TERMS OF USAGE, PRIVACY POLICY, SAFETY INFORMATION TO HELP KEEP YOU SAFE FROM SCAM ADS 

(READ EVERY WORD BEFORE USING KEARNY CLASSIFIEDS)

WELCOME TO KEARNY CLASSIFIEDS. We hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile app (“App”), or any associated content/postings (together, “KC”), you agree to these Terms of Use (“TOU”). You acknowledge and agree KC is a private site owned and operated company. If you are accessing or using KC on behalf of a business, you represent and warrant to KC that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use KC or download the App. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use KC. Our privacy policy below, and all other policies, site rules, and agreements referenced below or on KC, are fully incorporated into this TOU, and you agree to them as well.

LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use KC and be bound by the TOU, or (2) use KC on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use KC in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from KC, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with KC, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect KC content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of KC’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse KC’s flagging or reporting processes. You agree not to collect KC user information or interfere with KC. You agree we may moderate KC access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available KC or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide KC, (iii) combine or integrate KC or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects KC or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use KC or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

LIQUIDATED DAMAGES. You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting KC users’ information, including personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of KC without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of KC – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of KC – the price per post applicable to that section of KC; (F) sending an unauthorized/unsolicited email to an email address obtained from KC – $25 per violation; (G) using KC user information to make/send an unauthorized/unsolicited text message, call, or communication to a KC user – $500 per text/call/communication; (H) creating a misleading or unlawful KC account or buying/selling a KC account – $4 per violation; (I) abusing or attempting to abuse KC’s flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting KC content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of KC in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

FEES. When you make a paid posting, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

DISCLAIMER & LIABILITY. To the full extent permitted by law KC and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“KC Entities”) (1) make no promises, warranties, or representations as to KC, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide KC on an “AS IS” and “AS AVAILABLE” basis and any risk of using KC IS ASSUMED BY YOU; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with KC. KC Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to KC, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to KC (“Claims”) will be governed by the internal laws of NEW JERSEY, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in KEARNY, NJ (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in KEARNY, NJ; (2) indemnify and hold KC Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of KC; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit. BY USING KC, YOU RELEASE KC OF ANY AND ALL LIABILITY, USE AT YOUR OWN RISK.

TRADEMARKS. KEARNY CLASSIFIEDS, “KC” and its logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.

MISC. Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access KC thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.

Privacy Policy:

Protecting your privacy

  • We take precautions to prevent unauthorized access to or misuse of data about you.
  • We do not run ads, other than the classifieds posted by our users, or those purchased by users.
  • We do not share your data with third parties for marketing purposes.
  • We do not engage in cross-marketing or link-referral programs.
  • We do not employ tracking devices for marketing purposes.
  • We do not send you unsolicited communications for marketing purposes.
  • We do not engage in affiliate marketing (and prohibit it on KC).
  • We do provide email proxy & relay services to reduce unwanted email.
  • Please review privacy policies of any third party sites linked to from KC.
  • We do not respond to “Do Not Track” signals

Safety:

Avoiding Scams

Deal locally, face-to-face —follow this one rule and avoid 99% of scam attempts.

  • Do not provide payment to anyone you have not met in person.
  • Beware offers involving shipping – deal with locals you can meet in person.
  • Never wire funds (e.g. Western Union) – anyone who asks you to is a scammer.
  • Don’t accept cashier/certified checks or money orders – banks cash fakes, then hold you responsible.
  • Transactions are between users only, no third party provides a “guarantee”.
  • Never give out financial info (bank account, social security, paypal account, etc).
  • Do not rent or purchase sight-unseen—that amazing “deal” may not exist.
  • Refuse background/credit checks until you have met landlord/employer in person.

Who should I notify about fraud or scam attempts?

United States

If you are defrauded by someone you met in person, contact your local police department.

If you suspect that a kearnyclassified’s post may be connected to a scam, flag it immediately, and please us the details so we can keep it on record.


Recognizing scams

Most scams attempts involve one or more of the following:

  • Email or text from someone that is not local to your area.
  • Vague initial inquiry, e.g. asking about “the item.” Poor grammar/spelling.
  • Western Union, Money Gram, cashier check, money order, Paypal, Zelle, shipping, escrow service, or a “guarantee.”
  • Inability or refusal to meet face-to-face to complete the transaction.

Examples of Scams

1. Someone claims your transaction is guaranteed, that a buyer/seller is officially certified, OR that a third party of any kind will handle or provide protection for a payment:

  • These claims are fraudulent, as transactions are between users only.
  • The scammer will often send an official looking (but fake) email that appears to come from craigslist or another third party, offering a guarantee, certifying a seller, or pretending to handle payments.

2. Distant person offers a genuine-looking (but fake) cashier’s check:

  • You receive an email or text (examples below) offering to buy your item, pay for your services in advance, or rent your apartment, sight unseen and without meeting you in person.
  • A cashier’s check is offered for your sale item as a deposit for an apartment or for your services.
  • Value of cashier’s check often far exceeds your item—scammer offers to “trust” you, and asks you to wire the balance via money transfer service.
  • Banks will cash fake checks AND THEN HOLD YOU RESPONSIBLE WHEN THE CHECK FAILS TO CLEAR, sometimes including criminal prosecution.
  • Scams often pretend to involve a 3rd party (shipping agent, business associate, etc.).

3. Someone requests wire service payment via Western Union or MoneyGram:

  • Deal often seems too good to be true, price is too low, or rent is below market, etc.
  • Scam “bait” items include apartments, laptops, TVs, cell phones, tickets, other high value items.
  • Scammer may (falsely) claim a confirmation code from you is needed before he can withdraw your money.
  • Common countries currently include: Nigeria, Romania, UK, Netherlands—but could be anywhere.
  • Rental may be local, but owner is “travelling” or “relocating” and needs you to wire money abroad.
  • Scammer may pretend to be unable to speak by phone (scammers prefer to operate by text/email).

4. Distant person offers to send you a cashier’s check or money order and then have you wire money:

  • This is ALWAYS a scam in our experience—the cashier’s check is FAKE.
  • Sometimes accompanies an offer of merchandise, sometimes not.
  • Scammer often asks for your name, address, etc. for printing on the fake check.
  • Deal often seems too good to be true.

5. Distant seller suggests use of an online escrow service:

  • Most online escrow sites are FRAUDULENT and operated by scammers.
  • For more info, do a google search on “fake escrow” or “escrow fraud.”

6. Distant seller asks for a partial payment upfront, after which they will ship goods:

  • He says he trusts you with the partial payment.
  • He may say he has already shipped the goods.
  • Deal often sounds too good to be true.

7. Foreign company offers you a job receiving payments from customers, then wiring funds:

  • Foreign company may claim it is unable to receive payments from its customers directly.
  • You are typically offered a percentage of payments received.
  • This kind of “position” may be posted as a job, or offered to you via email.

Examples of potential actual scam emails:

Hi,

I am selling this car because my platoon has been sent back to Afganistan and don’t want it get old in my backyard. The price is low because I need to sell it before November 16th. It has no damage, no scratches or dents, no hidden defects. It is in immaculate condition, meticulously maintained and hasn’t been involved in any accident…I do have the title , clear, under my name. The Denali has 35,000 miles VIN# 1GKEK63U16J138428 .
It is still available for sale if interested, price as stated in the ad $4,300. The car is in Baltimore, MD, in case it gets sold I will take care of shipping. Let me know if you are interested, email back.
Regards!!!
 

 
First of all I want to thank you for your interest for my car. I sell it at this price($2,980.00 ) because I have been divorced recently. Now the car is in my property and as a woman i don’t need it. This car is in excellent working conditions, no scratches, flaws or any kind of damage, slightly used in 100% working and looking conditions and comes with a clear title.

From the beginning you have to know that for the payment I request only secure pay, I prefer the payment to be done using eBay services. We will use a safe payment method because I am affiliated at eBay and I have a purchase protection account for $20,000.00 The final price that I want for this car is $2,980.00 including shipping and handling.

If you are interested in buying it please provide me your full name and address so I can initiate the deal through eBay.

I will wait your answer very soon.


Hello,

I am looking for caring and honest person to watch my 3 years old daughter while I work, during our stay in the state and a friend introduced craiglist.com to me, I was searching on Childcare Babysitter, when your Ad post pumped up as a Childcare and Babysitter, am interested in your service as my babysitter/Childcare.. My Little daughters is (Mellina ) , I would like you to watch over her while i am at work in your Location , I reside in United Kingdom,I will be coming to the States in about two weeks time , Cos I just got a contract with Boss Perfume fashion industry down there, I work as a model and the contract will last for a month, the duration of our service wil be from 10am to 5pm, monday thru friday, I would like to know if she will be taken care of in your childcare centre/Home, or the hotel room where i would be lodging, It’s Okay by me, any of this ways.

My little daughter (Mellina ) is 3 years old, I will be waiting patiently for your email indicating the cost of everything,I mean the price for your service,how long you will be available to take care of her,how much u charge per week. she is just three years old as i have said earlier and i will be glad to update you and make the payment in advance to show you how serious i am. So please get back to me as soon as you can if you will be able to handle her and take very good care of her for me.

Email me back
Your’s faithfully


> Thanks for your mail,Since the cost of your bike is $800 i just contacted
my client about the cost of your bike and it present condition and he said
there is no problem about that.So my client said he will be issuing you a
Certified Check of $4000 while you wire 3000 to me through Western Union
Money Trasfer and you deduct the cost of your bike $800 and keep the
remaining $200 which my client said you should take for the terms of
Transaction and Agreement between you and my client.So i will like you to
send me your full contact information to where my client will be sending you
> the Certified Check like this:
> name.........
> full address.............
> city...............
> state.............
> country..........
> zipcode............
> cell/office/home phone number.......................
> I will look forward to the requested information as soon as possible so
that the check can be sent out to you immediately And do get back to me
with the Pics of the bike so tha! t my client will be Able to see What he
is paying off.Get back to me immediately. Looking torwards your
> respond,
> Best Regards.

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