TERMS OF USE
Services
The Services include ABizSearch (located at www.abizsearch.com)
(the "Search Services") The Services may also be located on
third party web sites and/or applications. Our Search Services enable you
to search the World Wide Web for anything that interests you. We provide
you with search listings of advertisers (as well as search listings
provided to Abizsearch by a third party to supplement the advertiser
listings) that help you find what you are looking for.
Details:
The Services act as a system or venue to introduce you to buyers and
sellers of goods and services and providers of information. ABizSearch
uses reasonable efforts to ensure the availability of the information and
content, including links, that it makes available through the Services.
However, the Services are composed of content not offered by ABizSearch.
ABizSearch does not control the quality, safety or legality of items
available through or on its merchants' and advertisers' Web sites or sites
of third parties not in privity of contract with ABizSearch. The truth or
accuracy or legality of the content from those merchants and advertisers
or those third parties (even if such content appears on the Services), or
the availability or technical capabilities of their Web sites or links to
those Web sites. ABizSearch is not liable or responsible for content
supplied by third parties.
Nothing contained in any of the Services is an offer or promise to sell
a specific product for a specific price or that any advertiser (or
merchant) will sell any product or service for any purpose or price or on
any specific terms. ABizSearch does not guarantee the price, terms,
product, availability and/or services offered by any advertiser or
merchant.
For all of the Services, ABizSearch is not involved in any transactions
between you and any of its advertisers or merchants, and is not
responsible for, and does not guarantee the price or performance of any
goods, services or information provided by advertisers or merchants. If
you have a dispute with one or more advertisers or merchants, you agree to
release and hereby release ABizSearch (and ABizSearch 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." |
Only Personal Use is Authorized
Under this Agreement, ABizSearch gives you permission to access and use
the Services for your personal use, and to copy, distribute and transmit
the content of the Services only to the extent that such copying,
distribution, and transmission is automatically done through your browser
software incidentally to using the Services for your personal use. You may
also print a copy of the information displayed on the Services for your
personal use. That means, that except as set forth above, you may not
modify, reformat, copy, display, distribute, transmit, publish, license,
create derivative works from, transfer or sell any information, products,
or service obtained by your use of the Services. This restriction means,
among other things, that you may not mirror on your own Web site any
portion of the Services or display through your own Web site any results
pages or other information from the Services without ABizSearch.com
express permission.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
ABIZSEARCH DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
ABizSearch Potential Liability for the Services is Limited
NEITHER ABIZSEARCH NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS,
SUBSIDIARIES, AFFLIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS
OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR
INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. ABIZSEARCH WILL NOT BE
LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES
OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT
LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE
LIABILITY OF ABIZSEARCH, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY SUCH STATE LAW.
Control over Features, Functions, and Access to the Services
ABizSearch reserves the right to change any information, features and
functions of the Services without prior notice. ABizSearch may deny you
access to all or part of the Services without prior notice if you engage
in any conduct or activities that ABizSearch determines, in its sole
discretion, violate this Agreement, the rights of ABizSearch or any third
party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of California
without regard to its conflict of law provisions. ABizSearch failure to
exercise or enforce any right or provision of the Agreement will not be
deemed to be a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Services must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
Amendment
ABizSearch may amend this Agreement at any time by posting the amended
terms on its Web site. Except as stated below, all amended terms are
automatically effective 15 days after they are initially posted. This
Agreement may not be otherwise amended except in a written document signed
by you and ABizSearch. This agreement was last revised on June 14,
2002.
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