Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing
Website.
Effective Date:
This Terms of Use Agreement was last updated on December 13, 2006
This Terms of Use Agreement sets forth the standards of use
of the 180srch Online Service for Registered Members. By using the 180srch.com website you (the
“Member”) agree to these terms and conditions. If you do not agree to the terms
and conditions of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at 180srch.com
website. Your continued use of the
Service after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1. Description of Service
180srch is providing Member with an
application (the "Service"). You understand and agree that the
Service may include content-targeted ads or other related information. Member must provide (1) all equipment necessary for their own Internet connection,
Cellular connection, including computer, modem and mobile device and (2)
provide for Member’s access to the Internet and Cellular Network, and (3) pay
any fees relate with such connections. 180srch disclaims any
responsibility or liability for any fees, expenses or other charges member may
incur from Third parties from using the service, including phone service
charges, internet access charges, text messaging charges, or otherwise.
Member must provide current, accurate identification,
contact, and other information that may be required as part of the registration
process and/or continued use of the Service.
The Service is made available to you for your personal use
only. You must be at least 13 years of age to use this Service, due to the
Children's Online Privacy Protection Act of 1998 (available at
http://www.ftc.gov/ogc/coppa1.htm).
2. Disclaimer of Warranties.
The site is provided by 180srch on
an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, 180srch
makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise.
180srch shall have no liability for any interruptions in the use of this
Website. 180srch disclaims all
warranties with regard to the information provided, including the implied
warranties of merchantability and fitness for a particular purpose, and
non-infringement. Some
jurisdictions do not allow the exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable.
3.
Limitation of Liability
180SRCH SHALL NOT be liable for any damages whatsoever, and in
particular 180srch shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss of
revenue, or loss of use, arising out of or related to this web site or the
information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if 180srch
has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT
ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
Member agrees to indemnify and hold 180srch, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys’ fees and costs, made by any third party
due to or arising out of Member’s use of the Service, the violation of this
Agreement, or infringement by Member, or other user of the Service using
Member’s computer, of any intellectual property or any other right of any
person or entity.
5.
Members Account
Members are entirely responsible for any and all activities
which occur under their account whether authorized or not authorized. Member
agrees to notify 180srch of any unauthorized use of Member’s account or any
other breach of security known or should be known to the Member. Member’s right
to use the Service is personal to the Member. Member agrees not to resell or
make any commercial use of the Service without the express written consent of
180srch.
6.
Modifications and Interruption to Service
180srch reserves the right to modify or discontinue the
Service with or without notice to the Member. 180srch shall not be liable to
Member or any third party should 180srch exercise its right to modify or
discontinue the Service. Member acknowledges and accepts that 180srch does not
guarantee continuous, uninterrupted or secure access to our website and
operation of our website may be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
7.
Third-Party Sites
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other third parties. You acknowledge that we are not
responsible for the availability of, or the content located on or through, any
third-party site. You should
contact the site administrator or webmaster for those third-party sites if you
have any concerns regarding such links or the content located on such
sites. Your use of those
third-party sites is subject to the terms of use and privacy policies of each
site, and we are not responsible therein. We encourage all Members to review
said privacy policies of third-parties’ sites.
8.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either
been provided by the Vendors or collected from publicly available sources. While 180srch makes every effort to
ensure that the information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of any
information provided on this website.
180srch makes no warranties or representations whatsoever
with regard to any product provided or offered by any Vendor, and you
acknowledge that any reliance on representations and warranties provided by any
Vendor shall be at your own risk.
9.
Governing Jurisdiction of the Courts Washington
Our website is operated and provided in the State of
Washington. As such, we are
subject to the laws of the State Washington, and such laws will govern this
Terms of Use, without giving effect to any choice of law rules. We make no representation that our
website or other services are appropriate, legal or available for use in other
locations. Accordingly, if you
choose to access our site you agree to do so subject to the internal laws of
the State Washington.
10.
Compliance with Laws.
Member assumes all knowledge of applicable law and is
responsible for compliance with any such laws. Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local, state, national, or
international law or regulation.
11.
Copyright and Trademark Information
All content included or available on this site, including
site design, text, graphics, interfaces, and the selection and arrangements
thereof is ©2005 180srch.com, will all rights reserved, or is the property of
180srch and/or third parties protected by intellectual property rights. Any use of materials on the
website, including reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data extraction or data
mining, or other commercial exploitation of any kind, without prior written
permission of an authorized officer of 180srch is strictly prohibited. Members agree that they will not use
any robot, spider, or other automatic device, or manual process to monitor or
copy our web pages or the content contained therein without prior written
permission of an authorized officer of 180srch.
180srch™ and 180srch.com™ are proprietary marks of
180srch.com. 180srch’s trademarks
may not be used in connection with any product or service that is not provided
by 180srch, in any manner that is likely to cause confusion among customers, or
in any manner that disparages or discredits 180srch.
All other trademarks displayed on 180srch’s website are the
trademarks of their respective owners, and constitute neither an endorsement
nor a recommendation of those Vendors.
In addition, such use of trademarks or links to the web sites of Vendors
is not intended to imply, directly or indirectly, that those Vendors endorse or
have any affiliation with 180srch.
12.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, 180srch.com designates
the following individual as its agent for receipt of notifications of claimed
copyright infringement.
By Email: contact@180srch.com
13.
Botnets
180srch retains the right, at our sole discretion, to
terminate any accounts involved with botnets and related activities. If any
hostnames are used as command and control points for botnets, 180srch reserves
the right to direct the involved hostnames to a honeypot, loopback address,
logging facility, or any other destination at our discretion.
14.
Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned by 180srch, in our sole discretion,
to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply
in addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member. Member agrees that by accepting this
Terms of Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our
Privacy Policy Statement
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