FILTIZE.COM USER AGREEMENT
This User Agreement (“Agreement”) is between you (“you,” “your,” or “User”) and Filtize (“Filtize,” “us,” “we,” or “our”). By using the services offered through the Filtize.com website (“Services”), you agree, without modification, to be bound by and to comply with the terms of this User Agreement. If you do not agree to this Agreement, then you may not use the Services. Filtize reserves the right to modify this Agreement at any time without prior notice. You agree to be bound by such modifications once they are posted on our website.
1. User License. Filtize grants you permission (which may be revoked at any time for any reason or no reason) to use the Services provided through the Filtize.com website pursuant to your adherence to this Agreement. The Services are for personal, private, noncommercial use only. This license does not grant you any ability to (without limitation): (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Services; (b) rent, lease, sublicense, or otherwise allow access to the Services; (c) store, copy, modify, distribute, or resell any of the information or other content made available through the Services or compile or collect any such content as part of a database or other work, nor (d) remove, copy or alter any of our intellectual property.
2. No Unlawful or Prohibited Use. You agree not to use the Services in any unlawful, unauthorized, or abusive manner, or in any way which interferes with our ability to provide the Services to others or damages our property. You also agree that you will not: (a) use any automated tool(s) (e.g., robots, spiders, etc.) in connection with the Services; (b) use, access, or attempt to access the Services in a manner that threatens the integrity, performance, or availability of the Services; nor (c) disrupt, interfere with, or otherwise harm or violate the security of the Services, or circumvent or disable any security or technological features or measures of the Services.
3. Search Results. Filtize does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any search results posted via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, and in some cases, postings may be mislabeled or are otherwise deceptive. The Services do not edit, modify, delete, verify or add to the content retrieved and displayed as search results.
4. Links. The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Filtize of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
5. Copyright Infringement. If you believe in good faith that your work has been posted on the Services in a way that infringes your copyright, please provide us with a notice requesting that the work be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of the copyright owner(s) or a person authorized to act on their behalf; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Filtize to locate the material; (d) your contact information including your name, address, telephone number and email address; (e) a statement by you that have a good faith belief that use of the works in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the law permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Services should be sent to email@example.com
6. Legal Disclaimer. Filtize disclaims any and all responsibility or liability for the accuracy, content, (mis-)delivery, completeness, legality, reliability, operability or availability of information or material displayed by the Services. Filtize disclaims any responsibility or liability for any harm, loss, damage, expense or injury resulting from your use of the Services or any access to third parties through the Filtize.com website..
THE SERVICES ARE PROVIDED on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Filtize and our agents, representatives, employees, and affiliated entities (collectively, the “Filtize Affiliates” and each, a “Filtize Affiliate”) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY; NON-INFRINGEMENT; FITNESS FOR A PARTICULAR PURPOSE; FREEDOM FROM COMPUTER VIRUSES, WORMS, AND OTHER OPERATING PROBLEMS; OR WARRANTIES ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR CUSTOM OR TRADE.
Furthermore, Filtize and the Filtize Affiliates disclaim any representations and warranties for any search results posted via the Services. You agree that your use of the Services and all information obtained through the Services are at your own risk and that Filtize and Filtize Affiliates are not responsible or liable for any damages to your computer system or loss or corruption of data that may result from your use of the Services.
Filtize and Filtize Affiliates do not authorize any entity to make any warranties on their behalf so you should not rely on any statement that is contrary to any term of this Agreement. THIS SECTION 6 (LEGAL DISCLAIMERS) AND SECTION 7 (LIMITATION OF LIABILITY) SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FILTIZE AND/OR FILTIZE AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION—REGARDLESS OF WHETHER FILTIZE OR ANY FILTIZE AFFILIATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES. IN NO EVENT SHALL FILTIZE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF (A) THE AMOUNT PAID BY YOU TO FILTIZE, IF ANY, OR (B) TEN DOLLARS ($10).
8. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so those particular limitations above may not apply to you.
9. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FILTIZE AND FILTIZE AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES, (B) anything you submit on or through the Services, (C) any (alleged) infringement of intellectual property or other right of any entity by you, or (D) your violation of this User Agreement. THIS INDEMNIFICATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
10. Termination. Filtize has the right to terminate this Agreement with you for any reason or no reason without prior notice.
11. Applicable Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia, without regard to or application of conflict of law provisions or your state or country of residence. You agree that any suit, action, or proceeding arising out of or relating to this Agreement shall be instituted solely in a Virginia state or federal court located in Fairfax County or the City of Alexandria. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
12. Assignment. We may assign all or part of our rights or duties under this Agreement. You may not assign this Agreement without our prior written consent.
13. General. The invalidity or unenforceability of any part or provision of this Agreement shall not affect or limit the validity and enforceability of any other part or provision, which shall continue in full force and effect. This Agreement constitutes the entire agreement between Filtize and you with respect to the Services, and it supersedes all prior or contemporaneous communications and understandings, whether oral or written. Filtize’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and shall not affect the ability of Filtize to thereafter enforce each and every such right or provision.
When accessing our Website, Filtize will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site.
If you visit our site to read or download information on our pages, we collect and store only the following information about you:
The name of the domain from which you access the Internet
The date and time you access our site
The Internet address of the website you used to link directly to our site.
If you identify yourself by sending us an e-mail containing personal information, then the information collected will be stored and used to respond to your message and improve our services.
When you sign up for a Filtize account or other Filtize service or promotion that requires registration, we will request and store personal information (such as your name, email address, account password).
The information collected is for statistical purposes. Filtize may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, Filtize uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
Filtize will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
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