Office
Search Online Listing Access Agreement
Please read this
Agreement carefully before accessing the Office Search Online database.
As a condition to and in consideration of receiving and accessing the
Office Search Online listings, the User agrees to be bound by the terms
of this Agreement. Use of or access to the Office Search Online Listing
shall constitute acceptance of and agreement to be bound by this Agreement.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE Office
Search Online Listing.
If you have any
questions about this Agreement, please contact us via e-mail at info@officesearchonline.com.
Office Search Online Listing
Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between Applied
Business Solutions, Inc. and any individual, corporation, association,
agency, company, or other entity who accesses or uses the Office Search
Online Listing (the "User" or "you").
The Office Search Online Listing,
which is provided without charge to you, is a World Wide Web site on the
Internet that is designed to allow users to post ads and/or to view ads
posted by other users or interact with those users. The Office Search
Online Listing is owned and operated by Applied Business Solutions, Inc.
The Office Search Online Listing contains or may contain information,
communications, opinions, text, graphics, links, electronic art, animations,
audio, video, software, photos, music, sounds and other material and data
(collectively, "Content") formatted, organized and collected
in a variety of forms that are generally accessible to Users, including
directories and databases, and areas of the Office Search Online Listing
that can be modified by Users, such as posting ads, uploading multimedia
files, registering user profiles, and creating Auto-Notify profiles ("Interactive
Areas").
1. User Rights and Responsibilities
1.1 Access to the Office Search Online Listing.
You are responsible for providing all hardware, software, telephone or
other communications equipment and/or service to connect to the Internet
and access the Office Search Online Listing and are responsible for all
Internet access charges, telephone charges or other fees or charges incurred
in connecting to the Internet and accessing the Office Search Online Listing.
1.2 User Conduct.
You agree to access and use the Office Search Online Listing only for
lawful purposes. You are solely responsible for the knowledge of and adherence
to any and all laws, statutes, rules and regulations, pertaining to (i)
your use of the Office Search Online Listing, including any Interactive
Area, (ii) the use of any networks or other services connected to the
Office Search Online Listing, and (iii) the communications means by which
you connect your modem, computer, or other equipment to the Office Search
Online Listing. By accessing the Office Search Online Listing, you agree
that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive
Features;
(2) post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane, or indecent information of any kind, including without limitation
any transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any local, state, national, or international law;
(3) post or transmit any information,
software, or other material which violates or infringes in the rights
of others, including material which is an invasion of privacy or publicity
rights or which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first obtaining
permission from the owner or right holder.
(4) post or transmit any information,
software or other material which contains a virus or other harmful component;
(5) alter, damage or delete
any Content or other communications that are not your own Content or to
otherwise interfere with the ability of others to access the Office Search
Online Listing;
(6) disrupt the normal flow
of communication in an Interactive Area;
(7) claim a relationship with
or to speak for any business, association, institution or other organization
for which you are not authorized to claim such a relationship;
(8) violate any operating rule,
policy or guideline of your Internet access provider or online service.
2. Intellectual Property
Rights
2.1 Office Search Online Listing content.
(a) You acknowledge that Content on the Office Search Online Listing is
generally provided by the Office Search Online Listing, individual contributors
of Content ("Contributors"), third party licensees, and/or other
Users. You acknowledge that the Office Search Online Listing permits access
to Content that is protected by copyrights, trademarks, and other proprietary
(including intellectual property) rights ("Intellectual Property
Rights"), and that these Intellectual Property Rights are valid and
protected in all media existing now or later developed and except as is
explicitly provided below, your use of Content shall be governed by applicable
copyright and other intellectual property laws. You acknowledge that the
Office Search Online Listing owns a copyright in the "look and feel,"
i.e., the selection, coordination, arrangement and presentation of such
Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish,
create derivative works from, display or otherwise transfer or commercially
exploit any of the Content, in whole or in part, provided, however, that
you may (i) make a reasonable number of digital or other form of copies
to permit your computer hardware and software to access and view the Content,
(ii) print one copy of each piece of Content, (iii) make and distribute
a reasonable number of copies of Content, in whole or in part, in hard
copy or electronic form for internal use only. Any permitted copies of
Content must reproduce in an unmodified form any notices contained in
the Content, such as all Intellectual Property Right notices, and an original
source attribution to "The Office Search Online Listing" and
its URL address. You acknowledge that the Office Search Online Listing,
its Contributors, and/or Users remain the owners of the Content and that
you do not acquire any Intellectual Property Rights by downloading or
printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish,
reproduce or distribute, on or through the Office Search Online Listing
only Content that is not subject to any Intellectual Property Rights,
or Content in which any holder of Intellectual Property Rights has given
express authorization for distribution over the Internet and on the Office
Search Online Listing, without restriction whatsoever. Any Content submitted
with the consent of a copyright owner other than you should contain a
phrase such as "Copyright owned by [name of owner]; Used by Permission."
By submitting Content to any Interactive Area, you automatically grant
and/or warrant that the owner of such Content, whether it be You or a
third party, has expressly granted to the Office Search Online Listing
the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted,
worldwide right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, sublicense, distribute, perform,
and display such Content, in whole or in part, worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed for the full term of any Intellectual Property Rights that may
exist in such Content. You also permit the Office Search Online Listing
to sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to such Content. You also
permit any User to access, view, store and reproduce the Content for personal
use.
2.3 Interactive Areas
You acknowledge that the Office Search Online Listing may include various
interactive areas ("Interactive Areas"), including but not limited
to ads. These Interactive Areas allow feedback to the Office Search Online
Listing and real-time interaction between users. You further understand
that the Office Search Online Listing does not control the messages, information,
or files delivered to such Interactive Areas and that the Office Search
Online Listing may offer you and other Users the capability of creating
and managing an Interactive Area. However, neither the Office Search Online
Listing, its subsidiary and parent companies, or affiliates, nor their
respective directors, officers, employees and agents are responsible for
Content within any Interactive Area. Your use and/or management of an
Interactive Area will be governed by this Agreement and any additional
rules or operating procedures of any Interactive Area established by you
or another User, as applicable. You recognize that the Office Search Online
Listing cannot, and does not intend to, screen communications in advance.
Moreover, because the Office Search Online Listing encourages open and
candid communication in the Interactive Areas, the Office Search Online
Listing cannot determine in advance the accuracy or conformance to this
Agreement of any Content transmitted in an Interactive Area. The Office
Search Online Listing is not responsible for screening, policing, editing,
reviewing or monitoring any Content in an Interactive Area. Notwithstanding
the above, you agree that the Office Search Online Listing has the right
to monitor any Interactive Area, from time to time and to disclose any
information as necessary to satisfy any law, regulation or other governmental
request, to operate the Interactive Area, or to protect itself or other
Users. If notified of Content that is alleged not to conform to this Agreement,
the Office Search Online Listing may investigate the allegation and determine
in its sole discretion whether to remove or request the User to remove
such Content. The Office Search Online Listing reserves the right to prohibit
conduct, communication or Content within an Interactive Area, or to edit,
refuse to post, or to remove any Content, in whole or in part, which it
deems in its sole discretion to (i) violate the then-standard provisions
of this Agreement or any other standard, written Office Search Online
Listing policy in effect at that time, (ii) be harmful to the rights of
any User, the Office Search Online Listing, or other third parties, (iii)
violate applicable law, or (iv) be otherwise objectionable.
2.4 Termination
The only right with respect to dissatisfaction with any policies, guidelines,
or practices of the Office Search Online Listing in operating the Office
Search Online Listing, or any change in Content, is for you to discontinue
accessing the Office Search Online Listing. The Office Search Online Listing
may terminate or temporarily suspend your access to all or any part of
the Office Search Online Listing, without notice, for conduct that the
Office Search Online Listing believes is a violation of this Agreement
or any policies or guidelines posted by the Office Search Online Listing,
or for other conduct which the Office Search Online Listing believes,
in its sole discretion, is harmful to the Office Search Online Listing
or other Users. The Office Search Online Listing may discontinue operating
the Office Search Online Listing and terminate this Agreement without
notice at any time for any reason in its sole discretion. In the event
of termination, you are no longer authorized to access the Office Search
Online Listing, including the Interactive Areas, and the restrictions
imposed on you with respect to Content downloaded from the Office Search
Online Listing, as well as the disclaimers and limitations of liabilities
set forth in this agreement, shall survive.
3. Links; Disclaimers Of
Warranties; Limitations of Liability
3.1 Links.
You understand that except for Content, products or services expressly
available at the Office Search Online Listing, neither the Office Search
Online Listing, its subsidiary and parent companies, or affiliates, or
their respective directors, officers, employees, and agents controls,
provides, or is responsible for any Content, goods or services available
through sites on the Internet linked to or from the Office Search Online
Listing. All such Content, goods and services are made accessible on the
Internet by independent third parties and are not part of the Office Search
Online Listing or controlled by the Office Search Online Listing. The
Office Search Online Listing neither endorses nor is responsible for the
accuracy, completeness, usefulness, quality or availability of any Content,
goods or services available on any site linked to or from the Office Search
Online Listing, which are the sole responsibility of such independent
third parties, and your use thereof is solely at your own risk. Neither
the Office Search Online Listing, its subsidiary and parent companies,
or affiliates, or their respective directors, officers, employees, and
agents shall be held responsible or liable, directly or indirectly, for
any loss or damage caused or alleged to have been caused by your use of
or reliance on any Content, goods or services available on any site linked
to or from the Office Search Online Listing or your inability to access
the Internet or any site linked to or from the Office Search Online Listing.
3.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained
or opinions expressed on the Office Search Online Listing. It is the policy
of the Office Search Online Listing not to endorse or oppose any opinion
expressed by a User or Content provided by a User, Contributor, or other
independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Office Search
Online Listing IS AT YOUR SOLE RISK. NEITHER THE Office Search Online
Listing NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION
OR SERVICES WARRANTS THAT THE Office Search Online Listing OR ANY INTERNET
SITE LINKED TO OR FROM THE Office Search Online Listing WILL BE UNINTERRUPTED
OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING
THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Office Search
Online Listing OR ANY INTERNET SITE LINKED TO OR FROM THE Office Search
Online Listing OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY,
COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY,
OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED
THROUGH THE Office Search Online Listing OR ANY SITE LINKED TO OR FROM
THE Office Search Online Listing. THE Office Search Online Listing IS
PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE Office Search Online Listing, ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT,
THE Office Search Online Listing, OR ANY INTERNET SITE LINKED TO OR FROM
THE Office Search Online Listing, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT
LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF,
RECORDS.
UNDER NO CIRCUMSTANCES SHALL
THE Office Search Online Listing, ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR
ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED
WITHIN THE Office Search Online Listing OR THE CONTENT CONTAINED WITHIN
ANY INTERNET SITE LINKED TO OR FROM THE Office Search Online Listing.
THE CONTENT WITHIN THE Office Search Online Listing AND THE CONTENT WITHIN
INTERNET SITES LINKED TO OR FROM THE Office Search Online Listing MAY
INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED
IN NEW VERSIONS OF THE Office Search Online Listing AND SPECIFICALLY ARE
INCLUDED IN THIS SECTION AGREEMENT. THE Office Search Online Listing AND
ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT
ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE
AND AGREE THAT THE Office Search Online Listing IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY
USER. IF YOU ARE DISSATISFIED WITH ANY Office Search Online Listing SITE
CONTENT, OR WITH THE ACCESS AGREEMENT OF THE Office Search Online Listing,
IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Office Search Online Listing.
4. Indemnity
You agree to indemnify and hold the Office Search Online Listing, its
parent or subsidiary companies and their affiliates, and their respective
directors, officers, employees, and agents from any and all liabilities,
claims and expenses, including reasonable attorneys fees, arising from
breach of this Agreement, any other policy, your use or access of the
Office Search Online Listing or any Internet site linked to or from the
Office Search Online Listing, or in connection with the transmission of
any Content on the Office Search Online Listing.
5. Miscellaneous
This Agreement comprises the entire agreement between the Office Search
Online Listing and you, and supersedes any prior agreements with respect
to the subject matter herein. The Office Search Online Listing may revise
this Agreement or any other policy at any time and from time to time,
and such revision shall be effective two (2) days upon posting notice
of such revision prominently on the Office Search Online Listing. You
agree to review this Agreement periodically to be aware of such revisions.
If any such revision is unacceptable to you, you must discontinue accessing
the Office Search Online Listing. Your continued accessing and use of
the Office Search Online Listing following notice of any such revision
shall conclusively be deemed acceptance of all such revisions. The provisions
of Sections 1.2, 2.1, 2.2, 3.1, 3.2, 3.3, 4 and 5 shall survive the termination
or expiration of this Agreement. If any provision of this Agreement or
any other policy be held invalid or unenforceable, that portion shall
be construed in accordance with applicable law as nearly as possible to
reflect the original intention of the parties and the remaining portions
will continue in full force and effect. The failure of the Office Search
Online Listing 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. This Agreement shall be governed by the laws of the state or
province of domicile of the Office Search Online Listing, excluding its
conflict of laws rules, and you and the Office Search Online Listing each
submit to the exclusive jurisdiction of the courts of that state or province.
This Agreement is personal to you and you may not assign your rights or
obligations thereunder to anyone. All logos, brand names, products, trademarks
and service marks appearing herein may be the trademarks or service marks
of their respective owners. References to any trademark, service mark
and links to or from the Office Search Online Listing have been done strictly
for clarification and identification and does not constitute endorsement
by the Office Search Online Listing of the products, services or information
offered by the owner of such trademark, service mark or link or endorsement
of the Office Search Online Listing by such trademark, service mark or
link owner. |
