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Terms
Of Use
General
KwickSearch.com.com and, its subsidiaries and affiliates
(collectively "KwickSearch.com") provide you with access
to this Web site and the services available on this Web site, or
other Web sites as indicated below, (collectively, the
"Services," which will be defined more under the
Section, "Services."). Access to and use of the
Services is governed by these Terms of Use (the
"Agreement"). By accessing or using the Services, you
indicate your assent to be bound by the Agreement, and your
acknowledgment of and agreement to its terms.
Services
The Services include KwickSearch.com Search (located at http://www.KwickSearch.com/)
(the "Search Services"). The Services may also be
located on third party web sites and/or applications. Our Search
Services enable you to search the World Wide Web for anything
that interests you, whether it is fly fishing, medical research
or digital cameras. We provide you with search listings of
advertisers of KwickSearch.com (as well as search listings provided
to KwickSearch.com by a third party to supplement the advertiser
listings) that help you find what you are looking for.
A little more detail:
The Services act as a system or
venue to introduce you to buyers and sellers of goods and
services and providers of information. KwickSearch.com uses
reasonable efforts to ensure the availability of the information
and content, including links, that it makes available through
the Services. However, the Services are composed of content not
offered by KwickSearch.com. KwickSearch.com does not control (i) the
quality, safety or legality of items available through or on its
advertisers' Web sites or sites of third parties not in
privities of contract with KwickSearch.com, (ii) the truth or
accuracy or legality of the content from those advertisers or
those third parties (even if such content appears on the
Services), or (iii) the availability or technical capabilities
of their Web sites or links to those Web sites. KwickSearch.com is
not liable or responsible for content supplied by third parties,
or for actions you might take in reliance on that content.
Nothing contained in any of the
Services is an offer or promise to sell a specific product for a
specific price or that any advertiser will sell any product or
service for any purpose or price or on any specific terms. KwickSearch.com does not guarantee the price, terms, product,
availability and/or services offered by any advertiser.
For all of the Services, KwickSearch.com is not involved in any transactions between you and
any of its advertisers, and is not responsible for, and does not
guarantee the price or performance of any goods, services or
information provided by advertisers. If you have a dispute with
one or more advertisers, you agree to release and hereby release
KwickSearch.com (and KwickSearch.com's officers, directors, agents,
subsidiaries, affiliates, employees, successors, assigns,
content providers and service providers) from claims, demands
and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such
disputes.
Only
Personal Use is Authorized
Under this Agreement, KwickSearch.com gives you permission to access
and use the Services for your personal use, and to copy,
distribute and transmit the content of the Services only to the
extent that such copying, distribution, and transmission is
automatically done through your browser software incidentally to
using the Services for your personal use. You may also print a
copy of the information displayed on the Services for your
personal use. That means, that except as set forth above, you
may not modify, reformat, copy, display, distribute, transmit,
publish, license, create derivative works from, transfer or sell
any information, products, or service obtained by your use of
the Services. This restriction means, among other things, that
you may not mirror on your own Web site any portion of the
Services or display through your own Web site any results pages
or other information from the Services without KwickSearch.com's
express permission.
The technology underlying, and
content within, the Services is owned by KwickSearch.com and/or its
licensors (including KwickSearch.com's advertisers and other content
providers) and is protected by copyright and other intellectual
property or proprietary rights. If you use the Services other
than as provided above, you may violate copyright and other laws
of the United States, other countries, as well as applicable
state laws and may be subject to penalties. That would not be a
good thing. As between you and KwickSearch.com, KwickSearch.com owns and
retains all ownership of the technology underlying and content
within the Services, and reserves all rights not explicitly
granted to you in this Agreement.
Disclaimer
of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND. KwickSearch.com DISCLAIMS ANY WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
KwickSearch.com
Potential Liability for the Services is Limited
KwickSearch.com NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS,
CONTENT PROVIDERS OR SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS
TO OR USE THE SERVICES. KwickSearch.com WILL NOT BE LIABLE FOR ANY
MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR
INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT
NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY
AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH
OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE
OF THIS AGREEMENT OR AN EXCLUSIVE REMEDY.
- KwickSearch.com is not
responsible for the accuracy of associated company's
information including any changes in or discontinuance of
services and/or products, nor any intellectual property
infringement made by any party. KwickSearch.com is not
responsible for changes in the services and/or products
offered by affiliated companies.
- In no event shall KwickSearch's
liability, either jointly or severally, exceed $1.
Copyright
Disputes
In notifying KwickSearch.com of alleged copyright
infringement, you must include the following information: A
description of the copyrighted work that is the subject of
claimed infringement A description of the infringing material
and information sufficient to permit KwickSearch.com to locate the
alleged material Contact information for you, including your
address, telephone number and/or email address A statement by
you that you have a good faith belief that the material in the
manner complained of is not authorized by the copyright owner,
or its agent, or by the operation of any law A statement by you,
signed under penalty of perjury, that the information in the
notification is accurate and that you have the authority to
enforce the copyrights that are claimed to be infringed A
physical or electronic signature of the copyright owner or a
person authorized to act on the owner's behalf
Failure to include all of the
above-listed information may result in the delay of the
processing of your complaint. For more information on the
Digital Millennium Copyright Act please visit the United States
Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
KwickSearch.com does not arbitrate
or resolve trademark disputes among KwickSearch.com advertisers or
between those advertisers and third parties. However, KwickSearch.com will promptly comply with an order of a court of
competent jurisdiction concerning a trademark issue. KwickSearch.com
occasionally receives requests to remove listings from within
the Services. KwickSearch.com reserves the right to address such
requests on a case-by-case basis.
Objectionable
Material
KwickSearch.com encourages you to use discretion when browsing the
Internet or using the Services. The Services may contain
information that you find objectionable, harmful, deceptive or
otherwise inappropriate, especially for children. To ensure you
do not receive offensive material, nevertheless, you must
install your own filtering software if you wish to limit the
content available through the Services.
If you come across any site
that you believe contains child pornography or other illegal
material, please contact info@KwickSearch.com
and we will contact the authorities as appropriate.
Privacy
and Data Collection
KwickSearch.com does not collect personally identifying information
from users of the Services unless users have explicitly given
such information to KwickSearch.com (for example, when becoming an
advertiser or when sending us an email with a question or as
part of a contest). KwickSearch.com information practices are
further described in its privacy policy. KwickSearch.com
privacy policy is part of this Agreement, and you agree that use
of data as described in the privacy policy is not an actionable
breach of your privacy or publicity rights. If you have entered
into another agreement with KwickSearch.com (such as an Affiliate
Agreement or an Advertiser Agreement), then you may be subject
to additional or different provisions regarding privacy and data
collection. If you would like more information, please read our privacy
policy.
You should consider any
communication that you transmit to KwickSearch.com (such as data,
questions or answers, comments, or suggestions) as
non-confidential, and agree that KwickSearch.com will not be liable
or responsible if information that belongs to you is intercepted
and used by an unintended recipient.
Control
over Features, Functions, and Access to the Services
KwickSearch.com reserves the right to change any information,
features and functions of the Services without prior notice. KwickSearch.com may deny you access to all or part of the Services
without prior notice if you engage in any conduct or activities
that KwickSearch.com determines, in its sole discretion, violate
this Agreement, the rights of KwickSearch.com or any third party, or
is otherwise inappropriate.
Choice
of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of
California without regard to its conflict of law provisions. KwickSearch.com failure to exercise or enforce any right or
provision of the Agreement will not be deemed to be a waiver of
such right or provision. If any provision of this Agreement 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 this Agreement 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 Services must be filed within one
(1) year after such claim or cause of action arose or be forever
barred.
Arbitration
Any controversy or claim arising out of or relating to this
Agreement or the Services will be settled by binding arbitration
in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or claim
must be arbitrated on an individual basis, and must not be
consolidated in any arbitration with any claim or controversy of
any other party. The arbitration must be conducted in the
geographical area of KwickSearch.com's owner. and judgment on the
arbitration award may be entered into any court having
jurisdiction thereof. Either you or KwickSearch.com may cgi-bin/kwicksearch/ any
interim or preliminary relief from a court of competent
jurisdiction in geographical area of KwickSearch.com's owner as
necessary to protect the rights or property of you or KwickSearch.com
Amendment
KwickSearch.com may amend this Agreement at any time by posting the
amended terms on its Web site. Except as stated below, all
amended terms are automatically effective 15 days after they are
initially posted. This Agreement may not be otherwise amended
except in a written document signed by you and KwickSearch.com.
Contacting
Us
If you have any questions about our site, this agreement, or our
general procedures, please contact: info@KwickSearch.com |