A. GENERAL CONDITIONS OF USE AND COMMUNITY STANDARDS

1. Welcome to Our Safe and Halal Community Marketplace!

As-Salamu Alaykum! We are proud to present SoukNest.com, a safe, Halal platform exclusively designed for the Muslim community in the United States. This platform is a space for us to connect, trade, and support one another while adhering to the principles of Islam and the federal, state, and local laws of the United States. Everyone is welcome to contribute, but we strictly prohibit any goods, services, behaviors, or dealings that are not Halal or illegal under U.S. laws. Let us work together to maintain a trustworthy and ethical environment that reflects the values of our faith and community.

2. Acceptance of Conditions

The use of the SoukNest.com website and its services (the “Service”) is governed by these General Conditions of Use (“GCU”). By accessing, viewing, or using any part of the Service, the User (or “Advertiser,” as defined below) acknowledges that they have read, understood, and agree to be bound by these GCU, our Privacy Policy, and any other posted rules or guidelines. The User further declares that they are legally capable of entering into this agreement. If the User is a minor, they must have the authorization of a parent or legal guardian, and any use by a minor is under the strict supervision of the parent/guardian who agrees to be bound by these GCU.

3. Operation and Role of SoukNest.com (Disclaimer of Absolute Liability)

3.1 Service Definition

SoukNest.com offers a platform to connect individual or professional Internet users wishing to buy, sell, rent, exchange objects, or post community information via classified ads or events.

3.2 Role of The Company (Platform Provider)

SoukNest.com (also referred to as “The Company,” “We,” or “Us”) acts solely as an interactive computer service provider, hosting third-party content. We do not act as an intermediary, broker, fiduciary, auctioneer, agent, guarantor, or mandated party for any user, buyer, or seller. We receive no commission on transactions possibly carried out through the Service.

3.3 No Warranty on Transactions (As-Is Basis)

The Company is merely bound by an obligation of means with regard to the technical publication of advertisements. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Company does not guarantee:

• The successful completion of any transaction.
• The quality, safety, legality, or fitness for a particular purpose of any item or service advertised.
• The truthfulness, accuracy, solvency, honesty, financial capacity, or identity of any Advertiser or user.

All exchanges, including negotiations, communications, physical exchanges of goods, or monetary transactions, are carried out at the sole risk and responsibility of the users involved. The Company cannot be held responsible for the failure to conclude a transaction or for any direct, indirect, special, or consequential damages resulting from user-to-user interactions.

3.4 No Guarantee of Results for Premium Services

The Company makes no representations, warranties, or guarantees regarding the commercial success, viewing volume, exposure, or ultimate outcome (sale, response, etc.) of any advertisement, whether free or purchased as a premium service. The success or failure of any advertisement is dependent upon external factors beyond the Company’s control, including market conditions, user preference, quality of the content submitted, and pricing. **The purchase of a premium or featured service only guarantees the agreed-upon technical delivery of that feature (e.g., placement for the purchased duration) and does not constitute a promise of performance or favorable result.** No refund or compensation will be provided based on the lack of views, lack of responses, or failure to sell the advertised item.

3.5 Remuneration

The Company is remunerated from the Advertiser only on the sale of advertising space on the site and on possible optional services for promoting certain advertisements.

4. Advertiser Obligations and Prohibited Content

4.1 “Advertiser” Definition

“Advertiser” designates any User who inserts one or more classified ads or announcements on the Service.

4.2 Content License and Right to Use

By inserting an ad or submitting any content to SoukNest.com, the Advertiser grants The Company a worldwide, non-exclusive, royalty-free, perpetual, transferable, sublicensable, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content (in whole or in part) in any form, medium, or technology now known or later developed, including on the Service, promotional materials, social media, and on other sites or partner platforms for expanded distribution, without additional cost to the Advertiser.

4.3 Content Warranties

The Advertiser warrants that they are the sole and legitimate owner of the item or service offered, or that they have all necessary rights and licenses to sell the item and publish the advertisement. The Advertiser guarantees the advertisement is written in an accurate, clear, honest, and non-misleading manner, compliant with all applicable U.S. federal, state, and local laws, including but not limited to FTC advertising guidelines.

4.4 Strictly Prohibited Content and Conduct (Halal, Legal & Modern Infringements)

The following content, items, services, or behaviors are strictly prohibited and are grounds for immediate and permanent account termination:

• Non-Halal/Un-Islamic Dealings: Any goods, services, or dealings that violate Islamic law (Sharia), including, but not limited to: alcohol, non-Halal food products (unless clearly non-consumption items), gambling, interest-based financing (Riba), items promoting immorality, or items used primarily for prohibited activities.
• Illegal Activities/Items (US Law): Any item or service that is illegal under U.S. federal, state, or local laws (e.g., stolen or counterfeit items, illegal drugs, prescription medications, prohibited weapons, explosives, or items requiring special licenses or permits without proof of such license).
• Intellectual Property Infringement (DMCA): Content that infringes protected copyright, trademark, or patent rights (e.g., unauthorized copies of software, DVDs, media, or any goods that violate intellectual property protections).
• Hate Speech and Harassment: Content inciting or promoting racism, xenophobia, hatred, violence, or discrimination against any individual or protected group (based on race, ethnicity, religion, disability, etc.).
• Pornography and Child Exploitation: Content related to pornography, sexually explicit material, or child sexual abuse material, including linking to such content.
• Fraud and Scams: Advertisements for quick-money schemes, Ponzi schemes, Multi-Level Marketing (MLM) requiring initial investment, misleading financial services, phishing attempts, or misrepresentation of identity.
• Misinformation/Disinformation: Content that is demonstrably false or misleading, especially concerning health, elections, or public safety.
• Spam and System Manipulation: Excessive posting of identical ads, use of automated tools (bots, scripts) for posting or viewing, circumventing site security, hacking, introducing viruses or malicious code, or engaging in data scraping.
• Third-Party Rights and Indemnity: The Advertiser certifies that they hold all necessary rights to any content, including images, videos, or text, and that the content does not infringe upon the privacy, publicity, or intellectual property rights of any third party.

4.5 Indemnification (Critical Clause for Absolute No Liability)

The Advertiser agrees to defend, indemnify, and hold harmless SoukNest.com, its parent company, subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all third-party claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:

• The Advertiser’s use of the Service.
• Any content posted by the Advertiser, including, without limitation, claims of defamation, infringement of intellectual property, breach of contract, or violation of any federal or state laws.
• The sale, delivery, or quality of any item or service offered by the Advertiser.
• The Advertiser’s breach of any provision of these GCU, including the warranties and prohibitions in Section 4.

4.6 Contact Information Restriction

The insertion of personal contact information (full name, street address, email address, external website address/hyperlink, telephone, or fax numbers) in the description or image of the advertisement is prohibited unless explicitly allowed by a designated contact field provided by The Company.

5. Content Moderation, Suspension, and Immunity

5.1 Right to Moderate

SoukNest.com reserves the right, but is not obligated, to review, edit, reorganize, remove, or delete any advertisement or content considered to be contrary to these GCU, Islamic principles, U.S. law, or likely to harm the image or integrity of the Service, without prior notice or having to justify its actions.

5.2 Immunity for Publisher Decisions (CDA Section 230)

In accordance with Section 230 of the Communications Decency Act (47 U.S.C. §230), SoukNest.com shall not be treated as the publisher or speaker of any information provided by another information content provider (i.e., the Advertiser). The Company is immune from liability for any claims arising from the content posted by its users, as well as for any actions taken in good faith to restrict access to or availability of material that The Company considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

5.3 Account Suspension and Termination

The Company reserves the right to suspend or permanently delete the account of any User who violates these GCU or engages in fraudulent, harassing, or illegal activity. Termination may occur immediately and without prior warning.

5.4 Compensation for Deletion of Paid Ads

In the exceptional event that The Company wrongly deleted a paid advertisement that was in full compliance with these GCU and U.S. law, The Company undertakes to compensate the Advertiser solely by offering the possibility of placing another advertisement with the same characteristics for an equivalent duration, or a proportional refund of the fee paid for that specific advertisement, at the Company’s sole discretion. This compensation constitutes the Advertiser’s sole and exclusive remedy.

6. Security and Scam Awareness

6.1 Beware of Common Scams

Users must remain vigilant against common online scams, including: Fake Listings, Overpayment Scams (e.g., using fake cashier’s checks), Phishing Scams, Non-Delivery Scams, and Fake Escrow Services.

6.2 User Responsibility

Always trust your instincts, verify the identity of the other party, and avoid sharing sensitive financial or personal information. The Company is not responsible for losses incurred due to scams, fraud, negligence, or deceit committed by other users.

B. GENERAL LEGAL CONDITIONS

7. General Liability and Disclaimer

7.1 Limitation of Liability (Maximum Extent Permitted by Law)

The Company is only required to an obligation of means with regard to the technical continuity of its services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Company shall not be liable for:

• Any damage due to a force majeure event, a fortuitous event, or the fault of a third party.
• Any breakdown or technical problem, linked to computer programs, hardware, software, or the Internet network, including data loss or system downtime.
• Any direct, indirect, special, incidental, punitive, or consequential damages caused by loss of data, loss of profits, fraudulent behavior, computer hacking, accidental transmission of viruses, or the malicious, defamatory, or illegal behavior of third parties or users.

7.2 Cap on Liability (Monetary Limit on Claims)

The Advertiser understands and agrees that SoukNest.com is a platform facilitating connections and transactions between third parties, and as such, its liability must be strictly limited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the total cumulative liability of SoukNest.com, its directors, officers, employees, and agents to any User for any and all claims, damages, losses, or causes of action (whether in contract, tort, or otherwise) arising out of or related to these GCU or the Service shall not exceed the **lesser of:**

• (a) The actual fee paid by the User to SoukNest.com for the specific single advertisement, premium service, or transaction directly giving rise to the claim; OR
• (b) One Hundred U.S. Dollars ($100.00).

The User agrees that this cap on liability is a fundamental term of this agreement and is reasonable given that the Service acts merely as a host for third-party content and does not guarantee the success of any commercial activity. Users who do not agree to this liability limitation should not use the Service.

8. Intellectual Property (Company and User Content)

8.1 Company Ownership

All elements appearing on the site, inserted by The Company (including logo, text, graphics, design, structure, and software code), are protected by intellectual property rights and belong exclusively to SoukNest.com or its licensors.

8.2 Restrictions on Use

Any reproduction, partial or total, of the site or its original elements is strictly prohibited. The information and databases may only be used, printed, or reproduced by the User in a strictly private, non-commercial context for personal use.

8.3 Data Scraping and Automated Access Prohibited

The reproduction of advertisements in any paper or digital medium, downloading, compilation by web crawlers, data harvesting tools, website vacuum cleaners, meta-engines, search software, or any other similar automated process, whether free of charge or for a fee, is strictly prohibited. No automated access to the Service is permitted without the express prior written consent of The Company.

9. External Links

The Company reserves the right to include advertisements or hypertext links to external sites. The Company cannot be held responsible for the content of these external sites, the products and services appearing there, nor for any damages of any nature whatsoever which may arise following the visit or use of these sites. The inclusion of any link does not imply endorsement by The Company.

10. Personal Data and Privacy

10.1 Data Use and Policy

The User authorizes The Company to keep and archive confidentially the information concerning them. User data is handled strictly in accordance with the full Privacy Policy of SoukNest.com, which is incorporated into these GCU by reference and includes provisions for data rights, correction, and deletion as required by applicable U.S. state laws.

10.2 Disclosure

The Company reserves the right to communicate necessary information to third parties if this is reasonably useful to comply with the laws or regulations in force, upon any valid subpoena, judicial, administrative, or law enforcement request, or to protect itself, its users, or any third party.

11. Governing Law and Dispute Resolution (Mandatory Arbitration)

11.1 Governing Law

These General Conditions of Use and all relations between SoukNest.com and the Users are governed exclusively by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

11.2 Mandatory Informal Dispute Resolution

The User agrees that in the event of any dispute, claim, or controversy arising out of or relating to these GCU, the Service, or the breach, termination, enforcement, interpretation, or validity thereof, the User must first try to resolve the dispute informally. The User must provide SoukNest.com with a written “Notice of Dispute” sent to [email protected] that includes the User’s name, a detailed description of the dispute, and the specific relief sought. Following receipt of the Notice of Dispute, the parties shall engage in good faith negotiations for a period of sixty (60) days to attempt to resolve the dispute. No formal legal action or arbitration may be commenced until after this 60-day informal resolution period has concluded.

11.3 Binding Arbitration and Exclusive Jurisdiction

If the dispute is not resolved within sixty (60) days as described in section 11.2, the User and The Company agree that any and all remaining disputes shall be resolved exclusively through final and binding arbitration, instead of in a court of general jurisdiction. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in **Chicago, Illinois, United States**. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

11.4 Waiver of Class Action and Jury Trial

The User and The Company agree that any arbitration or proceeding shall be limited to the dispute between The Company and the User individually. To the full extent permitted by law, the User and The Company agree that no arbitration or proceeding shall be joined with any other, nor shall any dispute be arbitrated or resolved on a class-action basis or utilizing class action procedures. The User and The Company also waive the right to a jury trial.

12. Miscellaneous Provisions

12.1 Entire Agreement

These GCU, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between the User and The Company.

12.2 Severability

In the event that one of these provisions is deemed illegal, unenforceable, or invalid by a competent authority, that specific provision will be modified to reflect the parties’ intention or deemed unwritten, while all other provisions retain their full force and effect between the parties.

12.3 Modification of GCU

The Company reserves the right to modify these General Conditions and any associated elements at any time. The Company will provide reasonable notice of material changes, such as by posting the updated terms on the Service. The User’s continued use of the Service following any modifications constitutes acceptance of the revised GCU.