of their subscriptions or services in their user account dashboard. Whenever applicable My Little Salesman, Inc. will send an email reminder ten days prior to the expiration of their Inventory Mover™ subscription. It is the customer’s responsibility to maintain an up to date email address and to whitelist My Little Salesman, Inc. emails in order better guarantee delivery of such notices.
- My Little Salesman, Inc. is under no obligation to give refunds for products or services purchased with a credit card. Under normal circumstances, products or services ordered will be provided until the end of the term purchased.
- Subscription packages in the Inventory Mover™ Standard Dealer program may not be changed during the effective term of subscription (i.e. a subscriber cannot change from 3 months to 6 months during the current subscription). Changes to the length of subscription are allowed at renewal and require the subscriber to make the change in the user’s online administrative area or contact My Little Salesman, Inc. to request the change.
- 4. The exception to this condition is in the case of a Standard Package subscriber moving to an Inventory Mover™ Premium or Elite Package. For details on this contact a My Little Salesman, Inc. sales representative. For a description of the features and functionality included in each of the My Little Salesman, Inc. product offerings, visit the My Little Salesman, Inc. website at www.mylittlesalesman.com.