This Website is made available by Americans.com and
all content and information provided on or through the
Website may be used solely under the following terms and
conditions:
Use of Website and Materials
The Website contains information, content or
advertisements text, photographs, designs, graphics, images,
sound and video recordings, animation and other materials
and effects (collectively, the "Materials") that are
protected by copyrights, trademarks, service marks, trade
dress or other intellectual or proprietary rights owned by
Americans.com or other third parties. All trademarks and
copyrighted information contained on the Website are the
property of their respective owners. You may not remove from
any electronic or printed copy any copyright, trademark, or
other proprietary notice.
This Website and the Materials on this Website are
provided for your individual, non-commercial use. Any other
use of the Website or the Materials is strictly prohibited,
including without limitation, modification, republication,
deletion, transmission, public performance, distribution,
proxy caching, uploading, posting, reproduction,
redistribution or any other dissemination without the
express written permission of Switchboard or the applicable
rights holder. The Materials on the Website may not be used
by third parties for telemarketing, direct marketing,
commercial mass e-mail or by agents or representatives or
e-mail spammers. You may not decompile, reverse engineer,
disassemble, rent, lease, loan, sell, sublicense, or create
derivative works from the Website or the Material. Nor may
you use any network monitoring or discovery software to
determine the site architecture, or extract information
about usage or users.
Any permitted use of the Website does not extend to using
the Website or Materials for any illegal purpose, or to
transmit to or through the Website or to or through any
service any illegal, harmful, threatening, defamatory,
obscene, hateful, pornographic or other objectionable
material of any kind, or to interfere with, abuse or
otherwise violate the legal rights of any third party using
the Website or Materials.
License
By virtue of your use of this Website you are granted a
nonexclusive, nontransferable, revocable, limited license to
access and use the Website and Materials in accordance with
these Terms of Use. Americans.com may terminate this license
at any time for any reason. By using the Website, uploading
content to or submitting any materials for use on the
Website, you grant (or warrant that the owner of such rights
has expressly granted) Switchboard a perpetual,
royalty-free, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate, create
derivative works from and distribute such materials and/or
information generated through use of the Website or
incorporate such materials and/or information generated
through use of the Website into any form, medium, or
technology now known or later developed throughout the
universe.
Automated Activity
The Website uses robot exclusion methods, which include
robots.txt files and HTML meta tags, that expressly allow
and/or exclude specified automated programs from accessing
certain portions of the Website. Much of the information on
the Website is updated on a real time basis and is
proprietary or is licensed to Americans.com by our users or
third parties. You agree that you will not use any robot,
spider, scraper or other automated means to access the
Website for any purpose, including but not limited to
performing "offline" searches and mirroring, without our
express written permission as indicated in the then current
robots.txt file or HTML meta tags on the Website.
Additionally, you agree that you will not: (i) take any
action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our
infrastructure; (ii) interfere or attempt to interfere with
the proper working of the Website or any activities
conducted on the Website; or (iii) bypass our robot
exclusion methods or other measures we may use to prevent or
restrict access to the Website.
Disclaimer
Americans.com makes every effort to ensure the
information presented in, on or through its Website is
accurate, however, because Americans.com communicates
information provided and created by advertisers, software
developers, publishers, marketing agents, resellers and
other third parties, Americans.com has no control over the
accuracy of such information, and makes no guarantee as to
such information, and is not responsible for the
information, including its accuracy, currency, content,
quality, copyright compliance or legality, or any resulting
loss or damage.
Warranty, Liability, Indemnification
Americans.com makes no representations regarding the
availability and performance of its Website. You hereby
acknowledge that any use of the Website and reliance upon
any Materials shall be at your sole risk and that
Switchboard shall not be liable for any loss of data, lost
profits or any other damages or losses resulting from such
use.
THE WEBSITE AND THE MATERIALS ARE PROVIDED BY
AMERICANS.COM ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT
ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS
OR IMPLIED. SWITCHBOARD EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR
ANY MATERIALS.
IN NO EVENT SHALL SWITCHBOARD BE LIABLE FOR ANY
COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD
PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE
MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM
IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT
RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR
INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD,
COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. SWITCHBOARD
SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER
RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do
not allow the exclusion or limitation of liability of
consequential or incidental damages, so the above exclusions
may not apply to all users; in such states liability is
limited to the fullest extent permitted by law.
Switchboard reserves the right to revise Materials on the
Website and/or to modify any features, specifications, or
materials without notice.
Registration
Certain sections of this Website require you to register.
If registration is requested, you agree to provide accurate,
complete registration information. It is your responsibility
to make any changes to that information. Each registration
is for a single person only, unless specifically designated
otherwise on the registration page. Americans.com does not
permit any other person using the registered sections under
your name. You are responsible for preventing such
unauthorized use.
Miscellaneous
Americans.com reserves the right to investigate
complaints or reported violations of the Terms of Use and to
take any action Switchboard deems appropriate including but
not limited to reporting any suspected unlawful activity to
law enforcement officials, regulators, or other third
parties and disclosing any information necessary or
appropriate to such persons or entities relating to user
profiles, e-mail addresses, usage history, posted materials,
IP addresses and traffic information. Americans.com reserves
the right to seek all remedies available at law and in
equity for violations of these Terms of Use, including but
not limited to the right to block access from a particular
Internet address to the Switchboard's Website. These Terms
of Use incorporate by reference any notices contained on the
Website and constitutes the entire agreement with respect to
access to and use of the Website. If any provision of these
Terms of Use is unlawful, void or unenforceable then that
provision shall be deemed severable from the remaining
provisions and shall not affect their validity and
enforceability. THESE TERMS OF USE SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY
PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL
OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE
AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA,
AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION
EXCEPT IN THE FOREGOING COURTS.