PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE C ONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The Web pages available at www.boorah.com and linked pages ("Site"), are owned and operated by Intuit, Inc. ("Company"), and are accessed by you ("Subscriber") under the following terms and conditions.
ACCESS TO THE SERVICES.
Subject to the terms and conditions of this Agreement, Company may offer to provide certain services and content, as described more fully on the Site, and which are selected by Subscriber through the process provided on the Site ("Servi ces"). Services shall include, but not be limited to, local business informational services, and any other services Company performs for Subscriber, as well as the offering of any materials displayed or performed on the Site (including , but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") on the Site. Company may change, suspend or discontinue the Services including any Conten t for any reason, at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict Subscriber's access to parts or all of the Services without not ice or liability.
Subscriber certifies to Company that if Subscriber is an individual (i.e., not a corporation) Subscriber is of legal age to form a binding contract. Subscriber also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Company reserves the right, at its discretion, to modify the Agreement or Services or Content at any time by posting a notice on the Site, or by sending Subscriber a notice via email or postal mail. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.
SITE CONTENT.
Site Content includes information that has been identified, indexed and/or compiled into a directory through an automated process. Human beings do not review Content before it is presented in the directory, and Company cannot and does not pre-screen anything made available through its directory. The Companys automated process will not identify, index or compile information from websites where access is restricted. If you are a site owner, restricting access to your website will prevent it from being included in Companys directory. Company will consider other requests to remove links or other information included in its directory on a case-by-case basis. However, if the operator of the site does n ot take steps to restrict access to the site, the Companys automatic processes may link the site to our directory again. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed t hrough the Services.
Subscriber may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Subscriber shall not s tore any significant portion of any Content in any form. Subscriber may not use Services to sell a product or service, or to increase traffic to Subscribers Web site for any commercial reason. You may not take the results from a search performed on Companys website and reformat and display them, or mirror Companys home page or results pages on your web site. If you would like to make commercial use of our Services, please contact us at copyright@boorah.com to enter in to an appropriate agreement.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Intuit strives to strike the appropriate balance between copyright protect ion and the availability of useful information, and we invite the fair use of Content from our site under copyright law. Subscriber may download or copy the Content, and other items displayed on the Site for download, for personal use provided that Subscriber maintains all copyright and other notices contained in such Content. Subscriber shall not store any significant portion of any Content in any form except as required to use the Services. If you would like to cop y or store Content for purposes other than fair use, you must have our permission and you can request it by emailing us at copyright@boorah.com. Without such permission, copying or storing of any Content that does not constitute fair u se is prohibited. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Companys policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. You can access the Companys copyright protection policy here.
Subscriber acknowledges and agrees that if Subscriber uses any of the Services to contribute Content to the Site, Company is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (inc luding all related intellectual property rights) and to allow others to do so.
SUBSCRIBER WARRANTY.
Subscriber warrants, represents and agrees that it will not contribute any Content or otherwise use the Site or the Services in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity o r privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) Subscriber should know is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionabl e. Company reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
Subscriber, not Company, remains solely responsible for all Content that Subscriber uploads, posts, e-mails, transmits, or otherwise disseminates using, or in connection with, the Services. Subscriber acknowledges that all Content that Subscriber accesses using the Services is at Subscriber's own risk and Subscriber will be solely responsible for any damage to any party resulting therefrom.
RESTRICTIONS.
Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Subscriber shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfe r or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. Subscriber will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activa ted while the Subscriber is not logged in.
WARRANTY DISCLAIMER.
Subscriber acknowledges that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; ho w Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Subscriber releases Company from all liability for Subscriber having acquired or not acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS O N HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber's use of the Services.
OTHER POLICIES
For information regarding Company's treatment of personally identifiable information, please review Company's current privacy policy. If Subscriber believes that material or content residing on or ac cessible through the Site or Services infringes a copyright, please review Company's Copyright Dispute Policy.
REGISTRATION AND SECURITY.
As a condition to using Services, Subscriber may be required to register with Company and select a password and Subscriber name ("Company User ID"). Subscriber shall provide Company with accurate, complete, and updated registration info rmation. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than Subscriber without appropriate authorization. Company reserves the right to refuse registration of, or cancel a Company Us er ID in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Company password.
INDEMNITY.
Subscriber will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscrib er's access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN EXCESS OF THE AGGREGATE FEES PAID BY SUBSCRIBER FOR SUCH SERVICES; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAG ES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
TERMINATION.
Either party may terminate the Services at any time by notifying the other party by any means. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscrib er breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of the Subscriber's account, Subscriber's right to use the Services, access the Site and any Content will immedia tely cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
MISCELLANEOUS.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where su ch failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or in valid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with th e laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and ca ncels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provid ed herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Company in any respect whatsoever.