|
1. ACCEPTANCE OF TERMS
Welcome to .CA Web Search. CA Web Search provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. You can review the most current version of the TOS at any
time at: http://www.CAwebSearch.com/terms.html.
In addition, when using particular .CA Web Search services, you and .CA Web Search shall
be subject to any posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules (including but not
limited to our Privacy
Policy) are hereby incorporated by reference into the TOS. CA Web Search may
also offer or be associated with other services by itself or via partners or customers
that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
.CA Web Search is part of the iEntry Network of email newsletters, websites and other
properties. CA Web Search currently provides users with access to a collection of
resources, including but not limited to, a business to business search engine
and directory (the "Service"). You also understand and agree that the Service
may include advertisements and that these advertisements are necessary for .CA Web Search
to provide the Service. You also understand and agree that the service may include
certain communications from .CA Web Search, such as service announcements, administrative
messages and certain branded and co-branded email newsletters (THIS SPECIFICALLY
INCLUDES A SUBSCRIPTION TO THE WEBPRONEWS AND/OR .CA Web Search EMAIL NEWSLETTER(S)
AND SPONSOR UPDATES.), and that these communications are considered part of your
CAwebSearch membership. As a submitter to .CA Web Search you may unsubscribe from
the newsletter(s) and all future .CA Web Search communications but .CA Web Search reserves
the right to remove your listing from the free .CA Web Search service. Unless explicitly
stated otherwise, any new features that augment or enhance the current Service,
including the release of new .CA Web Search properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that .CA Web Search
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
Please be aware that .CA Web Search has created certain areas on the Service that
contain adult or mature content. You must be at least 18 years of age to access
and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction and are authorized
to represent the company who owns the website you are submitting . It is required
that you submit proper contact information. If you are a third party operating
on behalf of another company it is also required that you provide proper contact
information for .CA Web Search to contact a representative of the company and this
includes a company contact email address. You also agree to: (a) provide true,
accurate, current and complete information about yourself and the business you
are representing as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or .CA Web Search has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, .CA Web Search has the right to suspend or terminate your listing and
.CA Web Search Membership and refuse any and all current or future use of the Service
(or any portion thereof). .CA Web Search may also attempt to update or enhance the
information you provided (including but not limited to the contact information
you provided for the company you represent including physical business address
and email contact address) by visiting and/or searching your submitted websites
or searching the web for identifying information about you, your website or business.
.CA Web Search may also phone you or your business to update or enhance the data
you provided. Additionally, .CA Web Search may utilize append services to add data
related to you, your site or business to the .CA Web Search database and make available
all or part of this data for web display. .CA Web Search is concerned about the safety
and privacy of all its users, particularly children. Please remember that the
Service is designed to appeal to a broad audience. Accordingly, as the legal guardian,
it is your responsibility to determine whether any of the Services and/or Content
(as defined in Section 6 below) are appropriate for your child.
4. .CA Web Search PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full privacy policy at
http://www.CAwebSearch.com/privacy.html.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and Membership Account designation upon completing
the Service's registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify .CA Web Search
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. .CA Web Search
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not .CA Web Search, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available via the Service. .CA Web Search does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no circumstances
will .CA Web Search be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a .CA Web Search
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material 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;
- interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that .CA Web Search may not pre-screen Content, but that .CA Web Search
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service. Without
limiting the foregoing, .CA Web Search and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by
.CA Web Search or submitted to .CA Web Search.
You acknowledge, consent and agree that .CA Web Search may access, preserve, and
disclose your account information and Content if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or personal
safety of .CA Web Search, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks
or devices.
You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and use of
these materials is subject to usage rules set by .CA Web Search and/or content providers
who provide content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials provided
on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree
to comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and hold .CA Web Search, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your .CA Web Search
I.D.), use of the Service, or access to the Service.
10. MODIFICATIONS TO SERVICE
.CA Web Search reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that .CA Web Search shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION
You agree that .CA Web Search may, under certain circumstances and without prior
notice, immediately terminate your .CA Web Search account, listing and company
profile content, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended periods of inactivity.
Termination of your .CA Web Search account includes (a) removal of access to all
offerings within the Service, (b) at .CA Web Search's discretion, deletion of your
password and all related information, files and content associated with or inside
your account (or any part thereof), and (c) barring further use of the Service.
Further, you agree that all terminations for cause shall be made in .CA Web Search's
sole discretion and that .CA Web Search shall not be liable to you or any third-party
for any termination of your account, any associated email address, or access to
the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that .CA Web Search shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because .CA Web Search has no control over such sites and
resources, you acknowledge and agree that .CA Web Search is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree
that .CA Web Search shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available on or through
any such site or resource.
14. .CA Web Search'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by .CA Web Search or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
.CA Web Search grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface
that is provided by .CA Web Search for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. .CA Web Search EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- .CA Web Search MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM .CA Web Search
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE
IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING
THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAwebSearch SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF CAwebSearch HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18 again. They
go doubly for you. In addition, for this type of information particularly, the
phrase "Let the investor beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is intended for trading
or investing purposes. .CA Web Search and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information transmitted
or made available via the Service, and shall not be responsible or liable for
any trading or investment decisions made based on such information.
19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
20. NOTICE
.CA Web Search may provide you with notices, including those regarding changes to
the TOS, by either email, regular mail, or postings on the Service.
21. TRADEMARK INFORMATION
The, .CA Web Search logo, is a trademark of iEntry, Inc. (the ".CA Web Search Marks").
Without iEntry's prior permission, you agree not to display or use in any manner,
the .CA Web Search Marks.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
.CA Web Search respects the intellectual property of others, and we ask our users
to do the same. CAwebSearch may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers. To
report infringement please contact us at support@CAwebSearch.com.
23. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you
and .CA Web Search and governs your use of the Service, superceding any prior agreements
between you and .CA Web Search. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other .CA Web Search services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
.CA Web Search shall be governed by the laws of the State of Kentucky without regard
to its conflict of law provisions. You and .CA Web Search agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of
Fayette, Kentucky.
Waiver and Severability of Terms. The failure of .CA Web Search to exercise
or enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
Statute of Limitations. 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 TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual
effect.
24. VIOLATIONS
Please report any violations of the TOS to support@CAwebSearch.com.
|
|
iEntry 10th Anniversary
Submit Your Site
About
