|
FetchXL.com is an Internet-based online information
and communication service. BY ACCESSING OR USING FetchXL.COM, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS
OR USE FETCHXL.COM.
AGREEMENT BETWEEN USER AND FETCHXL, LLC
The FetchXL.com Web Site is operated by FetchXL,
LLC, its subsidiaries and/or its affiliates (collectively, "FetchXL").
The FetchXL.com Web Site is offered to you conditioned upon your
acceptance without modification of the terms, conditions, and notices
contained herein (the "Agreement"). Your use of the FetchXL.com
Web Site constitutes your agreement to all such terms, conditions
and notices, as set forth below and in all links to this Agreement.
FetchXL reserves the right to change the terms,
conditions, and notices under which the FetchXL.com Web Site is
offered, including but not limited to any charges associated with
the use of the FetchXL.com Web Site now or in the future. You are
responsible for regularly reviewing these terms and conditions.
Unless otherwise specified, the FetchXL.com Web
Site is for your personal and non-commercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer or sell any information,
software, products or services obtained from the FetchXL.com Web
Site. Subject to any applicable terms in addition to this Agreement,
you may download information, software, products or services obtained
from the FetchXL.com Web Site for your personal, non-commercial
use only, provided you keep intact all copyright and other proprietary
notices.
FetchXL makes no representations whatsoever about
any other Web site which you may access through FetchXL.com Web
Site. When you access a non-FetchXL Web site, even one that may
contain the FetchXL-logo or other FetchXL trademark, service mark
or tradename, please understand that it is independent from FetchXL,
and that FetchXL has no control over the content on that Web site.
Additionally, the FetchXL.com Web Site may contain links to other
Web Sites ("Linked Sites"). The Linked Sites are not under
the control of FetchXL and FetchXL is not responsible for the contents
of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. FetchXL
is not responsible for webcasting or any other form of transmission
received from any Linked Site. FetchXL is providing these links
to you only as a convenience, and the inclusion of any link does
not imply endorsement by FetchXL of the site or any association
with its operators. It is up to you to take precautions to ensure
that whatever you select for your use is free of such items as viruses,
worms, trojan horses and other items of a destructive nature.
As a condition of your use of the FetchXL.com
Web Site, you warrant to FetchXL that you will not use the FetchXL.com
Web Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the FetchXL.com
Web Site in any manner which could damage, disable, overburden,
or impair the FetchXL.com Web Site or interfere with any other party's
use and enjoyment of the FetchXL.com Web Site. You may not obtain
or attempt to obtain any materials or information through any means
not made available or provided to you through the FetchXL.com Web
Site.
The FetchXL.com Web Site may contain bulletin
board services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or
with a group (collectively, "Communication Services").
You agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as
a limitation, you agree that when using a Communication Service,
you will not:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity)
of others.
- Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
- Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or
have received all necessary consents.
- Upload files that contain viruses, corrupted files,
or any other similar software or programs that may damage the
operation of another's computer.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes
or chain letters.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
distributed in such manner.
- Falsify or delete any author attributions, legal
or other proper notices or proprietary designations or labels
of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Your participation in the Communication Services may
be edited, censored or otherwise controlled by FetchXL; however,
FetchXL has no obligation to monitor the Communication Services.
FetchXL reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. FetchXL
reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever; provided, however, that any such termination be subject
to the terms of any applicable agreements with FetchXL. FetchXL
reserves complete and sole discretion with respect to the operation
of the FetchXL.com Web Site. FetchXL may, among other things, delete
email if it has not been accessed by a user within the time established
by any posted FetchXL policies. FetchXL will not review the contents
of email except as required or allowed by applicable law or legal
process.
FetchXL reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part,
in FetchXL's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. FetchXL does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
FetchXL specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized
FetchXL spokespersons, and their views do not necessarily reflect
those of FetchXL.
Materials uploaded to a Communication Service may
be subject to posted limitations on usage, reproduction and/or dissemination,
you are responsible for adhering to such limitations if you download
the materials.
FetchXL may, in its sole discretion, review uploaded
files, conferences, BBSs, forums, and chats and authorize restrictions
on access thereto.
FetchXL does not claim ownership of the materials
you provide to FetchXL (including feedback and suggestions) or post,
upload, input or submit to the FetchXL.com Web Site or its associated
services (collectively "Submissions"). However, except
as set forth in the Privacy Policy, by posting, uploading, inputting,
providing or submitting your Submission you are granting FetchXL
and its necessary sublicensees a royalty free, irrevocable, perpetual,
non-exclusive, unrestricted, worldwide license to use your Submission
in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use
of your Submission, as provided herein. FetchXL is under no obligation
to post or use any Submission you may provide and may remove any
Submission at any time in FetchXL's sole discretion. FetchXL will
not release your name or otherwise publicize the fact that you submitted
materials or other information to it unless: (a) FetchXL obtains
your permission to use your name; or (b) FetchXL first notifies
you that the materials or other information you submit to a particular
part of this site will be published or otherwise used with your
name on it; or (c) FetchXL is required to do so by law.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
When accessing secure areas on the FetchXL.com Web
Site requiring authentication you are responsible for the additional
terms and conditions of any agreements between FetchXL and you or
your employer, client or other associate to the extent the agreements
apply to you.
Any software (“Software”) that is made
available to download from the FetchXL.com Web Site (excluding software
that may be made available by end-users through a Communication
Service), is the copyrighted work of FetchXL and/or its suppliers.
Your use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with
the Software ("License Agreement"). You may not install
or use any Software that is accompanied by or includes a License
Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement,
FetchXL, LLC hereby grants to you, the user, a personal, non-transferable
license to use the Software for viewing and otherwise using the
FetchXL.com Web Site in accordance with these Terms of Use, and
for no other purpose provided that you keep intact all copyright
and other proprietary notices. No other license is granted. You
shall not modify, alter, decompile, reverse engineer or otherwise
change Software. All Software is owned by FetchXL and/or its suppliers
and is protected by copyright laws and international treaty provisions.
Any reproduction or redistribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge
that the Software, and any accompanying documentation and/or technical
information, is subject to applicable export control laws and regulations
of the U.S.A. You agree not to export or re-export the Software,
directly or indirectly, to any countries that are subject to U.S.A.
export restrictions.
THE INFORMATION, SOFTWARE, SOLUTIONS, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FetchXL.COM WEB
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. FetchXL AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
FetchXL.COM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE FetchXL.COM
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, TECHNICAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FetchXL AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE FetchXL.COM WEB SITE FOR ANY PURPOSE.
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FetchXL
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SOLUTIONS,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL FetchXL, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE FetchXL.COM WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE FetchXL.COM WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE FetchXL.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE FetchXL.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF FetchXL OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FetchXL.COM WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE FetchXL.COM WEB SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL
LIABILITY OF FetchXL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES
SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION
OR SERVICE PROVIDED.
Send a message by contacting
us.
All contents of the FetchXL.com Web Site are:
Copyright 2005. FetchXL, LLC
11717 Burt Street, Suite 209, Omaha, NE 68154, U.S.A.
All rights reserved. Material found on the FetchXL.com Web Site
contains the valuable properties of FetchXL, embodying substantial
creative efforts, no part of which may be reproduced or transmitted
in any form or by any means, or retained in any storage or retrieval
system, without the express written permission of FetchXL. FetchXL
reserves all rights in its trademarks, service marks and tradenames.
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement should
be sent to:
FetchXL, LLC
11717 Burt Street
Suite 209
Omaha, NE 68154
FetchXL considers its user’s privacy to
be of the utmost importance.
Learn more about FetchXL's privacy practices.
You represent and warrant that you are at least
eighteen (18) years of age and that you possess the legal right
and ability to enter into this Agreement and to use the FetchXL.com
Web Site in accordance with this Agreement. You agree to be financially
responsible for your use of the FetchXL.com Web Site (as well as
for use of any account by others, including minors living with you)
and to comply with your responsibilities and obligations as stated
in this Agreement. If you have agreed to allow your minor child,
or a child for whom you are legal guardian (a "Minor"),
to use or register as a member of the FetchXL.com Web Site services,
you agree that you shall be solely responsible for: (a) the online
conduct of such Minor; (b) monitoring such Minor’s access to
and use of the FetchXL.com Web Site; and (c) the consequences of
any use of the Services by such Minor.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
FetchXL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES
AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING
FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO
YOUR USE OF THE FetchXL.COM WEB SITE AND ANY ACCOUNT YOU MIGHT HAVE
(INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL
PROPERTY RIGHTS, MISAPPROPRIATION OF TRADE SECRETS OR OTHER PROPRIETARY
RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON
ACCESSING THE FetchXL.COM WEB SITE.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND
ALL CLAIMS YOU MAY HAVE AGAINST FetchXL, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES
OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE FetchXL.COM
WEB SITE.
Either you or FetchXL may terminate your right
to use the FetchXL.com Web Site at any time, with or without cause,
upon notice; provided, however, that any such termination be subject
to the terms of your agreement with FetchXL, if any. FetchXL also
reserves the right to terminate or suspend any FetchXL.com Web Site
membership or account without prior notice, but FetchXL will confirm
such termination or suspension by subsequent notice. In addition,
FetchXL may withdraw, suspend or discontinue any functionality or
feature of the FetchXL.com Web Site; provided, however, that if
your agreement with FetchXL provides for the continued use of any
functionality or feature, FetchXL will continue to provide that
respective functionality or feature to you subject to the provisions
of such agreement. The provisions concerning Copyrights, Indemnification,
Waiver, Release and Limitation of Liability, and General shall survive
any termination of this Agreement.
This agreement is governed by the laws of the
State of Missouri, U.S.A. You hereby consent to the exclusive jurisdiction
and venue of courts in Douglas County, Nebraska, U.S.A. in all disputes
arising out of or relating to the use of the FetchXL.com Web Site.
Use of the FetchXL.com Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. Any cause of action
or claim you may have with respect to FetchXL must be commenced
within one (1) year after the claim or cause of action arises. FetchXL’s
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement.
FetchXL may assign its rights and duties under this Agreement to
any party at any time without notice to you.
You agree that no joint venture, partnership, employment
or agency relationship exists between you and FetchXL as a result
of this Agreement or use of the FetchXL.com Web Site. FetchXL's
performance of this Agreement is subject to existing laws and legal
process, and nothing contained in this Agreement is in derogation
of FetchXL's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the FetchXL.com
Web Site or information provided to or gathered by FetchXL with
respect to such use. If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of this Agreement shall continue in effect. Unless otherwise specified
herein, this Agreement constitutes the entire agreement between
the user and FetchXL with respect to the FetchXL.com Web Site and
it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and FetchXL
with respect to the FetchXL.com Web Site; provided, however, that
any separate agreement between the user and FetchXL to access secure
areas of the FetchXL.com Web Site remain in full force and effect.
FetchXL may deliver notice to you under this
Agreement by means of electronic mail, a general notice on the FetchXL.com
Web Site, or by written communication delivered by first class U.
S. mail to your address on record in FetchXL’s account information.
You may give notice to FetchXL at any time by contacting
us or by letter delivered by first class postage prepaid U.
S. mail or overnight courier to the following address:
FetchXL, LLC
11717 Burt Street
Suite 209
Omaha, NE 68154
This Web site may contain other proprietary notices
and copyright information, the terms of which must be observed and
followed. Information on this Web site may contain technical inaccuracies
or typographical errors.
Information may be changed or updated without notice.
FetchXL may also make improvements and/or changes in the solutions
and/or the services described in this information at any time without
notice.
Except for where specifically covered by the Privacy
Policy, FetchXL does not want to receive confidential or proprietary
information from you through its Web site. Please note that any
information or material sent to FetchXL that is not covered by the
Privacy Policy will be deemed NOT to be confidential. Except where
covered by the Privacy Policy, by posting, uploading, inputting,
providing or submitting information to the FetchXL.com Web Site,
you are granting FetchXL and its necessary sublicensees a royalty
free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide
license to use the information in connection with the operation
of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat, and create derivative
works of the information; and to publish your name in connection
with your information.
No compensation will be paid with respect to the use
of your information, as provided herein. FetchXL is under no obligation
to post or use any information you may provide and may remove any
information at any time in FetchXL's sole discretion. However, FetchXL
will not release your name or otherwise publicize the fact that
you submitted materials or other information to it unless:
(a) FetchXL obtains your permission to use your name; or
(b) FetchXL first notifies you that the materials or other information
you submit to a particular part of this site will be published or
otherwise used with your name on it; or
(c) FetchXL is required to do so by law.
Learn more about FetchXL's
privacy practices.
In the event of any conflict between the terms of
this Agreement and the terms and conditions of your FetchXL Business
Agreement, if any, the terms of your FetchXL Business Agreement
shall have precedence.
Information FetchXL publishes on the World
Wide Web may contain references or cross references to FetchXL solutions,
programs and services that are not announced or available in your
country. Such references do not imply that FetchXL intends to announce
such solutions, programs or services in your country. Consult your
local FetchXL business contact for information regarding the solutions,
programs and services which may be available to you.
FetchXL's obligations with respect to its solutions
and services are governed solely by the agreements under which they
are provided. If you obtain a solution or service from FetchXL from
the FetchXL.com Web Site that is provided without an agreement,
that solution or service is provided "AS IS" with no warranties
whatsoever, express or implied, and your use of that solution or
service is at your own risk.
|
