Terms of Use

 

 

HaitiPRO TERMS OF USE

 

 

1. ACCEPTANCE OF TERMS

 

HaitiPRO provides a collection of online resources, including listing, classified 

ads, articles, information news, (referred to hereafter as "the 

Service") subject to the following Terms of Use ("TOU"). By using the Service 

in any way, you are agreeing to comply with the TOU. In addition, when using 

particular HaitiPRO services, you agree to abide by any applicable posted 

guidelines for all HaitiPRO services, which may change from time to time.  

Should you object to any term or condition of the TOU, any guidelines, 

or any subsequent modifications thereto or become dissatisfied with HaitiPRO 

in any way, your only recourse is to immediately discontinue use of HaitiPRO.  

HaitiPRO has the right, but is not obligated, to strictly enforce the TOU 

through self-help, community moderation, active investigation, litigation and 

prosecution.

 

 

2. MODIFICATIONS TO THIS AGREEMENT

 

We reserve the right, at our sole discretion, to change, modify or otherwise 

alter these terms and conditions at any time.  Such modifications shall become 

effective immediately upon the posting thereof. You must review this agreement 

on a regular basis to keep yourself apprised of any changes. You can find the 

most recent version of the TOU at:

 

http://haitipro.net/p/terms.html 

 

 

3. CONTENT

 

You understand that all postings, messages, text, files, images, photos, 

video, sounds, or other materials ("Content") posted on, transmitted 

through, or linked from the Service, are the sole responsibility of the 

person from whom such Content originated. More specifically, you are 

entirely responsible for each individual item ("Item") of Content that you 

post, email or otherwise make available via the Service. You understand that 

HaitiPRO does not control, and is not responsible for Content made available 

through the Service, and that by using the Service, you may be exposed to 

Content that is offensive, indecent, inaccurate, misleading, or otherwise 

objectionable. Furthermore, the HaitiPRO site and Content available through 

the Service may contain links to other websites, which are completely 

independent of HaitiPRO.  HaitiPRO makes no representation or warranty as 

to the accuracy, completeness or authenticity of the information contained 

in any such site.  Your linking to any other webites is at your own risk. 

You agree that you must evaluate, and bear all risks associated with, the 

use of any Content, that you may not rely on said Content, and that under no 

circumstances will HaitiPRO be liable in any way for any Content or for 

any loss or damage of any kind incurred as a result of the use of any Content 

posted, emailed or otherwise made available via the Service. You acknowledge 

that HaitiPRO does not pre-screen or approve Content, but that HaitiPRO 

shall have the right (but not the obligation) in its sole discretion to 

refuse, delete or move any Content that is available via the Service, for 

violating the letter or spirit of the TOU or for any other reason.

 

 

4. THIRD PARTY CONTENT, SITES, AND SERVICES

 

The HaitiPRO site and Content available through the Service may contain 

features and functionalities that may link you or provide you with access 

to third party content which is completely independent of HaitiPRO, 

including web sites, directories, servers, networks, systems, information 

and databases, applications, software, programs, products or services, 

and the Internet as a whole.  

 

Your interactions with organizations and/or individuals found on or through 

the Service, including payment and delivery of goods or services, and any 

other terms, conditions, warranties or representations associated with such 

dealings, are solely between you and such organizations and/or individuals.  

You should make whatever investigation you feel necessary or appropriate 

before proceeding with any online or offline transaction with any of these 

third parties.  

 

You agree that HaitiPRO shall not be responsible or liable for any loss or 

damage of any sort incurred as the result of any such dealings. If there is 

a dispute between participants on this site, or between users and any third 

party, you understand and agree that HaitiPRO is under no obligation to 

become involved. In the event that you have a dispute with one or more other 

users, you hereby release HaitiPRO, its officers, employees, agents and 

successors in rights from claims, demands and damages (actual and 

consequential) of every kind or nature, known or unknown, suspected and 

unsuspected, disclosed and undisclosed, arising out of or in any way related 

to such disputes and / or our service. If you are a California resident, you 

waive California Civil Code Section 1542, which says: "A general release does 

not extend to claims which the creditor does not know or suspect to exist in 

his favor at the time of executing the release, which, if known by him must 

have materially affected his settlement with the debtor."  

 

 

5.  NOTIFICATION OF CLAIMS OF INFRINGEMENT

 

If you believe that your work has been copied in a way that constitutes 

copyright infringement, or your intellectual property rights have been 

otherwise violated, please notify HaitiPRO's agent for notice of claims of 

copyright or other intellectual property infringement ("Agent"), at

 

haitinet@gmail.com

 

 

Please provide our Agent with the following Notice:

 

a) Identify the material on the HaitiPRO site that you claim is 

infringing, with enough detail so that we may locate it on the website;

 

b) A statement by you that you have a good faith belief that the disputed 

use is not authorized by the copyright owner, its agent, or the law;

 

c) A statement by you declaring under penalty of perjury that (1) the above 

information in your Notice is accurate, and (2) that you are the owner of 

the copyright interest involved or that you are authorized to act on behalf 

of that owner;

 

d) Your address, telephone number, and email address; and

 

e) Your physical or electronic signature.

 

HaitiPRO will remove the infringing posting(s), subject to the the procedures 

outlined in the Digital Millenium Copyright Act (DMCA).

 

 

6. PRIVACY AND INFORMATION DISCLOSURE

 

HaitiPRO has established a Privacy Policy to explain to users how their 

information is collected and used, which is located at the following web 

address: 

 

http://haitipro.net/p/policy.html

 

Your use of the HaitiPRO website or the Service signifies acknowledgement of 

and agreement to our Privacy Policy. You further acknowledge and agree that 

HaitiPRO may, in its sole discretion, preserve or disclose your Content, 

as well as your information, such as email addresses, IP addresses, timestamps, 

and other user information, if required to do so by law or in the good faith 

belief that such preservation or disclosure is reasonably necessary to: 

comply with legal process; enforce the TOU; respond to claims that any 

Content violates the rights of third-parties; respond to claims that contact 

information (e.g. phone number, street address) of a third-party has been 

posted or transmitted without their consent or as a form of harassment; 

protect the rights, property, or personal safety of HaitiPRO, its users or 

the general public. 

 

 

7. CONDUCT

 

You agree not to post, email, or otherwise make available Content:

 

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, 

libelous, invasive of another's privacy, or is harmful to minors in any way;

 

b) that is pornographic or depicts a human being engaged in actual sexual conduct 

including but not limited to (i) sexual intercourse, including genital-genital, 

oral-genital, anal-genital, or oral-anal, whether between persons of the same or 

opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or 

masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area 

of any person;

 

c) that harasses, degrades, intimidates or is hateful toward an individual or 

group of individuals on the basis of religion, gender, sexual orientation, 

race, ethnicity, age, or disability;

 

d) that violates the Fair Housing Act by stating, in any notice or ad for

the sale or rental of any dwelling, a discriminatory preference based on

race, color, national origin, religion, sex, familial status or handicap

(or violates any state or local law prohibiting discrimination on the

basis of these or other characteristics);

 

e) that violates federal, state, or local equal employment opportunity

laws, including but not limited to, stating in any advertisement for

employment a preference or requirement based on race, color, religion,

sex, national origin, age, or disability.

 

f) with respect to employers that employ four or more employees, that

violates the anti-discrimination provision of the Immigration and

Nationality Act, including requiring U.S. citizenship or lawful

permanent residency (green card status) as a condition for employment,

unless otherwise required in order to comply with law, regulation,

executive order, or federal, state, or local government contract.

 

g) that impersonates any person or entity, including, but not limited to, a 

HaitiPRO employee, or falsely states or otherwise misrepresents your 

affiliation with a person or entity (this provision does not apply to Content 

that constitutes lawful non-deceptive parody of public figures.);

 

h) that includes personal or identifying information about another person 

without that person's explicit consent;

 

i) that is false, deceptive, misleading, deceitful, misinformative, or 

constitutes "bait and switch";

 

j) that infringes any patent, trademark, trade secret, copyright or other 

proprietary rights of any party, or Content that you do not have a right to 

make available under any law or under contractual or fiduciary relationships;

 

k) that constitutes or contains  "affiliate marketing," "link referral code," 

"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited 

commercial advertisement;

 

l) that constitutes or contains any form of advertising or solicitation if: 

posted in areas of the HaitiPRO sites which are not designated for such 

purposes; or emailed to HaitiPRO users who have not indicated in writing that 

it is ok to contact them about other services, products or commercial interests.

 

m) that includes links to commercial services or web sites, except as allowed 

in "services";

 

n) that advertises any illegal service or the sale of any items the sale of 

which is prohibited or restricted by any applicable law, including without 

limitation items the sale of which is prohibited or regulated by California 

law. 

 

o) that contains software viruses or any other computer code, files or 

programs designed to interrupt, destroy or limit the functionality of any 

computer software or hardware or telecommunications equipment; 

 

p) that disrupts the normal flow of dialogue with an excessive amount of 

Content (flooding attack) to the Service, or that otherwise negatively 

affects other users' ability to use the Service; or

 

q) that employs misleading email addresses, or forged headers or otherwise 

manipulated identifiers in order to disguise the origin of Content 

transmitted through the Service.

 

Additionally, you agree not to:

 

r) contact anyone who has asked not to be contacted, or make unsolicited 

contact with anyone for any commercial purpose;

 

s) "stalk" or otherwise harass anyone;

 

t) collect personal data about other users for commercial or unlawful 

purposes;

 

u) use automated means, including spiders, robots, crawlers, data mining 

tools, or the like to download data from the Service - unless expressly 

permitted by HaitiPRO;

 

v) post non-local or otherwise irrelevant Content, repeatedly post the 

same or similar Content or otherwise impose an unreasonable or 

disproportionately large load on our infrastructure;

 

w) post the same item or service in more than one classified category or 

forum, or in more than one metropolitan area;

 

x) attempt to gain unauthorized access to HaitiPRO's computer systems or 

engage in any activity that disrupts, diminishes the quality of, interferes 

with the performance of, or impairs the functionality of, the Service or 

the HaitiPRO website; or

 

y) use any form of automated device or computer program that enables the 

submission of postings on HaitiPRO without each posting being manually 

entered by the author thereof (an "automated posting device"), including 

without limitation, the use of any such automated posting device to submit 

postings in bulk, or for automatic submission of postings at regular intervals.

 

z) use any form of automated device or computer program ("flagging tool")

that enables the use of HaitiPRO's "flagging system" or other community

moderation systems without each flag being manually entered by the person

that initiates the flag (an "automated flagging device"), or use the

flagging tool to remove posts of competitors, or to remove posts without a

good faith belief that the post being flagged violates these TOU;

 

8. POSTING AGENTS

 

A "Posting Agent" is a third-party agent, service, or intermediary

that offers to post Content to the Service on behalf of others. To 

moderate demands on HaitiPRO's resources, you may not use a Posting 

Agent to post Content to the Service without express permission or 

license from HaitiPRO.  Correspondingly, Posting Agents are not 

permitted to post Content on behalf of others, to cause Content to 

be so posted, or otherwise access the Service to facilitate posting 

Content on behalf of others, except with express permission or 

license from HaitiPRO.

 

 

9. NO SPAM POLICY

 

You understand and agree that sending unsolicited email advertisements to 

HaitiPRO email addresses or through HaitiPRO computer systems, which is 

expressly prohibited by these Terms, will use or cause to be used servers 

located in California.  Any unauthorized use of HaitiPRO computer systems 

is a violation of these Terms and certain federal and state laws, including 

without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et 

seq.), Section 502 of the California Penal Code and Section 17538.45 of the 

California Business and Professions Code.  Such violations may subject the 

sender and his or her agents to civil and criminal penalties.

 

 

10. PAID POSTINGS

 

We may charge a fee to post Content in some areas of the Service. The fee

is an access fee permitting Content to be posted in a designated area.

Each party posting Content to the Service is responsible for said Content

and compliance with the TOU. All fees paid will be non-refundable in the

event that Content is removed from the Service for violating the TOU.

 

 

11. LIMITATIONS ON SERVICE

 

You acknowledge that HaitiPRO may establish limits concerning use of the 

Service, including the maximum number of days that Content will be retained 

by the Service, the maximum number and size of postings, email messages, or 

other Content that may be transmitted or stored by the Service, and the 

frequency with which you may access the Service. You agree that HaitiPRO 

has no responsibility or liability for the deletion or failure to store any 

Content maintained or transmitted by the Service. You acknowledge that 

HaitiPRO reserves the right at any time to modify or discontinue the 

Service (or any part thereof) with or without notice, and that HaitiPRO 

shall not be liable to you or to any third party for any modification, 

suspension or discontinuance of the Service.

 

 

12. ACCESS TO THE SERVICE

 

HaitiPRO grants you a limited, revocable, nonexclusive license to access 

the Service for your own personal use.  This license does not include: 

(a) access to the Service by Posting Agents; or (b) any collection, 

aggregation, copying, duplication, display or derivative use of the Service 

nor any use of data mining, robots, spiders, or similar data gathering and 

extraction tools for any purpose unless expressly permitted by HaitiPRO. 

A limited exception to (b) is provided to general purpose internet search 

engines and non-commercial public archives that use such tools to gather 

information for the sole purpose of displaying hyperlinks to the Service, 

provided they each do so from a stable IP address or range of IP addresses 

using an easily identifiable agent and comply with our robots.txt file. 

"General purpose internet search engine" does not include a website or 

search engine or other service that specializes in classified listings 

or in any subset of classifieds listings such as jobs, housing, for sale, 

services, or personals, or which is in the business of providing classified 

ad listing services.

 

HaitiPRO permits you to display on your website, or create a hyperlink 

on your website to, individual postings on the Service so long as such use 

is for noncommercial and/or news reporting purposes only (e.g., for use in 

personal web blogs or personal online media).  If the total number of such 

postings displayed or linked to on your website exceeds one hundred (100) 

postings, your use will be presumed to be in violation of the TOU, 

absent express permission granted by HaitiPRO to do so.  You may also 

create a hyperlink to the home page of HaitiPRO sites so long as the 

link does not portray HaitiPRO, its employees, or its affiliates in a 

false, misleading, derogatory, or otherwise offensive matter.

 

HaitiPRO offers various parts of the Service in RSS format so that users 

can embed individual feeds into a personal website or blog, or view postings 

through third party software news aggregators.  HaitiPRO permits you to 

display, excerpt from, and link to the RSS feeds on your personal website 

or personal web blog, provided that (a) your use of the RSS feed is for 

personal, non-commercial purposes only, (b) each title is correctly linked 

back to the original post on the Service and redirects the user to the 

post when the user clicks on it, (c) you provide, adjacent to the RSS 

feed, proper attribution to 'HaitiPRO' as the source, (d) your use or 

display does not suggest that HaitiPRO promotes or endorses any third 

party causes, ideas, web sites, products or services, (e) you do not 

redistribute the RSS feed, and (f) your use does not overburden 

HaitiPRO's systems.  HaitiPRO reserves all rights in the content of 

the RSS feeds and may terminate any RSS feed at any time.

 

Use of the Service beyond the scope of authorized access granted to you by 

HaitiPRO immediately terminates said permission or license.  In order to 

collect, aggregate, copy, duplicate, display or make derivative use of the 

the Service or any Content made available via the Service for other 

purposes (including commercial purposes) not stated herein, you must first 

obtain a license from HaitiPRO.

 

 

13. TERMINATION OF SERVICE

 

You agree that HaitiPRO, in its sole discretion, has the right (but not 

the obligation) to delete or deactivate your account, block your email or IP 

address, or otherwise terminate your access to or use of the Service (or any 

part thereof), immediately and without notice, and remove and discard any 

Content within the Service, for any reason, including, without limitation, 

if HaitiPRO believes that you have acted inconsistently with the letter or 

spirit of the TOU. Further, you agree that HaitiPRO shall not be liable 

to you or any third-party for any termination of your access to the Service.  

Further, you agree not to attempt to use the Service after said termination.  

Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.

 

 

14. PROPRIETARY RIGHTS

 

The Service is protected to the maximum extent permitted by copyright laws 

and international treaties. Content displayed on or through the Service is 

protected by copyright as a collective work and/or compilation, pursuant to 

copyrights laws, and international conventions. Any reproduction, 

modification, creation of derivative works from or redistribution of the 

site or the collective work, and/or copying or reproducing the sites 

or any portion thereof to any other server or location for further 

reproduction or redistribution is prohibited without the express 

written consent of HaitiPRO. You further agree not to reproduce, 

duplicate or copy Content from the Service without the express written 

consent of HaitiPRO, and agree to abide by any and all copyright notices 

displayed on the Service. You may not decompile or disassemble, reverse 

engineer or otherwise attempt to discover any source code contained in the 

Service. Without limiting the foregoing, you agree not to reproduce, 

duplicate, copy, sell, resell or exploit for any commercial purposes, any 

aspect of the Service. HaitiPRO is a registered mark in the U.S. Patent 

and Trademark Office.

 

Although HaitiPRO does not claim ownership of content that its users post, 

by posting Content to any public area of the Service, you automatically 

grant, and you represent and warrant that you have the right to grant, to 

HaitiPRO an irrevocable, perpetual, non-exclusive, fully paid, worldwide 

license to use, copy, perform, display, and distribute said Content and to 

prepare derivative works of, or incorporate into other works, said Content, 

and to grant and authorize sublicenses (through multiple tiers) of the 

foregoing. Furthermore, by posting Content to any public area of the Service, 

you automatically grant HaitiPRO all rights necessary to prohibit any 

subsequent aggregation, display, copying, duplication, reproduction, or 

exploitation of the Content on the Service by any party for any purpose.

 

 

15. DISCLAIMER OF WARRANTIES

 

YOU AGREE THAT USE OF THE HaitiPRO SITE AND THE SERVICE IS ENTIRELY AT 

YOUR OWN RISK. THE HaitiPRO SITE AND THE SERVICE ARE PROVIDED ON AN "AS 

IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL 

EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE 

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND 

NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE 

FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, 

HaitiPRO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, 

TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HaitiPRO SITE AND THE 

SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, HaitiPRO DISCLAIMS ANY 

WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE 

HaitiPRO SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON 

THE HaitiPRO SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, HaitiPRO 

DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN 

CONNECTION WITH THE HaitiPRO SITE OR THE SERVICE.  Some jurisdictions do 

not allow the disclaimer of implied warranties.  In such jurisdictions, some 

of the foregoing disclaimers may not apply to you insofar as they relate to 

implied warranties.

 

 

16. LIMITATIONS OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL HaitiPRO BE LIABLE FOR DIRECT, INDIRECT, 

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HaitiPRO 

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY 

ASPECT OF YOUR USE OF THE HaitiPRO SITE OR THE SERVICE, WHETHER THE 

DAMAGES ARISE FROM USE OR MISUSE OF THE HaitiPRO SITE OR THE SERVICE, FROM 

INABILITY TO USE THE HaitiPRO SITE OR THE SERVICE, OR THE INTERRUPTION, 

SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HaitiPRO SITE 

OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES 

INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR 

ADVERTISED IN CONNECTION WITH THE HaitiPRO SITE OR THE SERVICE OR ANY 

LINKS ON THE HaitiPRO SITE, AS WELL AS BY REASON OF ANY INFORMATION OR 

ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HaitiPRO SITE 

OR THE SERVICE OR ANY LINKS ON THE HaitiPRO SITE.  THESE LIMITATIONS SHALL 

APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, 

limitations of liability are not permitted.  In such jurisdictions, some of 

the foregoing limitation may not apply to you.

 

 

17. INDEMNITY

 

You agree to indemnify and hold HaitiPRO, its officers, subsidiaries, 

affiliates, successors, assigns, directors, officers, agents, service 

providers, suppliers and employees, harmless from any claim or demand, 

including reasonable attorney fees and court costs, made by any third party 

due to or arising out of Content you submit, post or make available through 

the Service, your use of the Service, your violation of the TOU, your 

breach of any of the representations and warranties herein, or your 

violation of any rights of another.

 

 

18. GENERAL INFORMATION

 

The TOU constitute the entire agreement between you and HaitiPRO and 

govern your use of the Service, superceding any prior agreements between you 

and HaitiPRO. The TOU and the relationship between you and HaitiPRO 

shall be governed by the laws of the State of California without regard to 

its conflict of law provisions. You and HaitiPRO agree to submit to the 

personal and exclusive jurisdiction of the courts located within the county 

of San Francisco, California. The failure of HaitiPRO to exercise or 

enforce any right or provision of the TOU shall not constitute a waiver of 

such right or provision. If any provision of the TOU is found by a court 

of competent jurisdiction to be invalid, the parties nevertheless agree that 

the court should endeavor to give effect to the parties' intentions as 

reflected in the provision, and the other provisions of the TOU remain in 

full force and effect. You agree that regardless of any statute or law to 

the contrary, any claim or cause of action arising out of or related to use 

of the Service or the TOU must be filed within one (1) year after such 

claim or cause of action arose or be forever barred.

 

 

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

 

Please report any violations of the TOU, by flagging the posting(s) for 

review, or by emailing to:

 

haitinet@gmail.com

 

Our failure to act with respect to a breach by you or others does not waive our 

right to act with respect to subsequent or similar breaches.

 

You understand and agree that, because damages are often difficult to quantify, 

if it becomes necessary for HaitiPRO to pursue legal action to enforce these 

Terms, you will be liable to pay HaitiPRO the following amounts as liquidated 

damages, which you accept as reasonable estimates of HaitiPROs' damages for 

the specified breaches of these Terms:

 

a. If you post a message that (1) impersonates any person or entity; (2) 

falsely states or otherwise misrepresents your affiliation with a person or 

entity; or (3) that includes personal or identifying information about 

another person without that person's explicit consent, you agree to pay 

HaitiPRO one thousand dollars ($1,000) for each such message.  

This provision does not apply to Content that constitutes lawful non-deceptive 

parody of public figures.

 

b. If HaitiPRO establishes limits on the frequency with which you may 

access the Service, or terminates your access to or use of the Service, you 

agree to pay HaitiPRO one hundred dollars ($100) for each message posted 

in excess of such limits or for each day on which you access HaitiPRO in 

excess of such limits, whichever is higher.

 

c. If you send unsolicited email advertisements to HaitiPRO email 

addresses or through HaitiPRO computer systems, you agree to pay 

HaitiPRO twenty five dollars ($25) for each such email.

 

d. If you post Content in violation of the TOU, other than as described 

above, you agree to pay HaitiPRO one hundred dollars ($100) for each 

Item of Content posted.  In its sole discretion, HaitiPRO may elect 

to issue a warning before assessing damages.

 

e. If you are a Posting Agent that uses the Service in violation of the

TOU, in addition to any liquidated damages under clause (d), you agree to

pay HaitiPRO one hundred dollars ($100) for each and every Item you post

in violation of the TOU.  A Posting Agent will also be deemed an agent of

the party engaging the Posting Agent to access the Service (the

"Principal"), and the Principal (by engaging the Posting Agent in

violation of the TOU) agrees to pay HaitiPRO an additional one hundred

dollars ($100) for each Item posted by the Posting Agent on behalf of

the Principal in violation of the TOU.

 

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise 

exploit for any purpose any Content (except for your own Content) in 

violation of these Terms without HaitiPRO's express written permission, 

you agree to pay HaitiPRO three thousand dollars ($3,000) for each day 

on which you engage in such conduct.

 

Otherwise, you agree to pay HaitiPRO's actual damages, to the extent such 

actual damages can be reasonably calculated. Notwithstanding any other 

provision of these Terms, HaitiPRO retains the right to seek the remedy 

of specific performance of any term contained in these Terms, or a preliminary 

or permanent injunction against the breach of any such term or in aid of the 

exercise of any power granted in these Terms, or any combination thereof.