JOBS | HOUSING | STUFF

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General Legal Terms


Limit of liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

Suspension/Termination. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current classifieds, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies, redmango.com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

General compliance with laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your negotiations, classified ad, purchase, and sale of items and services.

Notices. Except as explicitly stated otherwise, redmango.com may provide you with notices via email, regular postal mail, or postings on the redmango.com web site.

Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or redmango.com may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California necessary to protect rights or property pending the completion of arbitration.

Jurisdiction and Venue. This Agreement shall be governed in all respects by the laws of the State of California. You agree that any legal action brought against redmango.com, shall be governed by the laws of the State of California without regard to its conflict of law principles, and that the sole jurisdiction and venue for any litigation arising from your use of redmango.com shall be an appropriate federal or state court located in the State of California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. 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.

Other Agreements. If you and redmango.com have entered into a separate written agreement that covers your use of redmango.com, the terms and conditions of such agreement shall control to the extent they are inconsistent with this Member Agreement.

redmango.com Terms of Use Acceptance of terms:
The online resources which includes classifieds, forums, or any other kind of services (referred to hereafter as "services") subject to the following terms of use ("TOU"). By using the any of the Services in any way, you are agreeing to comply with the TOU. In addition, when using any of our services, you agree to abide by any applicable posted guidelines for all services, which may change from time to time. If you object to any of the terms or conditions of the TOU, any guidelines, or any subsequent modifications, or become dissatisfied with us in any way, your only recourse is to immediately discontinue the use of redmango.com.

Modifications to this agreement:
We reserve the right, to change, modify or otherwise alter any of these terms and conditions at any time without notification. Such modifications shall become effective immediately upon the posting on redmango.com. You must review this agreement on a regular basis to keep yourself up to date of any changes. You can find the most recent version of the TOU at:

http://www.redmango.com/terms.aspx

Contents:
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (referred to hereafter as "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 redmango.com 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 redmango.com site and Content available through the Service may contain links to other websites, which are completely independent of redmango.com. redmango.com does not represent or warranty them as to the accuracy, completeness or authenticity of the information contained in any such site in any way. Your linking to any other websites 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 redmango.com 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 redmango.com does not pre-screen or approve any Content, but that redmango.com 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.

Third party content, sites, and services:
The redmango.com site and Content available through the Service may contain features and functionalities that may link you or provide you access to third party content which is completely independent of redmango.com, 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 redmango.com shall not be responsible or liable for any loss or damage of any sort incurred as a 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 redmango.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release redmango.com, 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."

Notifications 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 redmango.com for notice of claims of copyright or other intellectual property infringement ("Agent"), by submitting a message in the Contact Us forum. Please provide us the following on the notice:
1. Identify the material on the redmango.com site that you claim is infringing, with enough detail so that we may locate it on the website;
2. 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;
3. 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;
4. Your address, telephone number, and email address; and - Your physical or electronic signature. redmango.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Privacy and information disclosure:
redmango.com has established the following Privacy Policy: This privacy policy explains how your information is collected, protected, and used at redmango.com. This privacy policy may be updated by us periodically, and will take affect as soon as it is posted on the site. It is your responsibility to check this document to keep yourself updated.

Protecting your information:
We do our best possible to protect your private information.
When posting a classified advertisement, your email address is required. Please be aware that your email address is therefore viewable by all users of redmango.com. We recommend that you use an email address that has strong SPAM safeguards to limit the amount of junk email you may receive. We currently do not have an email annonymizer service, but that is in the works.
We do not share your information to third parties.
We do not sell your information to third parties.
We do not use tracking devices for marketing purposes. People who post on redmango.com may add links to third party websites, which may have different private policy.
We are not responsible for, or have any control over, the privacy policies of these third party websites. We encourage you read the privacy policies of every website visited.

Data that we collect and store:
We may collect data in various circumstances for keeping redmango.com functional.
1. We may collect your personal information if you provide it on our classifieds or forums, or if you contact us directly. Please do not post any personal information on redmango.com forums or classifieds if you intend to keep them private.
2. redmango.com collects web log entries for each page served which includes your ip address, time served, page served etc. Web logs help us diagnose problems with the server,and identify better ways to serve you.
3. All classified and forum posts are saved on our database, even after deletion, which may be archived somewhere.
4. Our web log records are stored for indefinite period of time. Although we make every effort to store the information in a secure environment which is not available to the public, we cannot guarantee complete security.
5. Search engines and other sites which are not affiliated with redmango.com - including google.com, yahoo.com, archive.org may archive or otherwise make available redmango.com postings of all categories.

International Users:
By visiting redmango.com and providing data with redmango.com, you acknowledge and agree that we may use the data collected in the course of our relationship for purposes specified in this policy or in any other communications with you, which includes the transmission of information outside your resident jurisdiction. The data you provided may be stored on servers located in the United States. By providing us any data, you consent to the transfer of such data.

Your use of the redmango.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that redmango.com 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 redmango.com, its users or the general public.

Conduct:
You agree not to post, email, or otherwise make available Content:
1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
2. 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;
3. 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;
4. 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);
5. 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.
6. 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.
7. that impersonates any person or entity, including, but not limited to, a redmango.com 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.);
8. that includes personal or identifying information about another person without that person's explicit consent;
9. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
10. 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;
11. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
12. that constitutes or contains any form of advertising or solicitation if: posted in areas of the redmango.com sites which are not designated for such purposes; or emailed to redmango.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
13. that includes links to commercial services or web sites, except as allowed in "services";
14. 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.
15. 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;
16. 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
17. 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:
1. contact anyone who has asked not to be contacted;
2. "stalk" or otherwise harass anyone;
3. collect personal data about other users for commercial or unlawful purposes.
4. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by redmango.com.
5. 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.
6. post the same item or service in more than one classified category or forum, or in more than one metropolitan area.
7. attempt to gain unauthorized access to redmango.com 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 redmango.com website, or
8. use any form of automated device or computer program that enables the submission of postings on redmango.com 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.

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 redmango.com resources, you may not use a Posting Agent to post Content to the Service without express permission from redmango.com. 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 from redmango.com.

No spam policy:
You understand and agree that sending unsolicited email advertisements to redmango.com email addresses or through redmango.com computer systems, which is expressly prohibited by these TOU. Any unauthorized use of redmango.com computer systems is a violation of the TOU and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Limitations of service:
You acknowledge that redmango.com 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 redmango.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that redmango.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that redmango.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Access to the service:
redmango.com 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 redmango.com. 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, or services, or which is in the business of providing classified ad listing services.

redmango.com does not permit you to display on your website, or create a hyperlink on your website to posted classified advertisement content posted on redmango.com. You are permitted to place a link on your site to the homepage of redmango.com. Use of the Service beyond the scope of authorized access granted to you by redmango.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of 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 redmango.com.

Termination of service:
You agree that redmango.com, 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 redmango.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that redmango.com 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.

Property 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 redmango.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of redmango.com, 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.

Although redmango.com 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 redmango.com 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 redmango.com 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.

Disclaimer of warranties:
YOU AGREE THAT USE OF THE redmango.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE redmango.com 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, redmango.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE redmango.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, redmango.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE redmango.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE redmango.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, redmango.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE redmango.com 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.

Limitations of liability:
UNDER NO CIRCUMSTANCES SHALL redmango.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF redmango.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE redmango.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE redmango.com SITE OR THE SERVICE, FROM INABILITY TO USE THE redmango.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE redmango.com 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 redmango.com SITE OR THE SERVICE OR ANY LINKS ON THE redmango.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE redmango.com SITE OR THE SERVICE OR ANY LINKS ON THE redmango.com 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.

Indemnity:
You agree to indemnify and hold redmango.com, 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.

General information:
The TOU constitute the entire agreement between you and redmango.com and govern your use of the Service, superseding any prior agreements between you and redmango.com. The TOU and the relationship between you and redmango.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and redmango.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of redmango.com 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.

Violation of terms and liquidated damages:
Please report any violations of the TOU, by flagging the posting(s) for review and using our Contact Us forum to alert us to the said violation.
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 redmango.com to pursue legal action to enforce the TOU, you will be liable to pay redmango.com the following amounts as liquidated damages, which you accept as reasonable estimates of redmango.coms' damages for the specified breaches of the TOU:
1. 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 redmango.com one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
2. If redmango.com 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 redmango.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access redmango.com in excess of such limits, whichever is higher.
3. If you send unsolicited email advertisements to redmango.com email addresses or through redmango.com computer systems, you agree to pay redmango.com twenty five dollars ($25) for each such email.
4. If you post Content in violation of the TOU, other than as described above, you agree to pay redmango.com one hundred dollars ($100) for each Item of Content posted. In its sole discretion, redmango.com may elect to issue a warning before assessing damages.
5. 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 redmango.com one hundred dollars ($100) for each and every Item of Content posted 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 redmango.com an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
6. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without redmango.com's express written permission, you agree to pay redmango.com three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay redmango.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, redmango.com retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.