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changeAlarm Terms Of Use
1. Description Of Service
 
What-U-Seek, Corp. ("whatUseek") provides a web site change detection service ("Service") under the title of "changeAlarm." The Service allows users ("Users") to perform two primary functions: 1) For Users desiring to monitor a web page for changes ("Standard Users"), the Service monitors web pages for updates and sends a notice to the User once an update occurs; and 2) for Users who have web sites and wish to allow their visitors to be notified when the web site is updated ("Webmasters"), the Service allows Users to place a sign-up box ("Sign-Up Box") on their Web site ("Web Site") from which a visitor ("Visitor") can create a monitor for the given page, similar to point 1 above.  Subject to the terms and conditions ("Terms And Conditions") described in this agreement ("Agreement"), whatUseek shall grant you ("You") license to use the Service within the scope provided for in this Agreement.
 
 
2. Acknowledgement Of Agreement
 
By declaring that you agree to these Terms And Conditions, be it in the registration process and/or by using the Service, you acknowledge that you have read these Terms And Conditions, understand them and agree to be bound by them.  If applicable, "You" or "Your" as referred to in these Terms And Conditions means the entity or company (the "Company") for which the Service is licensed pursuant to these Terms And Conditions.  In such event, you warrant and represent that as the individual declaring that You agree to these Terms And Conditions, You are authorized to enter into this Agreement on behalf of the Company for which the Service is being created and used.
 
 
3. Entire Agreement
 
These Terms And Conditions constitute the entire agreement between You and whatUseek and governs Your use of the Service.
 
 
4. This Agreement Is Personal To You
 
These Terms And Conditions do not include the right to sublicense and may not be assigned, by operation of law or otherwise, or transferred without the prior and explicit written consent of whatUseek.  Any attempted assignment in the derogation hereof shall be null and void.
 
 
5. Prohibitions
 
You shall be prohibited from using the Service and this Agreement shall automatically terminate if You use the Service in connection with any of the following material, content, or activities: (i) Nudity, pornography, or sexual material of a lewd, lecherous or obscene nature and/or intent or that violates local, state or national laws; (ii) any material that violates or infringes in any way upon the rights of others, pirated software (copyrighted photographs, text, video or artwork); (iii) any material that is threatening, abusive, harassing, defamatory, invasive on privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable, including posting private information of another person; (iv) content that promotes, encourages, or provides instructional information about illegal activities including, without limitation, hacking, cracking, or phreaking (phone fraud); (v) any software, information or other material that contains a virus, "Trojan Horse," trap door, corrupted data or any other harmful or damaging component; (vi) content containing hate propaganda, hate mongering, swearing, or fraudulent material.
 
 
6. Emails Sent To You
 
You grant whatUseek the right to send change notification emails, for monitors under Your account, and Sign-Up Box summary emails, which includes sign-up and other statistics relating to Your Sign-Up Box, to You to the email address(es) provided by You to whatUseek, as well as other emails that contain information about changeAlarm and/or other whatUseek related offerings or news, and any other email list(s) that you subscribe to.  For any email lists that You subscribe to, from the Service or related pages and/or email messages, that are sent out by a third party ("Third Party"), the subscriptions are solely between You and the Third Party.  In such a case, if you wish to unsubscribe from a given Third Party email list, you must do so through the Third Party directly.
 
 
7. Right To Information
 
You affirm having legal right to store, reproduce or otherwise make use of information of the Web Site specified by You, and acknowledge that this information may be accessed and stored by whatUseek.  You retain all legal rights to this information.
 
 
8. Dealings With Advertisers
 
Your and/or Your Visitors' correspondence or business dealings with, or participation in promotions of, advertisers ("Advertisers") found on or through the Service (through advertising banners, email advertisements, etc.), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and/or your Visitors and such Advertiser.  You agree that whatUseek shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealing or as the result of the presence of such Advertisers on the Service.
 
 
9. No Removal Of whatUseek Formatting Of Pages And/Or Emails
 
All pages and emails of the Service shall only be used by You in the format served by whatUseek.  You may not parse and/or extract the pages and/or emails with the effect of changing or omitting the formatting of the pages and/or emails as provided by whatUseek.
 
 
10. No Resale Of Service
 
You agree not to reproduce, duplicate, copy, sell, or resell any portion of the Service, use of the Service, or access to the Service.
 
 
11. changeAlarm Credit And Link On Sign-Up Box
 
For Users who are Webmasters, a credit link ("Credit Link") shall be included as part of your Sign-Up Box containing the text of "Powered by changeAlarm" and pointing to the following URL: http://www.changealarm.com/.  You agree not to omit this Credit Link from your Sign-Up Box and You agree to ensure that this Credit Link is clearly visible and readable wherever your Sign-Up Box appears (on your site or otherwise).
 
 
12. Advertisements
 
changeAlarm is a free service.  Accordingly, whatUseek shall place advertisements on pages and in emails relating to the Service in a manner determined by whatUseek in its sole discretion.
 
 
13. Modifications To Service
 
whatUseek reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  You agree that whatUseek shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
 
 
14. Development Of Competitive Product
 
You may not use the Service for the purpose of aiding in the development of a competitive product of the Service.
 
 
15. Term
 
The term ("Term") of this Agreement shall commence upon registration of Your Account and shall continue until terminated (see Termination).
 
 
16. Termination
 
You may terminate this Agreement by deleting Your Account at any time.  whatUseek may terminate this Agreement immediately with or without notice at any time and for any reason determined by whatUseek in its sole discretion.  The obligations of You and whatUseek in Sections 3, 4, 6, 8, 10, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29 shall survive termination or expiration of this Agreement.  Upon termination, all licenses granted hereunder shall immediately terminate.
 
 
17. Special Admonitions For International Use
 
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable content.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
 
 
18. Indemnification
 
You are entirely responsible for maintaining the confidentiality of the password of Your Account.  Furthermore, You are entirely responsible for any and all activities which occur under Your Account and agree to indemnify, defend, and hold harmless whatUseek for any liability or expense arising from such use or misuse.  You agree to immediately notify whatUseek of any unauthorized use of Your Account or any other breach of security known to You.
 
 
19. Limitation Of Liability
 
Under no circumstances, including, but not limited to, negligence, shall whatUseek be liable for any damages or consequential damages that result from the use of, or the inability to use, the Service, even if whatUseek or a whatUseek authorized representative has been advised of the possibility of such damages.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.  In no event shall whatUseek's total liability to Your for all damages, losses, and causes of action (whether breach of contract, tort, including but not limited to negligence, or other), or otherwise exceed the amount paid by You, if any, for the Service.
 
 
20. Force Majeure
 
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, governmental action, labor conditions, earthquakes, material shortages, or any other cause beyond the reasonable control of such party.
 
 
21. Governing Law
 
This Agreement and the relationship between You and whatUseek shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.  You and whatUseek agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Wayne County, Michigan.
 
 
22. General
 
The failure of whatUseek to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.  If any right or 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 Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
 
 
23. Information Not Warranted Or Guaranteed In Any Way
 
The Service is provided on an "as is, as available" basis.  whatUseek makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to whatUseek or any 'information'.
 
whatUseek does not warrant or guarantee 1) the accuracy, adequacy, quality, state of being up-to-date, validity, completeness, or suitability of any information for any purpose; 2) that any information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 3) that the information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 4) that the functions or services performed by whatUseek will be uninterrupted or error-free or that defects in whatUseek will be corrected.
 
 
24. No whatUseek Liability
 
In no event shall whatUseek by liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information.  whatUseek shall not be responsible if any information infects or contaminates Your or your Visitor's system or information.  The entire risk as to the quality and performance of the Service and the accuracy, adequacy, completeness, state of being up-to-date, validity, and quality of any information is with You.
 
IN NO EVENT WILL WHATUSEEK BE LIABLE TO ANY PARTY (I) FOR ANY DIRECT, INDIRECTM SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE WHATUSEEK OR ANY 'INFORMATION', EVEN IF WHATUSEEK SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (II) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY 'INFORMATION'.
 
 
25. Copyrights And Trademarks
 
Copyright 2005 What-U-Seek, Corp.
 
11873 Market St.
Livonia, MI 48150
 
All rights reserved.
 
 
26. Restricted Rights Legend
 
Use, duplication, or disclosure by the United States Government is subject to the restrictions set for the in DFARS 252.227-7013(c)(1)(ii) or FAR 52.227-19 as applicable.
 
 
27. Trademarks
 
whatUseek, changeAlarm, and any other whatUseek related logos and taglines are trademarks of What-U-Seek, Corp., which may be registered in certain jurisdictions.  Other trademarks shown are trademarks of their respective owners.
 
 
28. Changes In The Service And Changes To These Terms
 
whatUseek reserves the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate the offering of the Service or entire Service altogether.  whatUseek also reserves the right to modify these Terms and Conditions and the Agreement from time to time, without notice.  Please review these Terms and Conditions from time to time so you will be apprised of any changes.
 

 


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2005 whatUseek