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411web
Terms of Service for Your Personal Use
Welcome! By using 411web's
search engine or other 411web services ("411web Services"), you
agree to be bound by the following terms and conditions (the "Terms of
Service").
Content Linked to by 411web
The Content include 411web Search (located at www.411web.com and our 650 other domain based sites, as well as www.411.com and www.mycity.com ) (the "411web Search"). The 411web Search may also be located on third party web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Our Search 411web Search enable you to search the World Wide Web for anything that interests you, whether, for example, it is fly fishing, medical research or digital cameras. We may provide you with search listings of advertisers of 411web (as well as search listings provided to 411web by a third party to supplement the advertiser listings) that help you find what you are looking for. PLEASE NOTE: IN MOST CASES, OUR ADVERTISERS HAVE PAID 411web A FEE BASED ON THE NUMBER OF VISITORS TO THEIR SITE. AS THE LISTING ARE RANKED ACCORDING TO WHAT THE ADVERTISERS BID FOR THAT PLACEMENT, RANKING DOES NOT CREATE A NEXUS BETWEEN QUALITY AND/OR RELEVANCY OF CONTENT. ADDITIONALLY, 411web MAY LIST ADVERTISERS FROM OTHER THIRD PARTY PAY FOR PLACEMENT SEARCH ENGINES, UNDER A SIMILAR ARRANGEMENT.
A little more detail:
The 411web Search acts as a system or venue to introduce you to buyers and sellers of goods and 411web Search and providers of information. 411web uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the 411web Search. However, the 411web Search are composed of content not offered by 411web. 411web does not control (i) the quality, safety or legality of items available through or on its advertisers' Web sites or sites of third parties not in privity of contract with 411web, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the 411web Search), or (iii) the availability or technical capabilities of their Web sites or links to those Web sites. 411web is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the 411web Search is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. 411web does not guarantee the price, terms, product, availability and/or 411web Search offered by any advertiser. For all of the 411web Search, 411web is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, 411web Search or information provided by advertisers. If you have a dispute with one or more advertisers, you agree to release and hereby release 411web (and 411web's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If applicable, you waive California Civil Code section 1542, which says:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Personal Use Only
The 411web Services
are made available for your personal, non-commercial use only. You may not
use the 411web Services 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 411web search and reformat and display them, or
mirror the 411web home page or results pages on your Web site. You may not
"meta-search" 411web.
No Automated Querying
You may not send
automated queries of any sort to 411web's system without express permission
in advance from 411web. Note that "sending automated queries"
includes, among other things:
- using any software which
sends queries to 411web to determine how a website or webpage
"ranks" on 411web for various queries;
- "meta-searching" 411web;
and
- performing
"offline" searches on 411web.
Please do not write to
411web to request permission to "meta-search" 411web for a research
project, as such requests will not be granted.
Privacy Policy
Click here to review the 411web Privacy Policy.
Changes In Terms and Conditions and 411web Search Service
We may modify or
terminate our services from time to time, for any reason, and without notice,
including the right to terminate with or without notice, without liability to
you, any other user or any third party. We reserve the right to modify these
Terms of Service from time to time without notice. Please review these Terms
of Service from time to time so that you will be apprised of any changes.
Intellectual Property Policy
It is our policy to
respond to notices of alleged infringement that comply with the Digital
Millennium Copyright Act.
For information
regarding our trademark complaint procedure, please email customerservice@411web.com.
Disclaimer of Warranties
411web disclaims any
and all responsibility or liability for the accuracy, content, completeness,
legality, reliability, or operability or availability of information or
material displayed in the 411WEB SERVICES results. 411web disclaims any
responsibility for the deletion, failure to store, misdelivery, or untimely
delivery of any information or material. 411web disclaims any responsibility
for any harm resulting from downloading or accessing any information or
material on the Internet through the 411WEB SERVICES.
THE 411WEB SERVICES,
AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE 411WEB
SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. 411WEB
AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 411WEB AND ITS LICENSORS
DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF THE 411WEB SERVICES. 411WEB AND ITS LICENSORS DISCLAIM, ANY
WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE 411WEB
SERVICES. 411WEB AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE 411WEB SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED BY THE 411WEB SERVICES, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE 411WEB
SERVICES.
YOU UNDERSTAND AND
AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE
OF THE 411WEB SERVICES 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 411WEB OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S
USE OR MISUSE OF OR RELIANCE ON THE 411WEB SERVICES. 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 411WEB OR ITS LICENSORS HAVE 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 411WEB SERVICES, FROM INABILITY TO
USE THE 411WEB SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF THE 411WEB 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 411WEB
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE 411WEB SERVICES, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
ON THE 411WEB SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE 411WEB
SERVICES. 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 411WEB SERVICES OR ANY INFORMATION OR MERCHANDISE THAT
APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE 411WEB 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 411web or its licensors 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 heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service
will be governed by and construed in accordance with the laws of the State of
California, without giving
effect to its conflict of laws provisions or your actual state or country of
residence. If for any reason a court of competent jurisdiction finds any
provision or portion of the Terms of Service to be unenforceable, the
remainder of the Terms of Service will continue in full force and effect.
These Terms of Service
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 Service will be
effective only if in writing and signed by 411web.
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