Alaska Search Terms
of
Service
PLEASE
READ OUR TERMS OF
SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS
THAT WE MAY POST, STATE THE TERMS AND CONDITIONS UNDER WHICH SEARCHAKUSA
PROVIDES YOU WITH VARIOUS SERVICES ON SEARCHAKUSA.COM. ALL
SERVICES PROVIDED BY SEARCHAKUSA.COM
ARE COLLECTIVELY REFERRED TO AS "SEARCHAKUSA SERVICES." BY
ACCESSING,
BROWSING AND OR USING SEARCHAKUSA.COM AND OR SERVICES
POSTED ON SEARCHAKUSA.COM, YOU AGREE TO ACCEPT THE TERMS OF SERVICE
AND AGREE TO
BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF SEARCHAKUSA.COM.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS,
BROWSE, OR USE SEARCHAKUSA.COM OR ANY SERVICES WE PROVIDE.
Ownership of
SearchAKUSA.com and Protection of Our Intellectual Property Rights
The
contents of SearchAKUSA.com are intended for the personal and
noncommercial use of
our users. SearchAKUSA.com. All right, title and interest to the
content displayed on SearchAKUSA.com, including but not limited to
SearchAKUSA.com's
look and feel, data, information, text, graphics, images, sound or
video materials, photographs, designs, trademarks, service marks, trade
names, URLs and content provided by third parties, are the property
of SearchAKUSA.com, or the respective third
parties, and are protected by copyright, trademark, patent or other
proprietary rights and laws.
Except as
expressly authorized by SearchAKUSA.com,
you agree not to copy, modify, rent, lease, loan, sell, assign,
distribute, perform, display, license, reverse engineer or create
derivative works based on SearchAKUSA.com or any Content (including
without limitation any software) available through SearchAKUSA.com.
Changes To This Agreement
SearchAKUSA.com may
make changes to this Agreement at any time in its sole discretion. Each
time changes are made to this Agreement, a link to this new Agreement
will be posted on the home page. Your continued use of SearchAKUSA.com following the posting of
changes constitutes your
acceptance
of any such changes. You can review the most current version of this
Agreement here. Please check this page from time to time for current
terms of use.
Our Privacy Policy
The
information that we obtain through your use of SearchAKUSA.com, whether through the
registration process or otherwise, is subject to the privacy policy
posted here.
SearchAKUSA.com's Privacy Policy contains terms and conditions that
govern our collection and use of the information you provide to us,
including our respective rights relative to that information. Please
review our privacy policy before you use SearchAKUSA.com. If you
are
unwilling to accept the terms and conditions of SearchAKUSA.com's
Privacy Policy, please do not use SearchAKUSA.com.
Other Policies
Your use
of SearchAKUSA.com is also subject to the other
policies, disclaimers and guidelines we post on SearchAKUSA.com from time to time and at our
discretion.
Your License to Access Content
on SearchAKUSA.com
You are
hereby granted a
personal, nonexclusive, nontransferable, revocable, limited license to
view, reproduce, print, cache, store and distribute content retrieved
from SearchAKUSA.com
via a generally available consumer web browser, 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
SearchAKUSA.com
Services or remove or obscure the copyright notice or other
notices displayed on the content. You may not reproduce, print, cache,
store or distribute content retrieved from SearchAKUSA.com in any way, for any
commercial use without the prior written permission of SearchAKUSA.com or the copyright holder
identified in the relevant copyright notice.
You agree
not to
modify SearchAKUSA.com Services in any manner or form, or to use
modified versions of SearchAKUSA.com Services, including (without
limitation) for the purpose of obtaining unauthorized access
to SearchAKUSA.com Services or portions of SearchAKUSA.com
Services. You agree not to access SearchAKUSA.com Services by any
means other than through the interface that is provided by SearchAKUSA.com for use in accessing the
SearchAKUSA.com Services.
Except as
expressly provided in this Agreement, nothing contained in this
Agreement or on SearchAKUSA.com
shall be construed as conferring any other license or right, expressly,
by implication, by estoppel or otherwise, with respect to any of
SearchAKUSA.com's Content or under any third party's Content. Any
rights
not expressly granted herein are reserved.
If you
choose to forward content from SearchAKUSA.com
via email through our Services, you agree that you will only forward
such content to willing recipients known to you and that you will not
use such Services for engaging in spam or other unauthorized conduct.
No Automated Querying
You may
not send automated queries of any sort to SearchAKUSA.com. Note that "sending automated
queries" includes, among other things:
- using
any software which sends queries to our sites to determine how a
website or webpage "ranks" for various queries
- "meta-searching"
- performing "offline" searches
on SearchAKUSA.com
Posting Material on SearchAKUSA.com
Certain
Sites may allow
users to post or upload information, data, text, photographs, graphics,
messages and/or other content ("Postings"). You acknowledge and agree
that Postings and any and all liability arising from Postings are the
sole responsibility of the user who posted the content ("Poster"), and
not SearchAKUSA.com. SearchAKUSA.com does not control the Postings
and does not guarantee the accuracy, integrity or quality of any
Postings.
You
understand that by
using SearchAKUSA.com Services, you may be exposed to Postings that
are offensive, indecent or objectionable. Under no circumstances will
SearchAKUSA.com be liable in any way for any Postings, including, but
not
limited to, for any errors, omissions or misrepresentations in any
Postings, or for any loss or damage of any kind incurred as a result of
the use of, or arising from, any Postings.
If you do
choose to post content on SearchAKUSA.com,
please do not do so unless you understand that your Postings will be
available publicly. You should not assume that you are anonymous online
and cannot be identified by your Postings. You agree that all of your
Postings will comply with the requirements of this Agreement.
You agree not to use our Sites
to:
- Post
any Posting 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
or threaten to harm users in any way;
- "Stalk"
or otherwise harass any other person or entity;
- Impersonate
any person or entity (including a SearchAKUSA.com agent, enthusiast, or
moderator), or falsely state or otherwise misrepresent your affiliation
with a person or entity;
- Post
any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of solicitation
except in areas that are expressly designated by SearchAKUSA.com for such purpose;
- Disseminate
or
transmit any Content that infringes or violates any party's copyright,
trademark, trade secret, patent or other proprietary right, including,
but not limited to, using third party copyrighted materials, without
appropriate permission, using third party trademarks without
appropriate permission or attribution, or using or distributing third
party information (whether or not protected as a trade secret) in
violation of a duty of confidentiality;
- Disseminate
or transmit any worms, viruses or other harmful, disruptive or
destructive files, code or programs;
- Violate
any law (whether local, state, national, or international), whether or
not intentionally;
- Forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any Posting;
- Post
any content that
you do not have a right to under any law or under contractual or
fiduciary relationship (which includes inside information, proprietary
or confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- Interfere
with or disrupt SearchAKUSA.com Services, servers, or
networks
connected to SearchAKUSA.com, or disobey any requirements,
procedures, policies, or regulations of networks connected to the Sites;
- Collect
or store personal data about other users;
- Engage
in any
activities that would violate the personal privacy rights of others,
including but not limited to, collecting and distributing information
about Internet users without their permission, except as permitted by
applicable law; or
- Post
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.
You
acknowledge that SearchAKUSA.com does not pre-screen Postings, but
that SearchAKUSA.com
has the right but not the obligation, to refuse to make available, to
modify or to remove any Postings or portions of Postings in its sole
discretion and at any time without notice to the Poster, regardless of
whether those Postings violate the terms of this Agreement or are
otherwise objectionable.
You agree
that your use of
any Posting is at your own risk, including any reliance on the
accuracy, completeness, or usefulness of the Posting. You agree that if
you rely on any Posting submitted to SearchAKUSA.com, it is solely at your own
risk.
If you
choose to provide any Postings on our Sites, you agree that SearchAKUSA.com
may copy, distribute, display, publish, modify or translate such
Postings for any purpose and in any medium worldwide (including
incorporating the Postings into SearchAKUSA.com databases or any other SearchAKUSA.com
property, product or service) without any obligation to compensate you
or any other third party in any way for any such use. SearchAKUSA.com may grant other parties these
same rights as to the Postings.
Sites with Registration
Certain
sites require users
to register to obtain certain SearchAKUSA.com Services. Registration
is
initially available to anyone of requisite age and citizenship and is
limited to one registration per user. By registering for these
services, you agree to: (a) provide true, accurate, current and
complete information about yourself as requested by the SearchAKUSA.com
registration form (the "Registration Information") and (b) maintain and
update the Registration Information to keep it true, accurate, current
and complete. In addition to other grounds for suspension or
termination of your use of the SearchAKUSA.com Services, if you
provide
any information that is untrue, inaccurate, not current or incomplete,
or SearchAKUSA.com has reasonable grounds to
suspect that information you have provided is untrue, inaccurate, not
current or incomplete, SearchAKUSA.com
has the right to suspend or terminate your access and refuse you any
and all use of relevant Site. Registrants have the right to terminate
their account at any time by sending an e-mail to an address provided
on the relevant Site.
Passwords and Security
Access to
certain SearchAKUSA.com Services require you to choose a user name
(or
nickname) and
password. If you do so, you are responsible for maintaining the
confidentiality of your password and account and for logging out of
your account at the end of each session. In selecting a user name, you
agree that you will not (i) select or use a screen name of another
person with the intent to impersonate that person; (ii) use a name
subject to the rights of any person without their authorization; or
(iii) use a screen name that is offensive to people of ordinary
sensitivities, illegal, or infringing. You are fully responsible for
all activities that occur under your password or account. You agree (a)
to notify SearchAKUSA.com
immediately of any unauthorized use of your password or account or any
other breach of security, and (b) to ensure that you exit from your
account at the end of each session. SearchAKUSA.com cannot and will not be liable
for any loss or damage arising from your failure to comply with this
section.
Links to Other Web Sites
A central
part of SearchAKUSA.com Services includes links to other World Wide
Web sites
or resources. Because SearchAKUSA.com has no control over such
sites and resources, you acknowledge and agree that SearchAKUSA.com
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 SearchAKUSA.com
shall not be responsible or liable, directly or indirectly, for any
damage or loss 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. Finally, you acknowledge that such external sites
usually have their own terms and conditions, including privacy
policies, over which SearchAKUSA.com has no control and which will
govern your rights and obligations with respect to the use of those Web
sites.
Your Contact With Advertisers
Or Third Party Vendors
Your
dealings with
advertisers and third party vendors found on or through SearchAKUSA.com
Services, including your participation in promotions, the purchase of
goods, and any terms, conditions, warranties or representations
associated with such activities, are solely between you and the third
party. SearchAKUSA.com
does not make any representations or warranties with respect to any
goods or web sites that may be obtained from such third parties, and
you agree that SearchAKUSA.com
will have no liability for any loss or damage of any kind incurred as a
result of any activities you undertake in connection with the use of or
reliance on any content, goods, services, information or other
materials available, or through such third parties, on our Sites. You
acknowledge that such external sites usually have their own terms and
conditions, including privacy policies, over which SearchAKUSA.com has no control and which will
govern your rights and obligations with respect to the use of those Web
sites.
Compliance with Laws
You agree
to comply with all applicable laws regarding your use of SearchAKUSA.com
including, without limitation, all applicable laws (as well as
associated licenses and approvals) regarding the transmission of
technical data exported from the United States or the country in which
you reside.
Modifications To
SearchAKUSA.com
Services
SearchAKUSA.com
reserves
the right at any time and from time to time to modify, suspend,
discontinue or terminate SearchAKUSA.com Services (or any part
thereof) with or without notice. You agree that SearchAKUSA.com
will
not be liable to you or to any third party for any modification,
suspension, discontinuation or termination of SearchAKUSA.com
Services.
Termination of Your Access to
SearchAKUSA.com Services
You agree
that SearchAKUSA.com, in its sole discretion, may terminate your
access
to SearchAKUSA.com Services, and or remove, discard or modify any
Postings or
content within the Service, for any reason, including, without
limitation, for lack of use or if SearchAKUSA.com believes that you
have violated or acted inconsistently with the letter or spirit of this
Agreement. You agree that any termination of your access to the
SearchAKUSA.com Services may be effected without prior notice, and
acknowledge and agree that SearchAKUSA.com may immediately
deactivate
or delete your account and all related information and files in your
account and or bar any further access to such files or SearchAKUSA.com
Services. Further, you agree that SearchAKUSA.com shall not be
liable to you or any third party for the discontinuation or termination
of your access to the SearchAKUSA.com Services, even if advised of a
claim
for damages.
Information Disclaimer and
Disclaimer of Warranties
BY USING
SEARCHAKUSA SERVICES YOU UNDERSTAND AND AGREE THAT:
- SEARCHAKUSA.COM
SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON
OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER
MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. SEARCHAKUSA.COM AND THOSE
POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL
ON SEARCHAKUSA.COM ARE NOT RESPONSIBLE OR LIABLE
FOR ANY CONSEQUENCES RELATING
DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE
INFORMATION, SERVICES OR OTHER MATERIAL ON SEARCHAKUSA.COM.
- YOUR
USE OF SEARCHAKUSA SERVICES IS AT YOUR SOLE
RISK. SEARCHAKUSA
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEARCHAKUSA.COM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON- INFRINGEMENT.
- SEARCHAKUSA.COM MAKES
NO REPRESENTATION OR WARRANTY THAT SEARCHAKUSA SERVICES WILL MEET
YOUR REQUIREMENTS OR THAT SEARCHAKUSA SERVICES WILL BE
UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF SEARCHAKUSA SERVICE WILL BE
ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY
POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY
YOU THROUGH SEARCHAKUSA SERVICES WILL MEET YOUR NEEDS.
- ANY
MATERIAL OBTAINED
THROUGH THE USE OF SEARCHAKUSA SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OR USE OF ANY SUCH MATERIAL.
- NO
ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR
THROUGH OR FROM SEARCHAKUSA SERVICES SHALL CREATE ANY
WARRANTY
NOT EXPRESSLY STATED IN THEIR TERMS.
- YOUR
USE OF SEARCHAKUSA SERVICES IS ALSO SUBJECT TO
THE PICTURE SEARCH
DISCLAIMERS HERE AND THE FINANCIAL DISCLAIMERS HERE.
Limitation Of Liability
YOU
UNDERSTAND AND AGREE
THAT SEARCHAKUSA.COM IS NOT LIABLE FOR ANY
INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT
NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF
GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY),
OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, SEARCHAKUSA SERVICES, (2) THE COST OF
PROCUREMENT OF SUBSTITUTE
SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON
OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR SEARCHAKUSA SERVICES. THESE LIMITATIONS
WILL APPLY WHETHER OR NOT SEARCHAKUSA.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT
WILL SEARCHAKUSA.COM'S DIRECT LIABILITY HEREUNDER
EXCEED $100.00.
SOME
JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of
SearchAKUSA.com
You agree
to indemnify and
hold SearchAKUSA.com, its subsidiaries, and affiliates, and their
officers, directors, employees and agents harmless from and against any
and all liability, losses, claims, demands, disputes, damages or costs
of any kind, including, without limitation, reasonable attorneys' fees
and costs of litigation, resulting from or in any way connected with
(a) Postings or other content you submit or that are submitted from
your account, (b) your use of or reliance on SearchAKUSA.com
Services,
(c) your connection to our Sites, (d) your violation of this Agreement,
or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You
acknowledge and agree to the copyright and trademark notices posted
here.
No Other Agreements Between Us
With the
exception of our
Privacy Policy, this Agreement constitutes the entire agreement between
you and SearchAKUSA.com for governing your use of SearchAKUSA.com and
Services and supersedes any prior agreements between you and
SearchAKUSA.com for that purpose, including any membership
agreements
or other similar agreements applying to SearchAKUSA.com or SearchAKUSA.com
Services.
Law Applicable to
Interpretations and Disputes
This
Agreement and the
relationship between you and SearchAKUSA.com are governed by the
laws
of the State of New Mexico without regard to its conflict of law
provisions. You and SearchAKUSA.com agree to submit to the personal
and
exclusive jurisdiction of the courts located within the county of Doña
Ana, New Mexico USA.
Severability of This Agreement
If any
provision of this
Agreement is found by a court or other binding authority to be invalid,
you agree that every attempt shall be made to give effect to
the
parties' intentions as reflected in that provision, and the remaining
provisions contained in this Agreement shall continue in full force and
effect.
Limitation of Actions Brought
Against SearchAKUSA.com
You agree
that any claim or
cause of action arising out of your use of our Sites or this Agreement
must be filed within one year after such claim or cause of action arose
or it shall forever be barred, notwithstanding any statute of
limitations or other law to the contrary. Within this period, any
failure by SearchAKUSA.com to enforce or exercise any provision of
this
Agreement or related right shall not constitute a waiver of that right
or provision.
Contact Information
If you
have any questions or
concerns with respect to this Agreement or SearchAKUSA.com, you may contact a
representative of SearchAKUSA.com by sending an email to
support@searchakusa.com
or by mail at:
Alaska
Search
P.O. Box
13122
Las Cruces, New Mexico 88013-3122
Effective date: January 25, 2008
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