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iSearchNaked WEBSITE TERMS
OF USE
Welcome to the iSearchNaked.com web site (the “Web Site”), operated by
iSearchNaked, LLC. These "Terms of Use" set forth the terms and conditions
that apply to your use of the Web Site. By using the Web Site, you agree
to comply with all of the Terms of Use. If you do not agree to these
terms, please do not use the Web Site.
Personal Use Only
The Web Site is made available for your personal, non-commercial use only.
You may not use the Web Site, in whole or in part, for any purpose that is
unlawful or prohibited by these Terms of Use. You may not use the Web Site
to sell a product or service, or to increase traffic to your Web site for
commercial reasons, such as advertising sales. You may not take the
results from a Web Site search and reformat and display them, or mirror
the Web Site home page or results pages on your Web site. You may not
"meta-search" the
Web Site.
You agree that you will not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
transfer, download, post, create derivative works from, frame in another
web page, use on any other web site, transfer or sell any information,
software, lists of users, databases or other lists, products or services
provided through or obtained from the web site, including, but not limited
to the text, graphics, logos, photos, and audio and visual files, without
express written permission from iSearchNaked.
This means, among other activities, that you agree not to engage in the
practices of "screen scraping," "database scraping," or any other activity
with the purpose of obtaining lists of users or other information. You
agree that you will not use the iSearchNaked.com Web Site in any manner
that could damage, disable, overburden, or impair the Web Site or
interfere with any other party's use and enjoyment of the Web Site. You
may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the
iSearchNaked.com Web Site.
Privacy Policy
Your privacy is very important to us. Click to review the iSearchNaked.com
Privacy Policy.
Copyrights and Trademarks
The materials used and displayed on the Web Site, including but not
limited to text, software, photographs, graphics, illustrations and
artwork, video, music and sound, and names, logos, trademarks and service
marks (collectively, the Materials), are the property of iSearchNaked or
its affiliates or licensors who have granted iSearchNaked permission to
use such Materials. All Materials are protected by copyright, trademark
and other laws. Any such content may be displayed solely for your
personal, non-commercial use. You agree not to modify, reproduce,
retransmit, distribute, disseminate, sell, publish, broadcast or circulate
any Material without the written permission of iSearchNaked or the
appropriate affiliate or licensor.
Links to Third-Party Web Sites
The Web Site provides hyperlinks to third-party web sites as a convenience
to users of the Web Site. iSearchNaked does not control third-party web
sites and is not responsible for the contents of any linked-to,
third-party web sites or any hyperlink in a linked-to web site.
iSearchNaked does not endorse, recommend or approve any third-party web
site hyperlinked from the Web Site. Any content, representations or
warranties made on such other web sites are the sole responsibility of the
operator of the site, and iSearchNaked assumes no liability, obligation,
or responsibility for such content, representations, or warranties. Some
of the internet sites that you visit through these links may assess
separate charges for the content, goods or services that they provide.
Costs, taxes or other charges you incur when visiting these websites are
your sole responsibility
Disclaimer of Warranties
The information and materials on the Web Site could include technical
inaccuracies or typographical errors. Changes are periodically made to the
information contained herein. While we make every effort to provide
accurate information on the Web Site, we cannot guarantee that all of the
information on our Web site is correct or current.
You understand that, except for
information, products or services clearly identified as being supplied
directly by iSearchNaked, iSearchNaked does not operate, control, endorse,
guarantee, represent or warrant any information, products or services on,
or accessed through, the Web Site in any way. Except for iSearchNaked
identified information, products or services, all information, products
and services offered on the Web site are offered by third parties that are
not affiliated with, nor under the control of, iSearchNaked. iSearchNaked
will not and does not guarantee, represent or warrant that files or
software of any kind, or from any source, available for use or downloading
through the Web site, will be free of infection or viruses, worms, Trojan
Horses or other code or defects that manifest contaminating or destructive
properties.
iSearchNaked MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY
INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS
PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND
HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. iSearchNaked DISCLAIMS ANY WARRANTIES REGARDING THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEB SITE OR ITS
OTHER SERVICES. iSearchNaked DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION
OR ADVICE OBTAINED THROUGH THE WEB SITE OR ITS OTHER SERVICES.
iSearchNaked DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE WEB SITE OR OTHER iSearchNaked SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEB SITE OR iSearchNaked, AS
WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED
IN THE WEB SITE OR OTHERWISE BY iSearchNaked.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR
DATA THROUGH THE USE OF THE WEB SITE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR
DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL iSearchNaked BE LIABLE TO ANY USER ON ACCOUNT
OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE WEB SITE OR OTHER
iSearchNaked SERVICES OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT
OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO
PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF iSearchNaked
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND
RELIANCE ON THE WEB SITE OR OTHER iSearchNaked SERVICES, FROM INABILITY TO
USE THE WEB SITE OR OTHER SERVICES, OR FROM THE INTERRUPTION, SUSPENSION,
OR TERMINATION OF THE WEB SITE OR OTHER SERVICES (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN
THE WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEB SITE OR OTHER
iSearchNaked SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON,
OR IS LINKED OR RELATED IN ANY WAY TO, THE WEB SITE OR THOSE SERVICES.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall iSearchNaked
be held liable for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders
of domestic or foreign courts or tribunals, non-performance of third
parties, or loss of or fluctuations in hear, light, or air conditioning.
Third Party Sources
In order to provide a comprehensive resource for the user, iSearchNaked
has collected product and service and other information from many sources.
The accuracy of information has not necessarily been verified. If you
believe any information is inaccurate, please contact iSearchNaked at
info@isearchnaked.com.
Arbitration and General Provisions
Any claims relating to the information available on the Web Site shall be
governed by the laws of the State of California U.S.A., excluding the
application of its conflicts of law rules, and without giving effect to
your actual state or country of residence.
You agree that any dispute or controversy arising out of or relating to
any interpretation, construction, performance or breach of these Terms of
Use or any agreement incorporating these terms and conditions reference,
shall be settled exclusively by arbitration to be held in San Diego
County, California, in accordance with the rules then in effect of the
American Arbitration Association. The arbitrator may grant injunctions or
other relief in such dispute or controversy. The decision of the
arbitrator shall be final, conclusive and binding on the Parties to the
arbitration. Judgment may be entered on the arbitrator's decision in any
court having jurisdiction. The Parties shall each pay one-half of the
costs and expenses of such arbitration, and each shall separately pay its
respective counsel fees and expenses.
iSearchNaked makes no representation that the information in the Web Site
is appropriate or available for use in other locations, and access to the
Web Site from territories where the contents of the Web Site may be
illegal is prohibited. Those who choose to access the Web Site from other
locations do so on their own initiative and are responsible for compliance
with applicable local laws.
If for any reason a court of competent jurisdiction finds any provision or
portion of the Terms of Use to be unenforceable, the remainder of the
Terms of Use will continue in full force and effect. These Terms of Use
constitute the entire agreement between the parties with respect to the
subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding
such subject matter. Any waiver of any provision of the Terms of Use will
be effective only if in writing and signed by an officer of iSearchNaked.
Changes to These Terms of Use
iSearchNaked reserves the right to change or terminate these Terms of Use
from time to time, for any reason, and without notice at any time by
posting new Terms of Use at this location. Please review these Terms of
Use from time to time so that you will be apprised of any changes. You can
send e-mail to iSearchNaked with any questions relating to these Terms of
Use at info@iSearchNaked.com.
Revised: July 21, 2005
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