GLOBAL DIRECTORIES, INC. TERMS OF SERVICE

IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE (“SITE”) AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GLOBAL DIRECTORIES, INC., A FLORIDA CORPORATION (“PROVIDER”). BY CONTINUING TO USE THIS WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AND INTENT TO BE LEGALLY BOUND HEREBY. YOU AGREE THAT FROM TIME TO TIME AND WITHOUT NOTICE TO YOU, THE PROVIDER MAY UPDATE OR REVISE THE TERMS OF SERVICE.

Service, Content and Conditions

The Provider may generate automated search results or other information through the Site (the “Service”). In doing so, the Provider may post, transmit, display or otherwise make available text, graphics, images, layouts, data, electronic files or other information or displays (the “Content”). The Site may link to other websites that are operated by third parties and over which the Provider has no control. You understand and agree that Provider does not endorse such websites or their owners or operators, and the Provider is not responsible for the accuracy of any content on such third party website and does not guaranty that such third party websites will function properly.

The Content on this Site is provided by one or more third party data vendors and individual Content providers. You understand and agree that the Provider cannot verify the accuracy of such Content, and the Provider makes no representations or warranties to you that the Content is accurate or reliable.

Provider shall have the right to monitor use of this Site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason in accordance with applicable law. Notwithstanding these rights, you remain solely responsible for your use of the Site.

You agree that Provider shall have the right, in its sole discretion, to terminate or suspend your access to or use of the Site (or any part thereof) temporarily or permanently, at any time and from time to time, and with or without notice, for any reason whatsoever including, without limitation, quality assurance and if Provider believes that you have violated or acted inconsistently with the letter or spirit of any provision of the Terms of Service. You also agree that Provider will not be liable to you or to any third party for any modification or termination of access to the Site.

Provider reserves the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing Provider to disclose Content, the identity of anyone posting Content, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE, RELEASE AND HOLD HARMLESS PROVIDER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PROVIDER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PROVIDER OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.

Confidentiality and Privacy

You understand and agree that during your use of the Site, the Provider may use cookies or Google Analytics and ActivTrack™ software to gather information related to your use of the Site. The Provider will use such information in a manner that is consistent with the Provider’s Privacy Policy.

Restrictions On Use

You may use this Site only for your individual, non-commercial purposes. Your use of the Site is solely limited to internal use for viewing the Site’s Content and utilizing the Services. Your use of the Site and Content, whether in whole or in part, shall not be made for the benefit of any third party or sublicensed, transferred or assigned. The Site may not be used or sublicensed by you for any commercial purpose, commercial timesharing, telemarketing, commercial mass e-mail, mass marketing or spamming.

You agree that you will not use any device, software or routine to bypass the Google Analytics and ActivTrack™ software used in the Site, or to interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on this Site’s infrastructure. Use of any robot, spider, web crawler, automated query device, or other automatic device, or manual process to monitor or copy the web pages or the Content contained herein, to scrape, scan or otherwise gather information from the Site, or to discover the Site’s architecture without Provider’s prior express written permission is prohibited. Use of any device, software or routine to interfere or attempt to interfere with the proper working of this Site is also prohibited.

You may not (and may not authorize any other party to) (i) co brand this Site, or (ii) frame this Site within or as part of any other site, or (iii) hyper-link to this Site. For purposes of these Terms of Service, “co branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or Content accessible within this Site.

Proprietary Information

Except as provided by applicable law and except for Submissions made by third parties, all Content is the proprietary information of Provider, and Provider retains all right, title and interest therein. The Content includes all screen displays, page layouts and designs and source, object, executable and HTML coding. To the fullest extent permissible by law, everything you see or read on this Site is copyrighted and protected by the copyright laws of the United States and by international treaties and may be the subject of one or more patents or pending patent applications. You agree not to reproduce, duplicate, copy, modify, create derivative works, publicly display, sell, resell, republish, upload, post, delete, transmit or exploit for any purposes, any portion of this Site, the Content, the Services offered on this Site, or access to this Site except as permitted by these Terms of Service. When authorized to print Content from this Site, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates Provider’s intellectual property rights. Except as expressly set forth in these Terms of Service no rights, express or implied, are granted to you.

Disclaimer

THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITH “ALL FAULTS” AND WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE ERRORS AND MAY BE CHANGED OR MODIFIED AT ANY TIME. YOU, AND NOT PROVIDER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. PROVIDER MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitation On Liability

NEITHER YOU NOR PROVIDER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, AND DIRECTORS WILL BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR SIMILAR DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PROVIDER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE THOUSAND DOLLARS ($1,000). THIS LIMITATION SHALL APPLY EVEN IF ANY ONE OR MORE REMEDIES PROVIDED IN THESE TERMS OF SERVICE FAIL OF ITS ESSENTIAL PURPOSE.

Indemnity

You agree to defend, indemnify and hold harmless Provider, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, contractors, officers, directors, and contractors (the “Indemnified Parties”) from and against any actual or threatened claims, damages, liabilities, demand, judgments, awards, costs and expenses including reasonable attorneys’ fees, due to, arising out of or relating to: (i) your use of the Site and Services contained therein; (ii) your violation of these Terms of Service; (iii) your violation of any rights of any Content owner; (iv) your use of the Content; and (v) any violation of the obligations of Confidentiality and Privacy as set forth in that paragraph of these Terms of Service. The foregoing indemnify shall apply whether your acts or omissions, were intentional, negligent or reckless.

Miscellaneous

These Terms of Service will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. The parties agree that the exclusive venue for any dispute arising out of or relating to these Terms of Service, the Content or the Site will be in the state and federal courts located in Jacksonville, Duval County, Florida and the parties consent to the personal jurisdiction of such courts. The parties agree that these Terms of Service shall not be governed by the Uniform Computer Information Transactions Act (UCITA) should that Act be in force or later enacted in any jurisdiction governing this Agreement. If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. The failure of Provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

Last updated: May 2007.

Copyright © 2007 Global Directories, Inc.
All rights reserved