TERMS
OF USE
BY ACCESSING OR USING THIS SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE WWW.FILEMAPPER.COM
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
USE OF THIS SITE
Your use of our Internet sites or any of the
products or services offered on those sites (collectively,
the "Services") is subject to these Terms of Use
(these "Terms"). We may modify these Terms at any
time without notice to you by posting revised Terms on our
sites. Your use of our sites constitutes your binding acceptance
of these Terms, including any modifications that we make.
Some
of the Services may be subject to additional posted conditions.
Your use of those Services is subject to those conditions,
which are incorporated into these Terms by reference. In the
event of an inconsistency between these Terms and any additional
posted conditions, the provisions of the additional conditions
shall control.
We
have the right, but not the obligation, to take any of the
following actions in our sole discretion at any time and for
any reason without giving you any prior notice:
Restrict,
suspend, or terminate your access to all or any part of our
Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, or remove any material that you submit to our
sites for any reason;
Refuse, move, or remove any content that is available on our
sites;
Deactivate or delete your accounts and all related information
and files in your account;
Establish general practices and limits concerning use of our
sites.
You agree that we will not be liable to you or any third party
for taking any of these actions.
You
understand and agree that our Services may include communications
such as service announcements and administrative messages
from us or from our partners and that these communications
are considered part of the Services. You will not be able
to opt out of receiving these messages. You also understand
that our Services may include advertisements.
Content
on our sites
Our sites include a combination of content that we create,
that our partners create, and that our users create. All materials
published on our sites, including, but not limited to, written
content, photographs, graphics, images, illustrations, marks,
logos, sound or video clips, and Flash animation, are protected
by our copyrights or trademarks or those of our partners.
You may not modify, publish, transmit, participate in the
transfer or sale of, reproduce, create derivative works of,
distribute, publicly perform, publicly display, or in any
way exploit any of the materials or content on our sites in
whole or in part. If you would like to request permission
to use any of the content on our sites, please review our
copyright notice and visit our Permissions and Reprints page.
You
may be exposed to content that you find offensive, indecent,
or objectionable or that is inaccurate, and you bear all risks
associated with using that content. We have the right, but
not the obligation, to remove any content that may, in our
sole discretion, violate these Terms or that is otherwise
objectionable.
Third-party
sites, products, and Services
Our sites contain links to other Internet sites owned by third
parties. Your use of each of those sites is subject to the
conditions, if any, that each of those sites has posted. We
have no control over sites that are not ours, and we are not
responsible for any changes to or content on them. Our inclusion
on our sites of any third-party content or a link to a third-party
site is not an endorsement of that content or third-party
site.
We
do not sell, resell, or license any of the products or the
services that we review, list, or advertise on our sites,
and we disclaim any responsibility for or liability related
to them. Your correspondence or related activities with third
parties, including payment transactions and goods-delivery
transactions, are solely between you and that third party.
You agree that we will not be responsible or liable for any
loss or damage of any sort incurred as the result of any of
your transactions with third parties. Any questions, complaints,
or claims related to any product or service should be directed
to the appropriate vendor.
Requests
to remove certain content from our sites
If you believe that content you own has been copied and made
accessible in a manner that violates your intellectual property
rights, please review our copyright notice.
Disclaimers
We disclaim any responsibility for the deletion, the failure
to store, the misdelivery, or the untimely delivery of any
information or material. We disclaim any responsibility for
any harm resulting from downloading or accessing any information
or material on the Internet using search results from our
sites. We disclaim any responsibility for, and if you subscribe
to one of our fee-based services you will not be entitled
to a refund as a result of, any service outages that are caused
by our maintenance on the servers or the technology that underlies
our sites, failures of our service providers (including telecommunications,
hosting, and power providers), computer viruses, natural disasters
or other destruction or damage of our facilities, acts of
nature, war, civil disturbance, or any other cause beyond
our reasonable control.
WE
DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR
FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT
ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED
ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS
DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH
MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY
THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE
OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR
PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT,
OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU
EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO
THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY
OR COMPLETENESS OF ITS CONTENT.
NEITHER
WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME
STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
If
any part of these Terms is determined to be invalid or unenforceable
pursuant to applicable law, then the invalid or unenforceable
provision will be deemed superceded by a valid, enforceable
provision that most closely matches the intent of the original
provision, and the remainder of the Terms shall continue in
effect.
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