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TERMS OF USE
General
Hi-Performance Marketing, Inc. and, its subsidiaries and
affiliates (collectively "HPM") 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
Our search services (located at www.freesearch.com
the "Search Services") enable you to search the World
Wide Web for anything that interests you, whether it is new cars,
free coupons or wombats. We provide you with search listings of
advertisers of HPM (as well as search listings provided to HPM by
a third party to supplement the advertiser listings) that help you
find what you are looking for. The Services include HPM Search
The Services may also be located on third party web sites
and/or applications.
The Services
act as a system or venue to introduce you to buyers and sellers of
goods and services and providers of information on the world wide
web. However, the Services are composed of content not offered by
HPM. HPM does not control (i) or provide: 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
HPM, (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 Web sites or links to those Web sites provided
through HPM’s Search Services. HPM 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.
For all of the
Services, HPM 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
HPM (and HPM'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,
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, HPM 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 incident 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
HPM's prior written permission.
The technology
underlying, and content within, the Services is owned by HPM
and/or its licensors (including HPM'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. As between
you and HPM, HPM owns and retains all ownership of the underlying
technology 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. HPM DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
HPM's
Potential Liability for the Services is Limited
NEITHER HPM 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. HPM WILL NOT BE LIABLE FOR ANY MATERIAL OR CONTENT OF
THE 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 HPM, ITS EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE
PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH
STATE LAW.
Defamation,
Copyright and Trademark Claims
HPM is a provider of interactive computer services for purposes of
47 U.S.C. section 230. As such, its liability for others' conduct
and information is limited as described therein.
Further, HPM
is a service provider pursuant to the Digital Millennium Copyright
Act. Pursuant to the Digital Millennium Copyright Act, HPM has
designated an agent to receive notifications of alleged copyright
infringement on the Services:
L’Abbate,
Balkan, Colavita & Contini LLP
Jane Myers, Esq.
1050 Franklin Ave
Garden City, NY 11530
Tel: 516-294-8844
Fax: 516-294-8202
E-Mail: terms_of_use@freesearch.com
In notifying
HPM of alleged copyright infringement, you must include the
following information:
-
A
detailed description of the copyrighted work that is the
subject of claimed infringement
-
A
detailed description of the infringing material and
information sufficient to permit HPM 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/.
HPM does not
arbitrate or resolve trademark disputes among HPM's advertisers or
between those advertisers and third parties. However, HPM will
promptly comply with an order of a court of competent jurisdiction
concerning a trademark issue. HPM occasionally receives requests
to remove listings from within the Services. HPM reserves the
right to address such requests on a case-by-case basis.
Objectionable
Material and Family Filtering
HPM 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. If this is a concern for you, HPM
encourages you to use the adult filtering service that may be
provided by HPM. 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.
Privacy and
Data Collection
HPM does not collect personally identifying information from users
of the Services unless users have explicitly given such
information to HPM (for example, when becoming an advertiser or
when sending us an email with a question or as part of a contest).
HPM's information practices are further described in its privacy
policy. HPM's 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 HPM (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 HPM (such as data,
questions or answers, comments, or suggestions) as
non-confidential, and agree that HPM 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
HPM reserves the right to change any information, features and
functions of the Services without prior notice. HPM may deny you
access to all or part of the Services without prior notice if you
engage in any conduct or activities that HPM determines, in its
sole discretion, violate this Agreement, the rights of HPM 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 New
York without regard to its conflict of law provisions. HPM's
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 Nassau
County, New York, and judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Either you or
HPM may seek any interim or preliminary relief from a court of
competent jurisdiction in Nassau County, New York, as necessary to
protect the rights or property of you or HPM.
Notice
You may direct any questions concerning this Agreement to:
Hi-Performance Marketing, Inc.
PO Box 7008
Wantagh, NY 11793
terms_of_use@freesearch.com
Amendment
HPM 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 HPM.
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