|
|
TERMS
OF SERVICE
PLEASE READ
THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. THIS DOCUMENT
DESCRIBES THE TERMS ON WHICH IAMASTOREFINDER OFFERS YOU ACCESS TO
OUR SERVICES.
Welcome to Iamastorefinder. This Agreement is a binding legal agreement
between the user and Iamastorefinder, Inc. (the “Company”),
the owner and operator of the Website. When using the Iamastorefinder
website and services (the “Iamastorefinder Service”),
you agree to the terms and conditions listed on this page (the “Terms
of Service”). If you do not agree to these Terms of Service,
do not use the Iamastorefinder Service.
The Web pages available at www.Iamastorefinder.com, and all linked
pages hosted on the Iamastorefinder domain (“Site”),
are owned and operated by Iamastorefinder and are accessed by you
(“User”) under the following terms and conditions:
1. ACCESS TO THE SERVICES. Subject to the terms and conditions of
this Agreement, Iamastorefinder may offer to provide certain services,
as described more fully on the Site, and which are selected by User
through the process provided on the Site (“Services”),
solely for User’s own use, and not for the use or benefit
of any third party. Services shall include, but not be limited to,
any services Iamastorefinder performs for User, as well as the offering
of any content on the Site. Iamastorefinder may change, suspend
or discontinue the Services at any time, including the availability
of any feature, database, or content. Iamastorefinder may also impose
limits on certain features and services or restrict User’s
access to parts or all of the Services without notice or liability.
Iamastorefinder reserves the right, at its discretion, to modify
this User Agreement at any time by posting a notice on the Site,
or by sending User a notice via email or postal mail. User shall
be responsible for reviewing and becoming familiar with any such
modifications. Use of the Services by User following such notification
constitutes User’s acceptance of the terms and conditions
of this User Agreement as modified. If you find changes in these
terms that are unacceptable, you should discontinue your use of
the Website.
User certifies to Iamastorefinder that if User is an individual
(i.e., not a corporation) User is at least 18 years of age. User
also certifies that it is legally permitted to use the Services
and access the Site, and takes full responsibility for the selection
and use of the Services and access of the Site. This Agreement is
void where prohibited by law, and the right to access the Site is
revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment
or ancillary services needed to connect to, access the Site or otherwise
use the Services, including, without limitation, modems, hardware,
software, and long distance or local telephone service. User shall
be responsible for ensuring that such equipment or ancillary services
are compatible with the Services.
2. SITE CONTENT. The Site and its contents are intended solely for
the use of Iamastorefinder Users and may only be used in accordance
with the terms of this Agreement. All materials displayed or performed
on the Site (including, but not limited to text, graphics, news
articles, photographs, images, illustrations, audio clips and video
clips, also known as the “Content”) are protected by
copyright. User shall abide by all copyright notices, information,
and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions, and
other copyright laws. User may not modify, publish, transmit, participate
in the transfer or sale of, reproduce (except as provided in this
Section of the User Agreement), create derivative works based on,
distribute, perform, display, or in any way exploit, any of the
Content, software, materials, or Services in whole or in part.
User may download or copy the Content, and other items displayed
on the Site for download, for personal use only, provided that User
maintains all copyright and other notices contained in such Content.
User shall not store any significant portion of any Content in any
form. Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited without prior written
permission from Iamastorefinder, or from the copyright holder identified
in such Content’s copyright notice.
3. RESTRICTIONS. User is responsible for all of its activity in
connection with the Services and accessing the Site. Any fraudulent,
abusive, or otherwise illegal activity may be grounds for termination
of User’s right to Services or to access the Site. User may
not post or transmit, or cause to be posted or transmitted, any
communication or solicitation designed or intended to obtain password,
account, or private information from any Iamastorefinder user.
Use of the Site or Services to violate the security of any computer
network, crack passwords or security encryption codes, transfer
or store illegal material including that are deemed threatening
or obscene, or engage in any kind of illegal activity is expressly
prohibited. User will not run Maillist, Listserv, any form of auto–responder,
or “spam” on the Site, or any processes that run or
are activated while the User is not logged in.
4. PRIVACY POLICY. Registration data and certain other information
about you are subject to our Privacy Policy. For more information,
please review our full privacy policy at http://www.iamastorefinder.com/iamastorefinder/privacy.jsp.
5. WARRANTY DISCLAIMER. Iamastorefinder has no special relationship
with or fiduciary duty to User. User acknowledges that Iamastorefinder
has no control over, and no duty to take any action regarding: which
users gains access to the Site; what Content User accesses via the
Site; what effects the Content may have on User; how User may interpret
or use the Content; or what actions User may take as a result of
having been exposed to the Content. User releases Iamastorefinder
from all liability for User having acquired or not acquired Content
through the Site. The Site may contain, or direct User to sites
containing, information that some people may find offensive or inappropriate.
Iamastorefinder makes no representations concerning any content
contained in or accessed through the Site, and Iamastorefinder will
not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through
the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED
ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON–INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO SUBSCRIBER.
Electronic Communications Privacy Act Notice (18USC 2701–2711):
IAMASTOREFINDER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY
OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY
WEB–SITE LINKED TO THE SITE. Iamastorefinder will not be liable
for the privacy of e–mail addresses, registration and identification
information, disk space, communications, confidential or trade–secret
information, or any other Content stored on Iamastorefinder’s
equipment, transmitted over networks accessed by the Site, or otherwise
connected with User’s use of the Services.
6. REGISTRATION AND SECURITY. As a condition to using Services,
User may be required to register with Iamastorefinder and select
a password and User name (“Iamastorefinder User ID”).
User shall provide Iamastorefinder with accurate, complete, and
updated registration information. Failure to do so shall constitute
a breach of this Agreement, which may result in immediate termination
of User’s account. User may not (i) select or use as a Iamastorefinder
User ID a name of another person with the intent to impersonate
that person; or (ii) use as a Iamastorefinder User ID a name subject
to any rights of a person other than User without appropriate authorization.
Iamastorefinder reserves the right to refuse registration of, or
cancel a Iamastorefinder User ID in its discretion. User shall be
responsible for maintaining the confidentiality of User’s
Iamastorefinder password.
7. INDEMNITY. User will indemnify and hold Iamastorefinder, its
parents, subsidiaries, affiliates, officers and employees, harmless,
including costs and attorneys’ fees, from any claim or demand
made by any third party due to or arising out of User’s access
to the Site, use of the Services, the violation of this Agreement
by User, or the infringement by User, or any third party using the
User’s account, of any intellectual property or other right
of any person or entity.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL IAMASTOREFINDER BE
LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT
IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY SUBSCRIBER THEREFOR;
OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
9. FEES AND PAYMENT. Some of the Services may require payment of
fees. User shall pay all applicable fees, as described on the Site
in connection with such Services selected by User. Iamastorefinder
reserves the right to change its price list and to institute new
charges at any time, upon ten (10) days prior notice to User, which
may be sent by email or posted on the Site. Use of the Services
by User following such notification constitutes User’s acceptance
of any new or increased charges.
10. TERMINATION. Either party may terminate the Services at any
time by notifying the other party by any means. Iamastorefinder
may also terminate or suspend any and all Services and access to
the Site immediately, without prior notice or liability, if User
breaches any of the terms or conditions of this Agreement. Any fees
paid hereunder are non–refundable. Upon termination of the
User’s account, User’s right to use the Services, access
the Site, and any Content will immediately cease. All provisions
of this Agreement which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, and limitations of liability.
11. MISCELLANEOUS. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver
of any further rights hereunder. Iamastorefinder shall not be liable
for any failure to perform its obligations hereunder where such
failure results from any cause beyond Iamastorefinder’s reasonable
control, including, without limitation, mechanical, electronic or
communications failure or degradation (including “line–noise”
interference). If any provision of this Agreement is found to be
unenforceable or invalid, that provision shall be limited or eliminated
to the minimum extent necessary so that this Agreement shall otherwise
remain in full force and effect and enforceable. This Agreement
is not assignable, transferable or sublicensable by User except
with Iamastorefinder’s prior written consent. This Agreement
shall be governed by and construed in accordance with the laws of
the state of California without regard to the conflict of laws provisions
thereof.
12. ARBITRATION. Except as expressly set forth below, any dispute
arising from or relating to the subject matter of this Agreement
shall be finally settled by arbitration in San Francisco, California,
using the English language in accordance with the Arbitration Rules
and Procedures of JAMS then in effect, by one commercial arbitrator
with substantial experience in resolving commercial contract disputes,
who shall be selected on an expedited basis in accordance with the
Arbitration Rules and Procedures of JAMS. The arbitrator shall have
the authority to grant specific performance and to allocate between
the parties the costs of arbitration (including service fees, arbitrator
fees and all other fees related to the arbitration) in such equitable
manner as the arbitrator(s) may determine. The prevailing party
in the arbitration shall be entitled to receive reimbursement of
its reasonable expenses (including reasonable attorneys’ fees,
expert witness fees and all other expenses) incurred in connection
therewith. Judgment upon the award so rendered may be entered in
a court having jurisdiction or application may be made to such court
for judicial acceptance of any award and an order of enforcement,
as the case may be. Notwithstanding the foregoing, each party shall
have the right to institute an action at any time in any court of
proper jurisdiction for preliminary injunctive relief or other forms
of equitable relief. For all purposes of this Section 11, the parties
consent to exclusive jurisdiction and venue in the United States
federal Courts located in the Northern District of California.
13. ENTIRE AGREEMENT. Both parties agree that this Agreement is
the complete and exclusive statement of the mutual understanding
of the parties and supersedes and cancels all previous written and
oral agreements, communications and other understandings relating
to the subject matter of this Agreement, and that all modifications
must be in a writing signed by both parties, except as otherwise
provided herein. No agency, partnership, joint venture, or employment
is created as a result of this Agreement and User does not have
any authority of any kind to bind Iamastorefinder in any respect
whatsoever.
|