|
TERMS
AND AGREEMENTS AND DISCLAIMER
AND LIMITATION OF LIABILITY
DISCLAIMER AND LIMITATION OF LIABILITY
The information ("Information") accessible by you ("USER") using What-U-Seek has many sources that are not
controlled by What-U-Seek. and/or its licensors (collectively "What-U-Seek" also known as
"whatUseek"). whatUseek
grants you non-transferable, non-exclusive, limited license to use on the single named website (the "Website")
as described in your application/signup to whatUseek IntraSearch (also known as
"Hyper-IntraSearch") ("Product") to be used solely as permitted in this
agreement.
USER's Duty:
USER shall 1) Determine whether the Information complies with USER's needs; 2) Determine whether USER has adequate
legal rights to store, reproduce or otherwise make use of Information in the manner contemplated by USER; 3) Comply
with any legal obligations, including but not limited to, obligations imposed by copyright, secrecy, defamation,
decency, and export laws; and 4) Isolate Information, execute anti-contamination software and otherwise take steps
to ensure that Information, if contaminated or infected, will not damage USER's information or system.
INFORMATION Not Warranted Or Guaranteed In Any Way
What-U-Seek IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. What-U-Seek MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO
What-U-Seek OR ANY 'INFORMATION'.
What-U-Seek does not warrant or guarantee 1) the accuracy, adequacy, quality,
currentness, validity, completeness,
or suitability of any Information for any purpose; 2) that any Information will be free of infection by viruses,
worms, Trojan horses or anything else manifesting contaminating or destructive properties; 3) that the Information
will not contain adult-oriented material, or material which some individuals may deem objectionable; or 4) that the
functions or services performed by What-U-Seek will be uninterrupted or error-free or that defects in What-U-Seek
will be corrected.
No What-U-Seek Liability
In no event shall What-U-Seek be liable to anyone for any delays, inaccuracies, errors or omissions with respect to
the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or
occasioned thereby, or for the results obtained from the use of the Information. What-U-Seek will not be
responsible if any Information infects or contaminates a USER's system or information. The entire risk as to the
quality and performance of What-U-Seek and the accuracy, adequacy, completeness,
currentness, validity and quality
of any Information is with the USER.
IN NO EVENT WILL WHAT-U-SEEK BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY,
USE, RELIANCE ON, OR INABILITY TO USE WHAT-U-SEEK OR ANY 'INFORMATION', EVEN IF WHAT-U-SEEK SHALL HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;
OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY
'INFORMATION'.
Prohibitions
You shall be prohibited from using (and this Agreement shall automatically terminate if you use the Product in
connection with any of the following materials, content or activities: (i) Nudity, pornography, or sexual
material of a lewd, lecherous or obscene nature and/or intent or that violates local, state or national laws; (ii)
any material that violates or infringes in any way upon the rights of others, including, without limitation,
copyright or trademark rights (this includes "warez" or pirated software (copyrighted software that is distributed
illegally), copyrighted music, copyrighted photographs, text, video or artwork); (iii) any material that is
threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane,
indecent, or otherwise objectionable, including posting private information of another person; (iv) content that
promotes, encourages, or provides instructional information about illegal activities including, without limitation,
hacking, cracking, or phreaking (phone fraud); (v) any software, information or other material that contains a
virus, "Trojan Horse," trap door, corrupted data or any other harmful or damaging component; (vi) content containing
hate propaganda, hate mongering, swearing, or fraudulent material.
|