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347Search.com
Terms Of Use
General
347Search.com.com and, its subsidiaries and affiliates
(collectively "347Search.com") provide you
with access to this Web site and the services available on
this Web site, or other Web sites as indicated below,
(collectively, the "Services," which will be defined
more under the Section, "Services."). Access to and
use of the Services is governed by these Terms of Use (the
"Agreement"). By accessing or using the Services,
you indicate your assent to be bound by the Agreement, and
your acknowledgment of and agreement to its terms.
Services
The Services include 347Search.com
Search (located at http://www.347Search.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, whether it is fly fishing,
medical research or digital cameras. We provide you with
search listings of advertisers of 347Search.com (as
well as search listings provided to 347Search.com by a
third party to supplement the advertiser listings) that help
you find what you are looking for.
A little more detail:
The Services act as a system or venue to introduce you to
buyers and sellers of goods and services and providers of
information. 347Search.com
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 347Search.com.
347Search.com 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 347Search.com, (ii) the truth or accuracy or
legality of the content from those advertisers or those third
parties (even if such content appears on the Services), or
(iii) the availability or technical capabilities of their Web
sites or links to those Web sites. 347Search.com is not
liable or responsible for content supplied by third parties,
or for actions you might take in reliance on that content.
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 will sell any product or service for any
purpose or price or on any specific terms. 347Search.com
does not guarantee the price, terms, product, availability
and/or services offered by any advertiser.
For all of the Services, 347Search.com
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, services or
information provided by advertisers. If you have a dispute
with one or more advertisers, you agree to release and hereby
release 347Search.com (and 347Search.com'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.
Only Personal Use is Authorized
Under this Agreement, 347Search.com
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 347Search.com's express permission.
The technology underlying, and content within, the Services
is owned by 347Search.com
and/or its licensors (including 347Search.com's
advertisers and other content providers) and is protected by
copyright and other intellectual property or proprietary
rights. If you use the Services other than as provided above,
you may violate copyright and other laws of the United States,
other countries, as well as applicable state laws and may be
subject to penalties. That would not be a good thing. As
between you and 347Search.com, 347Search.com
owns and retains all ownership of the technology underlying
and content within the Services, and reserves all rights not
explicitly granted to you in this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND. 347Search.com DISCLAIMS ANY WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
347Search.com
Potential Liability for the Services is Limited
NEITHER 347Search.com
NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
AFFILIATES, 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. 347Search.com 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
347Search.com, ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
In notifying 347Search.com of alleged copyright
infringement, you must include the following information: A
description of the copyrighted work that is the subject of
claimed infringement A description of the infringing material
and information sufficient to permit 347Search.com to
locate the alleged material Contact information for you,
including your address, telephone number and/or email address
A statement by you that you have a good faith belief that the
material in the manner complained of is not authorized by the
copyright owner, or its agent, or by the operation of any law
A statement by you, signed under penalty of perjury, that the
information in the notification is accurate and that you have
the authority to enforce the copyrights that are claimed to be
infringed A physical or electronic signature of the copyright
owner or a person authorized to act on the owner's behalf
Failure to include all of the above-listed information may
result in the delay of the processing of your complaint. For
more information on the Digital Millennium Copyright Act
please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
347Search.com does not
arbitrate or resolve trademark disputes among
347Search.com
advertisers or between those advertisers and third parties.
However, 347Search.com will promptly comply with an
order of a court of competent jurisdiction concerning a
trademark issue. 347Search.com occasionally receives
requests to remove listings from within the Services.
347Search.com reserves the right to address such
requests on a case-by-case basis.
Objectionable Material
347Search.com
encourages you to use discretion when browsing the Internet or
using the Services. The Services may contain information that
you find objectionable, harmful, deceptive or otherwise
inappropriate, especially for children. To ensure you do not
receive offensive material, nevertheless, you must install
your own filtering software if you wish to limit the content
available through the Services.
If you come across any site that you believe contains child
pornography or other illegal material, please contact webmaster@347Search.com
and we will contact the authorities as appropriate.
Privacy and Data Collection
347Search.com does not collect
personally identifying information from users of the Services
unless users have explicitly given such information to
347Search.com (for example, when becoming an advertiser
or when sending us an email with a question or as part of a
contest). 347Search.com information practices are
further described in its privacy policy.
347Search.com privacy policy is part of this Agreement,
and you agree that use of data as described in the privacy
policy is not an actionable breach of your privacy or
publicity rights. If you have entered into another agreement
with 347Search.com
(such as an Affiliate Agreement or an Advertiser Agreement),
then you may be subject to additional or different provisions
regarding privacy and data collection. If you would like more
information, please read our privacy
policy.
You should consider any communication that you transmit to
347Search.com (such as data, questions or answers,
comments, or suggestions) as non-confidential, and agree that
347Search.com will not be liable or responsible if
information that belongs to you is intercepted and used by an
unintended recipient.
Control over Features, Functions, and Access to the
Services
347Search.com reserves the right to change any
information, features and functions of the Services without
prior notice. 347Search.com may deny you access to all
or part of the Services without prior notice if you engage in
any conduct or activities that 347Search.com
determines, in its sole discretion, violate this Agreement,
the rights of 347Search.com 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.
347Search.com 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.
Arbitration
Any controversy or claim arising out of or relating to this
Agreement or the Services will be settled by binding
arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such
controversy or claim must be arbitrated on an individual
basis, and must not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration
must be conducted in Los Angeles, California, and judgment on
the arbitration award may be entered into any court having
jurisdiction thereof. Either you or 347Search.com may
seek any interim or preliminary relief from a court of
competent jurisdiction in Los Angeles, California, as
necessary to protect the rights or property of you or
347Search.com
Amendment
347Search.com 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 347Search.com.
Contacting Us
If you have any questions about our site, this agreement, or
our general procedures, please contact: webmaster@347Search.com
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