Terms of Use
ACCEPTANCE OF
TERMS
The
web pages available at www.AisleFinder.com and all linked pages ("Site"), are
owned and operated by AisleFinder, Inc. ("AisleFinder "), a Delaware
corporation, and is accessed by you under the Terms of Use described below
("Terms of Use").
PLEASE READ
THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE
OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED
BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF
YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE
SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. AisleFinder' ACCEPTANCE IS
EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO
THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED
AN OFFER BY AisleFinder , ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
MODIFICATIONS
OF TERMS OF USE
AisleFinder
reserves the right, at its sole discretion, to modify or replace the Terms of
Use at any time. If the alterations constitute a material change to the Terms of
Use, AisleFinder will notify you via email. What constitutes a "material change"
will be determined at AisleFinder ' sole discretion, in good faith and using
common sense and reasonable judgment. You shall be responsible for reviewing and
becoming familiar with any such modifications. Use of the Services by you
following such notification constitutes your acceptance of the terms and
conditions of the Terms of Use as modified.
DESCRIPTION
OF SERVICE
Subject to
full compliance with the Terms of Use, AisleFinder may offer to provide
certain services and content, as described more fully on the Site, ("Services").
Services shall include, but not be limited to, any service and content
AisleFinder performs for you, as well as the offering of any materials displayed
or performed on the Site (including, but not limited to text, user comments,
messages, information, data, graphics, news articles, photographs, images,
illustrations, software, audio clips and video clips, also known as the
"Content") on the Site. AisleFinder may change, suspend or discontinue the
Services including any Content for any reason, at any time, including the
availability of any feature or content. AisleFinder may also impose limits on
certain features and services or restrict your access to parts or all of the
Services without notice or liability.
YOUR
REGISTRATION OBLIGATIONS
As a
condition to using Services, you are required to register with AisleFinder and
select a password and screen name ("AisleFinder User ID"). You shall provide
AisleFinder with accurate, complete, and updated registration information.
Failure to do so shall constitute a breach of the Terms of Use, which may result
in immediate termination of your AisleFinder account. You may not (i) select or
use as a AisleFinder User ID a name of another person with the intent to
impersonate that person; (ii) use as a AisleFinder User ID a name subject to any
rights of a person other than you without appropriate authorization; or (iii)
use as a AisleFinder User ID a name that is otherwise offensive, vulgar or
obscene. AisleFinder reserves the right to refuse registration of, or cancel a
AisleFinder User ID in its sole discretion. You shall be responsible for
maintaining the confidentiality of your AisleFinder password.
Services are
available only to individuals who are at least 13 years old, whether acting on
their own behalf or as an authorized employee or representative of a corporation
or other business entity. If you do not so qualify, do not attempt to register
for or use the Services.
USER CONDUCT
As a
condition of use, you promise not to use the Services for any purpose that is
unlawful or prohibited by these Terms of Use, or any other purpose not
reasonably intended by AisleFinder. Repeated infringers of the examples below
will be terminated as users.
By way of
example, and not as a limitation, you agree not to use the Services:
to abuse,
harass, threaten, impersonate or intimidate other AisleFinder users;
to contribute
any Content that is infringing, libelous, defamatory, obscene, pornographic,
abusive, offensive or otherwise violates any law or right of any third party;
for any
illegal or unauthorized purpose. If you are an international user, you agree to
comply with all local laws regarding online conduct and acceptable content;
to
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 AisleFinder user;
to
create or submit unwanted email ("Spam") to any other AisleFinder users or any
URL;
to
violate any laws in your jurisdiction (including but not limited to copyright
laws);
to
submit stories or comments linking to affiliate programs, multi-level marketing
schemes, sites/blogs repurposing existing stories (source hops), or off-topic
content;
with the
exception of accessing RSS feeds, you will not use any robot, spider, scraper or
other automated means to access the Site for any purpose without our express
written permission. 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 Site or any activities conducted on
the Site; or (iii) bypass any measures we may use to prevent or restrict access
to the Site;
Under no
circumstances can a user distribute member only, not publicly released
downloads.
AisleFinder
may remove any Content and AisleFinder accounts 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 for no reason at all. To
report Terms of Use abuse, please email: abuse@AisleFinder.com.
CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading,
submitting or otherwise disclosing or distributing Content of any kind at or on
the Site or otherwise through the Services, unless source quoted, you represent
and warrant that you own all rights in the Content and you agree that the
Content will be subject to the Creative Commons Public Domain License, available
at http://creativecommons.org/licenses/publicdomain/. All of our non-member
downloads comply with creative commons 2.5.
AisleFinder
will accommodate and not interfere with standard technical measures used by
copyright owners and/or copyrighted materials.
COPYRIGHT
COMPLAINTS
AisleFinder
respects the intellectual property of others. It is AisleFinder' policy to
respond expeditiously to claims of copyright and other intellectual property
infringement. AisleFinder will promptly process and investigate notices of
alleged infringement and will take appropriate actions under the Digital
Millennium Copyright Act ("DMCA") and other applicable intellectual property
laws. Upon receipt of notices complying or substantially complying with the
DMCA, AisleFinder may act expeditiously to remove or disable access to any
material claimed to be infringing or claimed to be the subject of infringing
activity and may act expeditiously to remove or disable access to any reference
or link to material or activity that is claimed to be infringing. AisleFinder
will terminate access for subscribers and account holders who are repeat
infringers.
Notifying
AisleFinder of Copyright Infringement: To provide AisleFinder notice of an
infringement, you must provide a written communication to the attention of "DMCA
Infringement Notification Dept." care of abuse@AisleFinder.com that sets forth
the information specified by the DMCA
(http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be
liable for damages (including costs and attorneys' fees) if you materially
misrepresent that an activity is infringing your copyright.
Providing
AisleFinder with Counter-Notification: If we remove or disable access to content
in response to an infringement notice, we will make reasonable attempts to
contact the owner or administrator of the affected site or content. If you feel
that your material does not constitute infringement, you may provide AisleFinder
with a counter notification by written communication to the attention of "DMCA
Counter Notification Dept." at info@AisleFinder.com that sets forth all of the
necessary information required by the DMCA (
http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be
liable for damages (including costs and attorneys' fees) if you materially
misrepresent that an activity is not infringing the copyrights of others. If you
are uncertain whether an activity constitutes infringement, we recommended
seeking advice of an attorney.
AisleFinder PRIVACY POLICY
AisleFinder 's current privacy policy is available at
http://www.AisleFinder.com/privacy_Policy.aspx (the "Privacy Policy"), which is
incorporated by this reference.
INDEMNITY
You will
indemnify and hold harmless AisleFinder , its parents, subsidiaries, affiliates,
customers, vendors, officers and employees from any liability, damage or cost
(including reasonable attorneys fees and cost) from (i) any claim or demand made
by any third party due to or arising out of your access to the Site, use of the
Services, violation of the Terms of Use by you, or the infringement by you, or
any third party using your account or AisleFinder User ID, of any
intellectual property or other right of any person or entity.
WARRANTY
DISCLAIMERS
You
acknowledge that AisleFinder has no control over, and no duty to take any action
regarding: which users gain access to the Site; what effects the Content may
have on you; how you may interpret or use the Content; or what actions you may
take as a result of having been exposed to the Content. You release AisleFinder
from all liability for you having acquired or not acquired Content through the
Site. The Site may contain, or direct you to sites containing, information that
some people may find offensive or inappropriate. AisleFinder makes no
representations concerning any content contained in or accessed through the
Site, and AisleFinder will not be responsible or liable for the accuracy,
copyright compliance, legality or decency of material contained in or accessed
through the Site. THE SERVICE, CONTENT, AND SITE 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 ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
LINKS
The Services
may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because AisleFinder has no control over such sites and resources,
you acknowledge and agree that AisleFinder is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge
and agree that AisleFinder shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
LIMITATION OF
LIABILITY
IN NO EVENT
SHALL AisleFinder OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE
SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR
SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE
AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY
NOT APPLY TO YOU.
TERMINATION
AisleFinder
may terminate or suspend any and all Services and your AisleFinder account
immediately, without prior notice or liability, if you breach any of the terms
or conditions of the Terms of Use. Upon termination of your account, your right
to use the Services will immediately cease. If you wish to terminate your
AisleFinder account, you may simply discontinue using the Services. All
provisions of the Terms of Use which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
MISCELLANEOUS
No agency,
partnership, joint venture, or employment is created as a result of the Terms of
Use and you do not have any authority of any kind to bind AisleFinder in any
respect whatsoever. 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. AisleFinder shall not be liable for any failure to perform its
obligations hereunder where such failure results from any cause beyond
AisleFinder 's reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation (including "line-noise"
interference). If any provision of the Terms of Use is found to be unenforceable
or invalid, that provision shall be limited or eliminated to the minimum extent
necessary so that the Terms of Use shall otherwise remain in full force and
effect and enforceable. The Terms of Use is not assignable, transferable or sub
licensable by you except with AisleFinder' prior written consent. AisleFinder
may transfer, assign or delegate the Terms of Use and its rights and obligations
without consent. The Terms of Use shall be governed by and construed in
accordance with the laws of the state of Texas , as if made within Texas between
two residents thereof, and the parties submit to the exclusive jurisdiction of
the District Court of Dallas County and the United States District Court for the
Northern District of Texas. Notwithstanding the foregoing sentence, (but without
limiting AisleFinder' right to seek injunctive or other equitable relief in any
court of competent jurisdiction), any disputes arising with respect to this
Agreement shall be referred to an arbitrator affiliated with JAMS. The
arbitrator shall be selected by joint agreement of the parties. In the event the
parties cannot agree on an arbitrator within thirty (30) days of the initiating
party providing the other party with written notice that it plans to seek
arbitration, the parties shall each select an arbitrator affiliated with JAMS,
which arbitrators shall jointly select a third such arbitrator to resolve the
dispute. The written decision of the arbitrator shall be final and binding on
the parties. The arbitration proceeding shall be carried on and heard in Dallas
, Texas using the English language and pursuant to the rules of JAMS. In any
action or proceeding to enforce rights under the Terms of Use, the prevailing
party will be entitled to recover costs and attorneys' fees. Both parties agree
that the Terms of Use is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written and
oral agreements, communications and other understandings relating to the subject
matter of the Terms of Use, and that all modifications must be in a writing
signed by both parties, except as otherwise provided herein.
TRADEMARKS
AisleFinder
and other AisleFinder graphics, logos, designs, page headers, button icons,
scripts, and service names are trademarks, trademarks or trade dress of
AisleFinder in the U.S. and/or other countries. AisleFinder' trademarks and
trade dress may not be used, including as part of trademarks and/or as part of
domain names, in connection with any product or service in any manner that is
likely to cause confusion.