This is an agreement ("Agreement") between you and DOMAIN-ERROR.COM, Inc. (or, if applicable, one of its affiliates) ("DOMAIN-ERROR"). This Agreement governs your use of any and all Internet navigation assistance web pages provided to you by DOMAIN-ERROR in response to certain queries submitted by you ("DOMAIN-ERROR Pages"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. DOMAIN-ERROR OFFERS THE DOMAIN-ERROR (DEFINED BELOW) TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE DOMAIN-ERROR PAGES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
DOMAIN-ERROR reserves the right to change the terms, conditions, and notices under which it offers the DOMAIN-ERROR at any time and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any DOMAIN-ERROR Page.
DOMAIN-ERROR provides Internet navigation assistance web pages known as "DOMAIN-ERROR Pages" to users who submit certain queries (the "DOMAIN-ERROR"). You understand and agree that DOMAIN-ERROR may include advertisements and that these advertisements are necessary for DOMAIN-ERROR to provide DOMAIN-ERROR.
The DOMAIN-ERROR Pages are for your personal use only. You will not reproduce duplicate, copy, sell, resell, exploit or otherwise use the DOMAIN-ERROR Pages, any portion thereof, or any services or products available thereunder for commercial purposes. You will not use the DOMAIN-ERROR Pages in any way that is unlawful, or harms DOMAIN-ERROR, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "DOMAIN-ERROR Party" and collectively, the "DOMAIN-ERROR Parties") or any customer of a DOMAIN-ERROR Party, as determined in DOMAIN-ERROR's sole discretion. DOMAIN-ERROR may tell you about certain specific harmful uses in a code of conduct or other notices available through a DOMAIN-ERROR Page, but has no obligation to do so. You will not use the DOMAIN-ERROR Pages in any way that breaches any code of conduct, policy or other notice applicable to DOMAIN-ERROR Pages. Without limiting the generality of this section, you will not use the DOMAIN-ERROR Pages in any manner that could damage, disable, overburden, or impair any DOMAIN-ERROR Page (or the network(s) connected to any DOMAIN-ERROR Page) or interfere with any other party's use and enjoyment of the DOMAIN-ERROR.
Without limiting the generality of Section 4, you will not use the DOMAIN-ERROR Pages to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
Your use of any software associated with the DOMAIN-ERROR will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. Such software is protected by copyright and other intellectual property laws and treaties. DOMAIN-ERROR or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold, to you. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. DOMAIN-ERROR may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the DOMAIN-ERROR. If you are accessing the DOMAIN-ERROR through such software, you may disable the DOMAIN-ERROR by clicking on the "About DOMAIN-ERROR Service" link at the bottom of each DOMAIN-ERROR Page and following the instructions entitled "How to Deactivate the DOMAIN-ERROR Service." Your continued use of DOMAIN-ERROR constitutes your acceptance of, and agreement to, this Agreement, including any changes made to such Agreement pursuant to Section 2 hereof.
DOMAIN-ERROR and its suppliers do not warrant or guarantee the accuracy, completeness or timeliness of any information available on a DOMAIN-ERROR Pages. DOMAIN-ERROR and its suppliers do not authorize the use of information available from DOMAIN-ERROR Pages for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. DOMAIN-ERROR does not endorse or recommend any particular product or service.
DOMAIN-ERROR PROVIDES THE DOMAIN-ERROR PAGES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DOMAIN-ERROR PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE DOMAIN-ERROR PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE DOMAIN-ERROR WILL BE UNINTERRUPTED OR ERROR-FREE. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY IN NO EVENT WILL ANY DOMAIN-ERROR PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE DOMAIN-ERROR OR THE DOMAIN-ERROR PAGES, EVEN IF SUCH DOMAIN-ERROR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE DOMAIN-ERROR, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY DOMAIN-ERROR PARTY WITH RESPECT TO THIS AGREEMENT OR THE DOMAIN-ERROR, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DOMAIN-ERROR.
THE DOMAIN-ERROR PARTIES MAY CHANGE THE DOMAIN-ERROR OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. How You Can Access, Limit or Change the Information Collected About You: As you use the DOMAIN-ERROR, you should expect to receive, access or use information, text, materials, graphics, software, sound, data and other content (collectively, "Content") originated by DOMAIN-ERROR and persons other than DOMAIN-ERROR ("Third Parties"). You understand and agree that by using DOMAIN-ERROR, you may be exposed to Content that is offensive, indecent, threatening or otherwise offensive. WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT THE DOMAIN-ERROR PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED BY DOMAIN-ERROR OR ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT DOMAIN-ERROR IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE DOMAIN-ERROR, (2) ANY INCOMPATIBILITY BETWEEN THE DOMAIN-ERROR PAGES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE DOMAIN-ERROR IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED BY DOMAIN-ERROR TO YOU, OR (5) ANY LOSSES, DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE DOMAIN-ERROR PAGES. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY DOMAIN-ERROR OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF SUCH CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
The DOMAIN-ERROR Pages may include links to other World Wide Web sites or resources provided by Third Parties. Because DOMAIN-ERROR has no control over such sites and resources, you acknowledge and agree that DOMAIN-ERROR 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 DOMAIN-ERROR 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.
You agree to release, indemnify, defend and hold harmless DOMAIN-ERROR, its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") relating to or arising from any breach by you of this Agreement or Claims arising from your use of DOMAIN-ERROR. DOMAIN-ERROR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter; provided, however that you shall use your best efforts to cooperate with us in the defense of any Claim.
You acknowledge and agree that DOMAIN-ERROR Pages and any Content, services or software available through or used in connection with the DOMAIN-ERROR Pages contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the DOMAIN-ERROR Pages or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DOMAIN-ERROR or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the DOMAIN-ERROR Pages or any Content, services or software available through or used in connection with the DOMAIN-ERROR Pages, in whole or in part.
You acknowledge and agree that DOMAIN-ERROR logos, products and service names are trademarks of DOMAIN-ERROR ("DOMAIN-ERROR Marks") and you agree that you will not display or use the DOMAIN-ERROR Marks in any manner, without the express written permission of DOMAIN-ERROR.
DOMAIN-ERROR may terminate this Agreement, or terminate or suspend your access to DOMAIN-ERROR at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use DOMAIN-ERROR will immediately cease. DOMAIN-ERROR may discontinue, temporarily or permanently, the DOMAIN-ERROR with or without notice.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. You shall bring any action to enforce this Agreement or in connection with any matters related to DOMAIN-ERROR only in either the state or Federal courts located in Los Angeles County, California. You expressly consent to the exclusive jurisdiction of said courts. Use of DOMAIN-ERROR is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. DOMAIN-ERROR may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and DOMAIN-ERROR with respect to the DOMAIN-ERROR and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DOMAIN-ERROR with respect to the DOMAIN-ERROR. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM YOU AND DOMAIN-ERROR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DOMAIN-ERROR MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
All contents of the DOMAIN-ERROR Pages are Copyright © DOMAIN-ERROR.COM, Inc. All rights reserved. DOMAIN-ERROR, the DOMAIN-ERROR logo, and/or other DOMAIN-ERROR products and services referenced herein may also be either trademarks or registered trademarks of DOMAIN-ERROR in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.