|PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY
BEFORE USING THIS SITE
|YOUR USE OF THIS SITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF THE WEB SITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.|
|Web Site Use Agreement|
Copyright 2006 Dazzle Yellow Pages. All rights reserved.
Designated Agent for Digital Millennium Copyright Act Claims
All claims must include the following information:
|Use of Information|
|Limited permission to copy all documents and related graphics from this Site is granted subject to the following:|
Documents published by Dazzle Yellow Pages on this Site may contain other proprietary notices or describe products, services, processes or technologies owned by Dazzle Yellow Pages or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Dazzle Yellow Pages or any third party. Except as expressly granted under this Agreement, all rights are reserved by Dazzle Yellow Pages.
You may not display this Site in frames or utilize any other techniques to display this Site (or any content on this Site) without the prior express written consent of Dazzle Yellow Pages. You may not use any meta tags or any other “hidden text” utilizing Dazzle Yellow Pages’s name or trademarks without the prior express written consent of Dazzle Yellow Pages. You may not use Dazzle Yellow Pages’s domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using this Site.
Data Mining Prohibited
Consent to Monitoring
Limitation of Liability
IN NO EVENT SHALL Dazzle Yellow Pages OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER Dazzle Yellow Pages HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Any material on this Site may include technical or other inaccuracies or typographical errors.
Dazzle Yellow Pages AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY Dazzle Yellow Pages, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER Dazzle Yellow Pages NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS SITE OR THE INTERNET GENERALLY WILL BE UNITERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER Dazzle Yellow Pages NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
Disclaimer of Endorsement / Linked Sites
Changes to This Agreement
Access / Failure to Comply
Dazzle Yellow Pages also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement
You agree, at your own expense, to indemnify, defend and hold Dazzle Yellow Pages (and its subsidiaries, officers, directors, agents, employees and third parties providing content on this Site) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) any violations of this Agreement (b) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (iv) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).
Information Provided by You
You agree and understand that Dazzle Yellow Pages may, in its sole discretion for any reason, and without any prior notice or liability, delete any files that you may maintain at this Site, and any information you may choose to post here. You should keep a copy of any material that you maintain or post at this Site because Dazzle Yellow Pages will not undertake to retain copies of any material that Dazzle Yellow Pages or others may delete from this Site.
You and Dazzle Yellow Pages agree that the substantive laws of the state of Texas, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND Dazzle Yellow Pages CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN TARRANT COUNTY, TEXAS, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEB SITE. Except as otherwise required by law, any cause of action or claim you may have with respect to this Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.
This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and Dazzle Yellow Pages with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only: (a) by Dazzle Yellow Pages as set forth in the Section of this Agreement entitled “Changes and Other Terms”, or (b) by written agreement signed by Dazzle Yellow Pages’s President, Internet Division. Any terms varying from this Agreement in any written, electronic or other communication from you are void.