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Terms
and Conditions
SearchFactor.Com Inc. ("SearchFactor") provides
the SearchFactor Web site including the SearchFactor Home Page
and other SearchFactor content (collectively, the "SearchFactor
Site") subject to your compliance with the terms
and conditions below. PLEASE READ THIS BEFORE ACCESSING
THE SearchFactor SITE. BY ACCESSING THE SearchFactor SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SearchFactor
SITE.
1. Rules.
While visiting the SearchFactor Site, you may also not:
post, transmit or otherwise distribute information
constituting or encouraging conduct that would
constitute a criminal offense or give rise to civil
liability, or otherwise use the SearchFactor Site in a
manner which is contrary to law or would serve to
restrict or inhibit any other user from using or
enjoying the SearchFactor Site or the Internet; post or
transmit any information or software which contains a
virus, cancelbot, trojan horse, worm or other harmful or
disruptive component; upload, post, publish, transmit,
reproduce, or distribute in any way, information,
software or other material obtained through the SearchFactor Site which is protected by copyright, or other
intellectual property right, or derivative works with
respect hereto, without obtaining permission of the
copyright owner or right holder.
2. Monitoring.
SearchFactor.Com Inc. has no obligation to monitor the
SearchFactor Site. However, you agree that SearchFactor.Com
Inc. has the right to monitor the SearchFactor Site
electronically from time to time and to disclose any
information as necessary to satisfy any law, regulation
or other governmental request, to operate the SearchFactor
Site properly, or to protect itself or its subscribers. SearchFactor.Com Inc. will not intentionally monitor or
disclose any private electronic-mail message unless
required by law. SearchFactor.Com Inc. reserves the right
to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in
violation of this Agreement.
3. Privacy.
SearchFactor.Com Inc. cannot ensure or guarantee privacy
for SearchFactor users. It is therefore recommended that
this service not be used for the transmission of
confidential information. Any such use shall be at the
sole risk of the user, and SearchFactor.Com Inc. and its
affiliate and related companies shall be relieved of all
liability in connection therewith.
4. Buying over the Internet.
When making purchases or other transactions through
the SearchFactor Site or the Internet, but you may also be
asked by the Merchant or information or service provider
to supply certain information, Including credit card or
other payment mechanisms. You agree that all information
you provide any merchant or information or service
provider through the SearchFactor Site will be accurate and
complete. You agree to pay all charges incurred by you
Or other users of your account and credit card or other
payment mechanisms at the prices in effect when such
charges are incurred. You also will be responsible for
paying all applicable taxes, if any, relating to
purchases on the SearchFactor Site. SearchFactor.Com Inc. is
in no way responsible for any charges you or any user of
your account incurs when making purchases or other
transactions in this manner.
5. Limitation of Liability.
SearchFactor.Com Inc. takes no responsibility for the
accuracy or validity of any claims or statements
contained in the documents and related graphics on the SearchFactor Site. Further,
SearchFactor.Com Inc. makes no
representations about the suitability of any of the
information contained in software programs, documents
and related graphics on the SearchFactor Site for any
purpose. All such software programs, documents and
related graphics are provided without warranty of any
kind. In no event shall SearchFactor.Com Inc. be liable for
any damages whatsoever, including special, indirect or
consequential damages, arising out of or in connection
with the use or performance of information available
from the service.
6. Recourse.
If you are dissatisfied with the SearchFactor Site or
with any terms, conditions, rules, policies, guidelines,
or practices of SearchFactor.Com Inc. in operating the SearchFactor Site, your sole and exclusive remedy is to
discontinue using the SearchFactor Site.
7. Confidential Information.
You authorize SearchFactor.Com Inc. to collect from any
party and to retain all relevant information relating to
your use of the SearchFactor Site, and you hereby authorize
any party to provide us with such information. You
understand and agree that unless you notify SearchFactor.Com Inc. to the contrary by e-mailing us, you
further authorize SearchFactor.Com Inc. to disclose, on a
confidential basis, to any party with whom SearchFactor.Com
Inc. has business relations all relevant information
relating to your dealings with us and the SearchFactor
Site.
8. Indemnity.
You agree to defend, indemnify and hold
SearchFactor.Com
Inc. and its affiliate and related companies harmless
from any and all liabilities, costs and expenses,
including reasonable attorneys' fees, related to any
Violation of this Agreement by you or users of your
account, or in connection with the use of the SearchFactor
Site or the Internet or the placement or transmission of
any message, information, software or other materials on
the SearchFactor Site or on the Internet by you or users of
your account.
9. Trademarks.
SearchFactorTM and other names, logos and icons
identifying SearchFactor and SearchFactor.Com Inc. products
and services referenced herein are trademarks or
registered trademarks of SearchFactor.Com Inc.. All other
product and/or brand or company names mentioned herein
are the trademarks of their respective owners.
10.DISCLAIMER.
THE MATERIAL CONTAINED IN THIS ARCHIVE IS PROVIDED
'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS
TO THE RESULTS AND THE PERFORMANCE OF THE MATERIAL IS
ASSUMED BY THE USER, AND IN NO EVENT WILL SearchFactor.Com
Inc. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR
DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE
MATERIAL IN THIS ARCHIVE. USE OF THE FREEWARE AND
SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE
GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY
CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED
TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED
AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.
11. Miscellaneous.
This Agreement, including any and all documents
referenced herein, constitute the entire agreement
between SearchFactor.com, Inc. and you pertaining to the
subject matter hereof. SearchFactor.Com Inc.'s failure to
insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a
waiver of any provisions or right. If any of the
provisions contained in this Agreement be determined to
be void, invalid or otherwise unenforceable by a court
of competent jurisdiction, such determination shall not
affect the remaining provisions contained herein. This
Agreement shall be governed by and construed in
accordance with the laws of the province of Quebec and
the federal laws of Canada applicable therein.
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