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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