Terms of Service
General
This surfcampsearch.com website (the "Site") is owned and operated by Aloha Internet Properties LLC (“AIP,” "we," "us," or “our”). By using this Site,
you agree to be bound by these Terms of Service ("TOS") and to use the Site in accordance with these Terms of Service, our Privacy Policy and any
additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. By accessing
and/or using the Site in any way, you signify your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of
Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By
continuing to use the Site after we post any changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the information, content and materials available on the Site are the property of us and/or our affiliates or
licensors or other third parties, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your
personal noncommercial use. You may not use the Site or the content, information or materials available on the Site in a manner that constitutes an
infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the
owner of the content, information or materials you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative
works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from
time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use provided you keep intact all
copyright and other proprietary notices.
Your License to Us. By posting or submitting any content, information or material (including, without limitation, text, postings, messages, discussions,
photos and videos) to us via the Site, you are representing: (i) that you are the owner of the information, content or material, or are making your
posting or submission with the express consent of the owner of the content, information or material; and (ii) that you are thirteen years of age or
older. In addition, when you submit or post any content, information or material, you are granting us, and anyone authorized by us, a royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from,
distribute, and/or publicly perform or display such information, content or material, in whole or in part, in any manner or medium, now known or
hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission,
including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the
exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by
name, email address, username or screen name, as we deem appropriate.
Interactive Features
This Site may include a variety of features and functions, including but not limited to message boards, chat rooms, messaging functions and email
services, which allow real-time interaction between users and other methods of communication (“User Generated Content”). Responsibility for what is
posted on message boards, chat rooms, and other public posting areas on the Site, or sent via any email or messaging services on the Site (including
but not limited to private messaging), lies with each user – you alone are responsible for the information, content or material you post or send. We do
not control the messages, content, information, material or files that you or others may provide through the Site. It is a condition of your use of the
Site that you do not:
When participating in a public area of the Site, including using the Site’s interactive features and/or posting User-Generated Content, never assume
that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Such information
may not be reliable, and it is not a good idea to take any action, including without limitation to make any summer camp or program decisions, based
solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content
contained in, on or through this Site, and we shall not be responsible for any decisions made or actions taken or not taken based on such information
or content.
You understand that we have no obligation to monitor any message boards, chat rooms, messaging features or other areas of the Site through which
users can post, transmit or view any information, content or material. However, we reserve the right at all times to disclose any information we believe
necessary to satisfy any law, regulation or governmental request, or to refuse to post, edit or remove any information, content or materials, in whole
or in part, that in our sole discretion is objectionable or in violation of these Terms of Service or for any other reason. We also reserve the right to deny
access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of
others to enjoy the Site or infringes the rights of others.
Registration
To access certain features of the Site, you may be required to register. You agree to provide true, accurate, current and complete information about
yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or
incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our privacy policy.
Passwords
To use certain features of the Site, you will need a username and password which you will choose and/or receive through the Site’s registration
process. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities (whether by
you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account
or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss
or damage arising from your failure to protect your password or account information.
Online Commerce
Certain sections of the Site may allow you to purchase products and services online that are provided by third parties. We are not responsible for the
quality, accuracy, timeliness, reliability, safety or any other aspect of such products and services. If you make a purchase from a merchant on the Site
or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as
part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and by us. A merchant may
have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition,
when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your
purchase or use of such products or services. For more information regarding a merchant, including without limitation a summer camp or program, its
online store (or method by which it conducts online sales), its privacy policies, and/or any additional terms and conditions that may apply, visit that
merchant’s website and click on its information links or contact the merchant directly. You release us and our licensors and affiliates from any damages
that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by
third parties through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and
to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for
speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase
goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that
requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such
third party to provide such third party’s personal information.
Linked Sites
This Site may provide links to other World Wide Web sites or resources. Because we may not have control over such sites and resources, you
acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not necessarily endorse and are not
responsible or liable for any content, information, advertising, products, services or other materials on or available from such sites or resources. You
further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, information, goods or services available on or through any such site or resource.
ANY CORRESPONDENCE OR BUSINESS DEALINGS THAT YOU HAVE WITH THIRD PARTIES (INCLUDING ADVERTISERS) USING ANY LINKED SITES,
INCLUDING THE DELIVERY OF AND THE PAYMENT FOR GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS
ASSOCIATED WITH SUCH DEALINGS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE
FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH
ADVERTISERS ON THE SERVICE.
Use of Company Directories
The information contained in any company directories or search results that may be provided on the Site is provided for business lookup purposes and
is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without
warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
Communications
As part of your use of the Site, you agree to receive a series of ongoing communications regarding the Site and related matters. Upon the receipt of
these communications, you will have the option to opt-out or unsubscribe.
Advertising
When you submit an advertisement for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and
you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. Submission of an
advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement
for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise,
reject or cancel any advertisement at any time, in our sole discretion. Rates and specifications are subject to change.
Children
This Site is not intended for children under the age of 13. We will not knowingly collect personally identifiable information from children under 13, and if
you are under the age of 13 then you may not register to use this Site. Further, we may, at our discretion, require users under 18 to obtain the
consent of a parent or guardian to view certain information, content or materials, and we may limit access to certain content to users above a specified
age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
WE STRONGLY RECOMMEND THAT PARENTS AND LEGAL GUARDIANS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY
ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
Disclaimers
THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THIS SITE (INCLUDING, WITHOUT LIMITATION, USER-
GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE
SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE
AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THIS SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY
THIRD PARTY SITES OR SERVICES LINKED TO FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR
OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or
from this Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from
this Site or third-party information, content or materials contained on this Site (including, without limitation, User-Generated Content). We do not
endorse any of the merchandise, goods or services nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the
information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any
information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third
party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on this Site (including, without
limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including,
without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY
(INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE
OR CONTENT, MATERIALS OR FUNCTIONS ON THIS SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS SITE
OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR
OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED
TO THIS WEB SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold ADC, its principals, officers, directors, employees, agents, representatives, licensors, affiliates, successors,
assigns and each person and entity involved in creating and delivering this Site harmless from any claim or demand, including attorney fees and court
costs, made by any third party due to or arising out of any content, information or material you post, submit or make available through the Site, of your
use of the Site, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of the rights of another.
United States Jurisdiction
The Site is operated in the United States of America. We do not represent that content, information or materials presented on the Site are appropriate
or available for use in other locations. If you access the Site from a jurisdiction other than the United States, you agree that you do so on your own
initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Site.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in our Privacy Policy which is
incorporated herein by reference. You in turn agree and consent to the terms of the Privacy Policy by your use of the Site. If you do not agree with our
privacy policy, you may not use the Site.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you
are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to
material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Choice of Law and Forum
This agreement shall be governed by and construed in accordance with the laws of the state of California without regard to its conflict of law
provisions. You and AIP hereby agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, state
of California.
Other
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes
all previous and contemporaneous agreements, proposals and communications, oral or written. You also may be subject to additional terms and
conditions that may apply when you use the products or services of a third party that are provided through the Site. If any provision of this agreement
shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions.
This agreement is subject to change. The most recent update was January 13, 2008.
Home
General
This surfcampsearch.com website (the "Site") is owned and operated by Aloha Internet Properties LLC (“AIP,” "we," "us," or “our”). By using this Site,
you agree to be bound by these Terms of Service ("TOS") and to use the Site in accordance with these Terms of Service, our Privacy Policy and any
additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. By accessing
and/or using the Site in any way, you signify your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of
Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By
continuing to use the Site after we post any changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the information, content and materials available on the Site are the property of us and/or our affiliates or
licensors or other third parties, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your
personal noncommercial use. You may not use the Site or the content, information or materials available on the Site in a manner that constitutes an
infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the
owner of the content, information or materials you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative
works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from
time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use provided you keep intact all
copyright and other proprietary notices.
Your License to Us. By posting or submitting any content, information or material (including, without limitation, text, postings, messages, discussions,
photos and videos) to us via the Site, you are representing: (i) that you are the owner of the information, content or material, or are making your
posting or submission with the express consent of the owner of the content, information or material; and (ii) that you are thirteen years of age or
older. In addition, when you submit or post any content, information or material, you are granting us, and anyone authorized by us, a royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from,
distribute, and/or publicly perform or display such information, content or material, in whole or in part, in any manner or medium, now known or
hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission,
including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the
exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by
name, email address, username or screen name, as we deem appropriate.
Interactive Features
This Site may include a variety of features and functions, including but not limited to message boards, chat rooms, messaging functions and email
services, which allow real-time interaction between users and other methods of communication (“User Generated Content”). Responsibility for what is
posted on message boards, chat rooms, and other public posting areas on the Site, or sent via any email or messaging services on the Site (including
but not limited to private messaging), lies with each user – you alone are responsible for the information, content or material you post or send. We do
not control the messages, content, information, material or files that you or others may provide through the Site. It is a condition of your use of the
Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or
regulations of the networks we use to provide the Site. - Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Harm minors in any way.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password
mining or other illicit means. - Obtain or attempt to obtain any content, materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
information, content or materials 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. - Use the Site to post or transmit any information, content, software or other material that violates or infringes upon the rights of others, including
material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission from the owner or rights holder. - Use the Site to post or transmit any information, content, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, content, software or other material for commercial purposes, or that contains
advertising. - Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written
approval. - Gather for marketing or any other purposes any email addresses or other personal information that has been posted by other users of the Site or
harvest any such information about such users without such users’ express written consent.
When participating in a public area of the Site, including using the Site’s interactive features and/or posting User-Generated Content, never assume
that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Such information
may not be reliable, and it is not a good idea to take any action, including without limitation to make any summer camp or program decisions, based
solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content
contained in, on or through this Site, and we shall not be responsible for any decisions made or actions taken or not taken based on such information
or content.
You understand that we have no obligation to monitor any message boards, chat rooms, messaging features or other areas of the Site through which
users can post, transmit or view any information, content or material. However, we reserve the right at all times to disclose any information we believe
necessary to satisfy any law, regulation or governmental request, or to refuse to post, edit or remove any information, content or materials, in whole
or in part, that in our sole discretion is objectionable or in violation of these Terms of Service or for any other reason. We also reserve the right to deny
access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of
others to enjoy the Site or infringes the rights of others.
Registration
To access certain features of the Site, you may be required to register. You agree to provide true, accurate, current and complete information about
yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or
incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our privacy policy.
Passwords
To use certain features of the Site, you will need a username and password which you will choose and/or receive through the Site’s registration
process. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities (whether by
you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account
or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss
or damage arising from your failure to protect your password or account information.
Online Commerce
Certain sections of the Site may allow you to purchase products and services online that are provided by third parties. We are not responsible for the
quality, accuracy, timeliness, reliability, safety or any other aspect of such products and services. If you make a purchase from a merchant on the Site
or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as
part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and by us. A merchant may
have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition,
when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your
purchase or use of such products or services. For more information regarding a merchant, including without limitation a summer camp or program, its
online store (or method by which it conducts online sales), its privacy policies, and/or any additional terms and conditions that may apply, visit that
merchant’s website and click on its information links or contact the merchant directly. You release us and our licensors and affiliates from any damages
that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by
third parties through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and
to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for
speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase
goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that
requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such
third party to provide such third party’s personal information.
Linked Sites
This Site may provide links to other World Wide Web sites or resources. Because we may not have control over such sites and resources, you
acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not necessarily endorse and are not
responsible or liable for any content, information, advertising, products, services or other materials on or available from such sites or resources. You
further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, information, goods or services available on or through any such site or resource.
ANY CORRESPONDENCE OR BUSINESS DEALINGS THAT YOU HAVE WITH THIRD PARTIES (INCLUDING ADVERTISERS) USING ANY LINKED SITES,
INCLUDING THE DELIVERY OF AND THE PAYMENT FOR GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS
ASSOCIATED WITH SUCH DEALINGS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE
FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH
ADVERTISERS ON THE SERVICE.
Use of Company Directories
The information contained in any company directories or search results that may be provided on the Site is provided for business lookup purposes and
is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without
warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
Communications
As part of your use of the Site, you agree to receive a series of ongoing communications regarding the Site and related matters. Upon the receipt of
these communications, you will have the option to opt-out or unsubscribe.
Advertising
When you submit an advertisement for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and
you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. Submission of an
advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement
for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise,
reject or cancel any advertisement at any time, in our sole discretion. Rates and specifications are subject to change.
Children
This Site is not intended for children under the age of 13. We will not knowingly collect personally identifiable information from children under 13, and if
you are under the age of 13 then you may not register to use this Site. Further, we may, at our discretion, require users under 18 to obtain the
consent of a parent or guardian to view certain information, content or materials, and we may limit access to certain content to users above a specified
age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
WE STRONGLY RECOMMEND THAT PARENTS AND LEGAL GUARDIANS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY
ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
Disclaimers
THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THIS SITE (INCLUDING, WITHOUT LIMITATION, USER-
GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE
SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE
AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THIS SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY
THIRD PARTY SITES OR SERVICES LINKED TO FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR
OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or
from this Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from
this Site or third-party information, content or materials contained on this Site (including, without limitation, User-Generated Content). We do not
endorse any of the merchandise, goods or services nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the
information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any
information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third
party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on this Site (including, without
limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including,
without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY
(INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE
OR CONTENT, MATERIALS OR FUNCTIONS ON THIS SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS SITE
OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR
OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED
TO THIS WEB SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold ADC, its principals, officers, directors, employees, agents, representatives, licensors, affiliates, successors,
assigns and each person and entity involved in creating and delivering this Site harmless from any claim or demand, including attorney fees and court
costs, made by any third party due to or arising out of any content, information or material you post, submit or make available through the Site, of your
use of the Site, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of the rights of another.
United States Jurisdiction
The Site is operated in the United States of America. We do not represent that content, information or materials presented on the Site are appropriate
or available for use in other locations. If you access the Site from a jurisdiction other than the United States, you agree that you do so on your own
initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Site.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in our Privacy Policy which is
incorporated herein by reference. You in turn agree and consent to the terms of the Privacy Policy by your use of the Site. If you do not agree with our
privacy policy, you may not use the Site.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you
are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to
material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Choice of Law and Forum
This agreement shall be governed by and construed in accordance with the laws of the state of California without regard to its conflict of law
provisions. You and AIP hereby agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, state
of California.
Other
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes
all previous and contemporaneous agreements, proposals and communications, oral or written. You also may be subject to additional terms and
conditions that may apply when you use the products or services of a third party that are provided through the Site. If any provision of this agreement
shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions.
This agreement is subject to change. The most recent update was January 13, 2008.
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