This agreement applies to all content on all web sites owned or operated by Find Angel Inc., including but not limited to findangel.org, findangel.com, findangel.net, findangel.us, findangel.info, findangels.org, findangels.net, seekangel.org, seekangels.org, and all interenationalized versions of these sites located on other domains. Whenever these Terms of Service refer to “we,” “our,” “us,” “FA,””FindAngel” or “Find Angel,” we are referring to Find Angel Inc.
Nature of Information
We provide an opportunity for users to post, transmit, view and exchange information, ideas and opinions (collectively, “Content”) on our website. The Content, whether publicly posted or privately transmitted by users, does not necessarily reflect our views. Content is provided by users strictly on a volunteer as-is basis. You should assume we have not authored or checked the information independently. You acknowledge that we do not evaluate the accuracy, completeness or usefulness of any Content. All Content is provided for research and informational purposes only, and no Content is intended to constitute legal, medical, financial or other professional advice. Publication of Contents is not our endorsement of the author, his or her Contents, or of any method or treatment discussed in the Contents. It is strongly recommended that you contact a qualified professional licensed in your state or country if you desire or require professional advice.
You acknowledge and agree that your use of, or reliance on, any Content is entirely at your own risk, and that we are not liable for any claims, damages or losses resulting from your use of, or reliance on, any Content.
If you choose to post or transmit any Content on or through our website, you remain solely responsible for such materials. You authorize us to use and publish any of the Content you post or transmit on or through our website in any manner we choose and without any obligation to compensate you or anyone else. You acknowledge and agree that any Content you post or transmit on or through our website is made available to the public. Find Angel retains the perpetual, irrevocable, non-exclusive right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute (“Use”) any of the Content without compensation to you, for internal or external purposes, alone or as part of other works in any form, media or technology. Some of the material has been and continues to be modified by Find Angel. To the extent permitted by applicable law, Find Angel claims its patent, copyright, trademark, publicity, and any other intellectual property rights in its web sites and all information, software, data, or other contents of any kind on or interlinked with a Find Angel web site (“Contents”). All rights are reserved.
Your Conduct
In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (Content), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
When posting or transmitting Content or otherwise using our website or any service provided, you explicitly agree that you will not:
- Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
- Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
- Collect or harvest any data about other users;
- Harass, defame, intimidate or threaten another user;
- Interfere with another individual’s rights to privacy (e.g., by posting personally identifiable information about another individual) without consent;
- Provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
- Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
- Post any trademarks, logos or righted material without the authorization of the owner;
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse);
- Provide any Content that may give rise to our civil or criminal liability or which may consititue or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
- Forge headers or other transmission information in order to disguise the origin or your posting; or
- Advertise or sell any goods or services.
Submission of Content on this Web Site
By providing or transmitting any Content on or through our website:
- you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
- you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section;
- you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
Illegal or other Harmful Use or Access
Contents may not be used for any illegal purpose. You may not access our networks, computers, or Contents in any manner that could damage, disable, overburden, or impair them, or interfere with any other Person’s use and enjoyment. You may not attempt to gain unauthorized access to any Contents, other accounts, computer systems, or networks connected with our sites or Contents.
Advice of Professionals
All Contents, (including the information relating to medical, financial, construction, or other activities that could result in damage, injury, or death) is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a visit, call, consultation, or advice of your physician or other professionals or any information contained on or in any product packaging or labels. Find Angel does not recommend the self-management of health problems or duplication of any activity or process described in the Contents. You should never disregard professional advice or delay in seeking advice because of something in the Contents and you should not use the Contents for diagnosing a health or other problem or prescribing a medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Assumption of the Risk
The User assumes any and all risk of damage, injury, or death, from use of the Contents. It has been warned of the limitations and risks in use of the information, and despite such warnings, chooses of its own free will to continue to access or use the Contents.
Intellectual Property
The data, text, pictures, sound, graphics, logos, marks, symbols, video, software (whether in source code or object code form), tools, Content and any other materials or information incorporated into, used in conjunction with, or otherwise made available on or through our website or any of the services we offer (collectively, the “Materials”) and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to such Materials (collectively, the “Intellectual Property”) are owned by Find Angel, its affiliates or third parties who have given us permission to use it.
The Contents are licensed only for the personal, household, educational use by a single individual. An individual’s non-commercial reuse or redistribution of any portion of the Contents that falls within what is or would be permitted by the United States Copyright or the Lanham Act is permitted. You may not otherwise reproduce, perform, distribute, display or create derivative works of the Materials. You may not reverse engineer, decompile, disassemble or otherwise attempt to determine the source code of software used on the website.
No commercial use or redistribution of any Contents is permitted. Any hyperlink or other re-display of the information on another web site must display the Find Angel Contents full-screen and not within a “frame” on the linked or other website.
You may use the Materials and the Intellectual Property, access our website and use any services we provide through our website only as expressly permitted in these Terms of Service and for no other purposes.
Links To Third-Party Web Sites
The Contents may link you to other web sites or information, software, data, or other contents on or off the Internet. However, Find Angel has not reviewed the contents that may be linked and is not responsible for the content. We are not liable for any direct or indirect damages or losses caused by your use of third-party websites. You assume full responsibility for your use of third-party websites.
Please remember that such sites are not Find Angel sites and the content on such sites could change without our knowledge. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to Find Angel. Find Angel has not attempted to verify the truth or accuracy of any such opinion, claim or comment, nor does Find Angel endorse or support them. Find Angel does not warrant, nor is it in any way responsible for, information, software, data, or other contents that are outside of our control.
User Indemnification
You agree to defend, indemnify and hold harmless Find Angel, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE AUTHORS, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS, AGENTS, LICENSORS, WEB HOSTS OR INTERNET SERVICE PROVIDERS, CONTENTS PROVIDERS, OR OTHER PERSONS RELATED TO OR USED BY Find Angel (COLLECTIVELY, THE Find Angel ENTITIES) from any and all claims, liabilities and expenses, including, without limitation, attorneys’ fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of any Content that you may post, transmit, read or user on or through the website, any breach by you of these Terms of Service or applicable law or your violation of any rights of Find Angel or a third party.
Termination
We may terminate your right to use our website at any time, for any reason, and without notice. We will terminate your right to use our website if you violate any of these Terms of Service or any other policy posted on our website, or if we become aware that you are infringing any copyright or other intellectual property right of any party.
Copyright Act Notice and Procedure
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the address and by the procedure for notices set forth above.
DISCLAIMER OF WARRANTIES
YOUR USE OF OUR WEBSITE AND THE MATERIALS AVAILABLE ON OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE, THE MATERIALS AND ANY PRODUCTS OR SERVICES YOU ACQUIRE THROUGH OUR WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND THERE ARE NO IMPLIED WARRANTIES OF COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, OR OF VERIFICATION OF THE CONTENTS. IN PARTICULAR, WE MAKE NO WARRANTY THAT YOUR ACCESS TO OUR WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY OR SECURE, OR THAT THE CONTENT AND THE OTHER MATERIALS AVAILABLE ON OR THROUGH OUR WEBSITE WILL BE ACCURATE, COMPLETE, USEFUL, ERROR-FREE OR TIMELY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE Find Angel ENTITIES BE LIABLE FOR ANY INJURY, DEATH, DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF PROFITS, INCREASED COSTS, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF OR RELIANCE ON OUR WEBSITE OR ANY OF THE CONTENT OR MATERIALS AVAILABLE ON OR THROUGH OUR WEBSITE OR ANY OTHER Find Angel ENTITIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL RESPONSIBILITY FOR, AND WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR, ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND OTHER LEGAL EXPENSES), RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OUR WEBSITE OR THE CONTENT OR OTHER MATERIALS OR SERVICES AVAILABLE ON OR THROUGH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, (A) ANY ERRORS IN, OR OMISSIONS FROM, OUR WEBSITE OR THE CONTENT OR THE OTHER MATERIALS AVAILABLE ON OR THROUGH OUR WEBSITE; (B) ANY THIRD-PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM OUR WEBSITE; (C) THE UNAVAILABILITY OF OUR WEBSITE OR ANY PORTION THEREOF; (D) YOUR INABILITY TO USE OUR WEBSITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH OUR WEBSITE; OR (F) ANY COMPUTER VIRUSES, WORMS OR “TROJAN HORSES,” ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE THAT IS ATTACHED TO, OR MADE A PART OF, OUR WEBSITE BY ANY PERSON, GROUP OR ORGANIZATION.
Other Warranty Rights or Limitations of Liabilities
Some states and foreign countries provide rights in addition to those above, or do not allow excluding or limiting implied warranties, or liability for incidental or consequential damages. Therefore, the above limitation may not apply to you or there may be state provisions which supersede the above.
Arbitration
Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively (except as provided below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
Applicable Law
You agree that this Terms of Service and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
Entire Agreement; Waiver; Modification; Amendment
The terms and provisions contained in this Agreement constitute the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all other agreements, written or oral, between the parties as to the subject matter hereof. No modification or amendment of this Agreement shall be enforceable against a party unless in writing and signed by the party against whom such modification or amendment is sought to be enforced. No failure on the part of a party to exercise, no delay in exercising, and no course of dealing with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
Successors and Assigns
Licensee may not assign this Agreement (including by operation of law) without the prior written consent of Licensor. Any such attempt to assign shall be null and void. The rights and obligations of the parties shall inure to the benefit of and shall be binding upon the parties, their respective successors, assigns, heirs, and personal representatives. Nothing in the Agreement is intended to or shall confer on any Person other than the parties hereto or their respective permitted successors or assigns, any rights or remedies under or by reason of this Agreement.
Captions
The captions and headings in this Agreement are inserted only as a matter of convenience, and in no way define, limit or in any other way described the scope of this Agreement or the intent of any provision hereof.
Severability
The parties agree that if any part, term, or provision of this Agreement is held illegal or invalid, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be illegal or invalid.
Survival
The terms of this Agreement apply to any, receipt, use or performance that occurs before any termination, cancellation, or rescission of this Agreement, and to those obligations that arise after any termination, cancellation, or rescission of this Agreement, namely: any terms, conditions or restrictions on receipt, use, or access to the Contents, systems, or networks of Find Angel, and any indemnification obligations.
Change of Terms From Time-To-Time
From time to time we may revise these Terms of Service by posting the revised Terms of Service on the home page of this website, without notice to you. Any subsequent use by you of any Find Angel web site will be governed by the new Terms of Service.
Find Angel Inc.
Last Updated January, 2006
