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tou-intro

Of course. This is an excellent clause to dissect. Let's break it down in plain language, explaining its purpose and implications.

Plain Language Explanation

This section does two main things:

  1. It Establishes the Rules of the Game: It clearly states that craigslist is a private company, not a public utility. This is a foundational legal point that gives craigslist broad discretion over how its service is run and who can use it.
  2. It Binds Businesses to the Agreement: It ensures that if you're using craigslist for business purposes, the entire company is responsible for following the rules, not just the individual employee who clicked "agree."

Detailed Breakdown

Here’s a phrase-by-phrase explanation:

1. "You acknowledge and agree CL is a private site owned and operated by craigslist, Inc."

  • What it means: This seems obvious, but it's a critical legal declaration. By stating it's a "private" site, craigslist is asserting its right to control access and enforce its rules. They can remove posts or ban users at their discretion (within the bounds of anti-discrimination law and their own terms). They are not a government entity or a public forum that must grant access to everyone. This is their house, and you're agreeing to play by their rules.

2. "If you are accessing or using CL on behalf of a business..."

  • What it means: This is the setup. It identifies the specific scenario this clause applies to: any use for a business purpose. This could be an employee posting job listings, a store manager listing items for sale, or a real estate agent posting rental properties.

3. "...you represent and warrant to CL that you have authority to accept the TOU on behalf of that business..."

  • "Represent and warrant": This is strong legal language. You are not just saying this is true; you are formally guaranteeing it to craigslist as a fact.
  • "Authority to accept": This means you are promising that your company has given you the power (e.g., as an employee, agent, or owner) to legally bind the company to this contract (the Terms of Use). You're not just acting on your own.

4. "...and that that business agrees to the TOU."

  • What it means: This is the final, crucial step. Because you have the "authority," your act of clicking "Agree" doesn't just bind you personally—it binds the entire business entity you represent (e.g., the LLC, corporation, or partnership). The business itself is now a party to the agreement and is legally obligated to follow all the rules in the Terms of Use.

Why This Clause Exists (The Business Rationale)

This clause protects craigslist and creates legal clarity:

  • Liability: If a business does something on craigslist that violates the terms (e.g., posts fraudulent ads, engages in copyright infringement), craigslist can pursue the business itself for damages, not just the employee who posted the ad. The business has deeper pockets.
  • Enforcement: It allows craigslist to hold an entire business accountable. If one employee misbehaves, craigslist can ban the entire business, not just that individual's account.
  • Certainty: It prevents a business from later claiming, "Our employee wasn't authorized to agree to that, so we're not bound by your terms." This clause forces the business to ensure its employees are properly trained and authorized.

Practical Implications for You

  • If you are an employee: Before you use craigslist for your job, confirm with your manager or legal department that you are allowed to do so. By clicking "agree," you are making a legal promise on behalf of your company.
  • If you are a business owner: You are responsible for the actions of your employees on the platform. You should have internal policies to ensure they understand and comply with craigslist's Terms of Use.
  • If you are just a personal user: This specific clause doesn't apply to you. You are agreeing to the terms only on your own behalf.