KRILLION TERMS OF SERVICE
Last Updated: February 2013
1. THIS IS AN AGREEMENT BETWEEN YOU AND KRILLION
Krillion, Inc. (“Krillion,” “we,” “us,” or “our”) provides its users with a variety of internet-based services (the “Service” or “Services”), including, without limitation, Internet and location-based product availability and pricing information, and other content offered through http://www.krillion.com (the “Web Site”) or any web page or application that Krillion hosts and/or operates, whether for itself or on behalf of a third-party (collectively with the Web Site, the “Krillion Web Pages”). This Terms of Service page states the terms and conditions under which you may use the Services and the Krillion Web Pages (the “Terms of Service” or “Agreement”). Please read this page carefully. This is an agreement between you and Krillion. In accessing the Services and/or the Krillion Web Pages, you accept all the terms and conditions of this Agreement. Our Terms of Service may change from time to time, and those changes will be available for your review on most Krillion Web Pages, including the Web Site. Your continued use of our Services or Krillion Web Pages after any such changes have been made will signify your assent to the changed Terms of Service. If you do not accept these Terms of Service, do not use the Services or Krillion Web Pages.
Additional terms may apply to the use of some Services, and are disclosed in the form of the posted guidelines or rules applicable to such Services (the “Service-Specific Rules”), which may be modified from time to time. All such Service-Specific Rules are hereby incorporated by reference into, and form part of, this Agreement. If any provisions of this Agreement conflict with any Service-Specific Rules, the terms of the applicable Service-Specific Rules shall control.
KRILLION OFFERS THE SERVICE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 17, 18, and 19); AND AN EXCLUSIVE REMEDY (See Section 18). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW KRILLION MAY MODIFY THIS AGREEMENT AND THE SERVICES
Krillion reserves the right to amend this Agreement by changing the terms, conditions, and notices under which it offers any of its Services at any time, for any reason, and without notice. Such modifications are effective immediately upon posting of the modified terms on this website. You are responsible for regularly reviewing these Terms of Service, and any Service-Specific Rules. By continuing to use or access our Services or the Krillion Web Pages after any such amendment, you agree to be bound by the terms of the amended Agreement.
In agreeing to the terms and conditions of these Terms of Service, you agree that Krillion may at any time, in its sole and absolute discretion, without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Services or any part thereof, including as between different users of the same Services, whether temporarily or permanently.
3. REGISTERING WITH KRILLION
When you create a Krillion Account, you agree to take full responsibility for maintaining the confidentiality of your Krillion Account user name and password, and for all activity or actions taken under your Krillion Account. Accordingly, you understand and agree that you will be liable for any activity performed by any people using your Krillion Account. You agree to immediately notify Krillion of any unauthorized use of your Krillion Account or any other breach of security.
4. SERVICES NOT INTENDED FOR CHILDREN
The Services and the Krillion Web Pages are not intended for children under the age of 13. Children under the age of 13 are expressly prohibited from creating an account with Krillion. By creating an account or using the Services or the Krillion Web Pages, you represent and warrant that you are at least 13 years old. We reserve the right to terminate your Krillion Account in the event we become aware that you are under the age of 13. For more information on our general termination rights, please see Section 7 below.
5. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICE
The Krillion Web Pages are for your personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the Krillion Web Pages, any portion thereof, or any services or products available thereunder for commercial purposes. You may not use the Krillion Web Pages in any way that harms Krillion, its affiliates, resellers, distributors, advertisers, service providers and/or suppliers (each, a “Krillion Party” and collectively, the “Krillion Parties”) or any customer of a Krillion Party, as determined in Krillion’s sole discretion. Without limiting the generality of this section, you will not use the Krillion Web Pages in any manner that could damage, disable, overburden, or impair any Krillion Web Page (or the Web Pages(s) connected to any Internet web page) or interfere with any other party’s use and enjoyment of the Service.
You represent and warrant that your usage of the Services will only be for lawful purposes and will be done in accordance with these Terms of Service, any applicable Service-Specific Rules, and all generally applicable laws, rules and regulations. You also represent and warrant that you will not use any of the Krillion Web Pages or the Services to violate any law, regulation or ordinance or any right of Krillion or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other intellectual property right. You further represent and warrant that you have the adequate legal capacity to abide by these Terms of Service and any applicable Service-Specific Rules.
6. PROHIBITED ACTIVITIES
Without limiting the generality of this Section, you agree not use the Services, or any site within the Krillion Web Pages (i) to violate or infringe upon the rights of Krillion, its affiliates, or others, in any way, (ii) to violate or facilitate the violation of any law or to encourage others to violate any law, (iii) to send unsolicited bulk e-mail and/or instant messages, (iv) to transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, indecent or otherwise offensive or objectionable materials or information, (v) to falsify your identity or impersonate another person; or (vi) to engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, as determined by Krillion in its sole and absolute discretion. You will not send automated queries of any sort to the Service without express permission in advance from Krillion. Please note that “sending automated queries” includes, among other things (a) using any software that sends queries to the Service to determine how a web site or web page “ranks” on the Service for various queries; (b) “meta-searching” the Service; (c) performing “offline” searches on the Service; and (d) using software robots, spiders, or other tools to “scrape” or automatically copy any portions of the Krillion Web Pages or Services.
You agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, provide or distribute others with any portion of the Krillion Web Pages or Services, or any information available on, extracted or derived from the Krillion Web Pages or Services, or any part thereof; (2) connect, use, attempt to connect or use in any way the Services, for purposes other than your private, personal use in good faith and as explicitly offered on our website, including without limitation for any commercial purpose, such as, for instance, sending unsolicited communications of any type or nature; (3) interfere, block, disable or otherwise affect any advertising, advertising element, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Services; and (4) incorporate, integrate or otherwise include any portion of the Services that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with the Services or any other instant messaging, Internet, or online service. Finally, you may not authorize or assist any third party to do any of the things described in this Section.
7. TERMINATION; VIOLATIONS; ACCESS RESTRICTION
Krillion may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or without cause, and with or without notice in its sole and absolute discretion. Upon such termination or suspension, your right to use the Service will immediately cease.
If you violate these Terms of Service in any way, including, without limitation, by repeat infringement of copyrights, Krillion may, at its sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and promotions), or take any other action that we believe is appropriate. Krillion may investigate violations of these Terms of Service and may involve and cooperate with law enforcement authorities in prosecuting users of the Services or Krillion Web Pages who are involved in such violations.
8. POSTING CONTENT ON KRILLION
Certain aspects of the Services may permit you to use your Krillion Account to submit reviews (“Reviews”), commentary, postings on message boards, data, text, files, links, software, chat content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (collectively “User-Generated Content”). You agree that you will only post User-Generated Content that you are legally entitled to publish, and Reviews that you believe to be true. You agree not to purposely provide false or misleading information in your Reviews.
Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right, you are not permitted to upload, post, or otherwise make such materials available on or though the Services. You are solely responsible for complying with all laws applicable to any User-Generated Content you submit to the Service, including any Reviews, and for determining whether any materials you wish to upload, post or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that you upload, post or otherwise make available on or through the Services, including without limitation any Reviews. You are solely responsible for any User-Generated Content submitted to the Service from your Krillion Account. Krillion reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Services. Krillion reserves the right, but has no obligation, to monitor disputes between you and any business that you have reviewed. Krillion reserves the right in its sole discretion and without obligation to monitor all User-Generated Content to ensure conformity with the Terms of Service and any other rules, policies or regulations as may be promulgated by Krillion from time to time it its sole discretion, as well as any applicable laws, rules and regulations of any government having proper jurisdiction over Krillion. Krillion has the right, but not the obligation, to refuse to post, edit, delete, truncate or to remove any User-Generated Content for any reason, including if the User-Generated Content contains any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech)
- References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.)
- Reviews submitted by the reviewed business’ employees (past or present) or competitors, as determined by Krillion
- Reviews that do not address the goods and services of the business or Reviews with no qualitative value (e.g., “this place is great!”), as determined by Krillion in its sole discretion
- Content commenting on other users or violating the privacy of other users, as determined by Krillion, in its sole discretion
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment
- References to excessive damage caused by business or service to person or property
- Personal information or messages including, without limitation, email addresses, URLs, phone numbers and postal addresses
- Messages that are advertising or commercial in nature, amount to spam, or are otherwise inappropriate based on the applicable subject matter
- Language that violates the standards of good taste or the standards of this website, as determined by Krillion in its sole discretion
- Content determined by Krillion to be offensive, illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity
- Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures
- Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information
- Content that otherwise violates these Terms of Service, or any Service-Specific Rules, or that may harm or threaten the safety of other users of the Service
- Content that is false or intentionally misleading
Nothing set forth above shall alter or diminish your responsibility with respect to your User-Generated Content, as discussed herein. Reviews do not reflect the views of Krillion or any of its affiliated companies or any of its or their respective employees, officers, directors, or shareholders. Krillion does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of a Review. You acknowledge and agree that, with respect to any conduct within the Services, Krillion does assumes and shall have no liability for any action or failure to act on the part of Krillion.
BY USING OUR SERVICES, YOU AGREE THAT YOU WILL NOT SUBMIT ANY CONFIDENTIAL INFORMATION OR MATERIALS TO OR THROUGH THE SERVICES OFFERED BY KRILLION. KRILLION CANNOT AND DOES NOT AGREE TO MAINTAIN ANY INFORMATION OR MATERIALS YOU SUBMIT TO OR THROUGH THE SERVICES AS CONFIDENTIAL.
You hereby grant Krillion, its subsidiaries, and/or affiliated companies an irrevocable, unrestricted, royalty-free and perpetual worldwide license to use, reproduce, broadcast, modify, adapt, translate, transmit, sell, store, privately and publicly display, privately and publicly perform, create derivative works based upon, distribute, and promote any and all User-Generated Content that you may submit, upload, post, send to or through all or any portion of the Services, including without limitation, both within the Services and such other products or services as Krillion may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes. To the extent you submit to Krillion any ideas, concepts, know-how, techniques or other materials and/or information of any kind, you agree that we are free to use any and all of the foregoing without further permission or payment to you or any third party. You also permit any user of the Services or Krillion Web Pages to access, display, view, store and reproduce such User-Generated Content for personal use. You waive any right to inspect or approve uses of any User-Generated Content you submit or to be compensated for any such uses. Krillion is under no obligation to give credit or pay any consideration to you for User-Generated Content. You agree that Krillion owns all right, title, and interest in any compilation, collective work or other derivative work created by Krillion using or incorporating your User-Generated Content, irrespective of any right, title or interest you or others may retain in your User-Generated Content. By submitting User Generated-Content to or through the Services, you represent and warrant that (i) you have the right to grant any and all necessary licenses and rights provided herein, including without limitation, all necessary copyright and other related rights to the User-Generated Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, and (ii) the User-Generated Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation.
9. USE OF USER-GENERATED CONTENT
Krillion does not control, verify or endorse any User-Generated Content posted by third parties on the Service or Krillion Web Pages, and does not guarantee the accuracy, integrity, timeliness or quality of such content. You understand that, by using the Services or accessing the Krillion Web Pages, you may be exposed to content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any content on the Service, including any reliance on the content, integrity, and accuracy of such content. If you see objectionable content or have any questions about this Agreement, please contact Krillion at email@example.com.
10. PROPRIETARY INFORMATION
As you use the Service, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, “Content”) provided by Krillion and other Krillion Parties. You acknowledge and agree that the Krillion Web Pages and any Content, Services or software available through or used in connection with the Krillion Web Pages, including without limitation proprietary databases, software, servers, components, and algorithms necessary to operate and provide the Services, contain proprietary and confidential information that is owned by one or more Krillion Parties, and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content made available via the Services or the Krillion Web Pages, but provided by third parties may be subject to separate Terms and Conditions established by those third parties. Krillion’s formatting of such content, including the selection of such available content, and its arrangement, enhancement and coordination is copyright protected by Krillion. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Krillion Web Pages or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the appropriate Krillion Parties, you agree not to modify, rent, lease, loan, sell, publish, transmit, distribute, create derivative works based on, or in any way exploit the Services, the Krillion Web Pages, or any Content available through or used in connection with the Krillion Web Pages, in whole or in part. You are not permitted to store any portion of the content of the Services in a computer unless it is for personal and non-commercial use.
11. TRADEMARK INFORMATION
You acknowledge and agree that Krillion® and other Krillion logos, products and service names are or may be trademarks and/or service marks of Krillion (“Krillion Marks”). You agree that you will not display or use the Krillion Marks in any manner, without the express written permission of Krillion. The names of other products and companies contained within our Services may be the trademarks or service marks of their respective owners. Nothing in these Terms of Service grants you any license to use any trademark, service mark, names or logos of Krillion, any Krillion Parties, or any third party.
12. INFORMATION AVAILABLE FROM THE RESULTS PAGES
Krillion and the Krillion Parties do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the Services, or on any site within the Krillion Web Pages. Krillion and the Krillion Parties do not authorize the use of information available via the Services, or on any site within the Krillion Web Pages for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. Krillion does not endorse or recommend any particular product or service.
13. MAP INFORMATION
Map information provided through the Service is intended for planning purposes only. You may find that construction projects, traffic conditions or other events may differ from the map results. You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing in any map information provided on the Service. Map information provided through the Service is subject to separate Terms and Conditions established by MapQuest which may be viewed at http://info.mapquest.com/terms-of-use/.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for Krillion to provide the Service.
15. LINKS; THIRD PARTY SERVICES
Certain portions of the Services contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, Web Pages, and systems (collectively, “Third Party Services”). Krillion provides access to these Third Party Services to you as a convenience only and Krillion does not, in any way, control or manage such Third Party Services. As such, Krillion is not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the Services, Krillion is not endorsing or warranting such Third Party Services in any way. Furthermore, Krillion does not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.
16. REQUESTS FOR REMOVAL OF LINKS FROM INDICES
Krillion occasionally receives requests to remove links from its indices that generate web results. Although Krillion reserves the right to address such requests individually, Krillion is generally not willing to remove any links from its indices.
17. SECURITY AND PRIVACY LIMITATIONS
By use of any of the Services, you acknowledge that you are aware (1) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer; (2) of security and privacy limitations in the Services including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Services, are provided to you as a convenience only and may not operate according to their description or may not operate at all; and (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient. You acknowledge that, as with most internet applications (i.e. e-mail), there are certain risks associated with accepting or downloading files from or through Krillion. Such risks include, but are not limited to, (1) damage to your computer, (2) damage to any data or files stored on your computer, (3) Krillion users viewing your IP address, and (4) files you share with other Krillion users being redistributed and used without your knowledge.
18. KRILLION MAKES NO WARRANTY
THE KRILLION PARTIES PROVIDE THE SERVICES AND KRILLION WEB PAGES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KRILLION PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE KRILLION 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 SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
KRILLION DOES NOT WARRANT THAT THE SERVICES, THE KRILLION WEB PAGES OR SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE KRILLION WEB PAGES OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE KRILLION WEB PAGES OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, KRILLION IS NOT RESPONSIBLE FOR THOSE COSTS.
19. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY KRILLION 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 SERVICE OR THE KRILLION WEB PAGES, EVEN IF SUCH KRILLION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 18 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 SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY KRILLION PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
20. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
WITHOUT LIMITING THE GENERALITY OF SECTIONS 17 AND 18, YOU ACKNOWLEDGE AND AGREE THAT THE KRILLION PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED BY KRILLION 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 17 AND 18, YOU ACKNOWLEDGE AND AGREE THAT KRILLION IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (2) ANY INCOMPATIBILITY BETWEEN THE SITE OR THE KRILLION WEB 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 SERVICES 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 KRILLION 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 THROUGH LINKS CONTAINED ON THE KRILLION WEB PAGES. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY KRILLION OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF SUCH CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 17, 18 AND 19 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.
You agree to release, indemnify, defend and hold harmless Krillion, 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”) due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, any breach by you of this Agreement, or your violation of any rights of another. Krillion reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
22. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Krillion, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this Agreement is with a Krillion affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Krillion affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Krillion Web Pages site is directed. If this Agreement is with Krillion, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Orange County, California, USA in all disputes arising out of or relating to this Agreement or the use of the Service. If this Agreement is with a Krillion affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Krillion affiliate in all disputes arising out of or relating to this Agreement or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
23. INTERPRETING THE AGREEMENT; ASSIGNMENT
If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and 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. Krillion 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 Krillion with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Krillion with respect to the Services. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
24. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND KRILLION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
25. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Krillion Web Pages are copyrighted by Krillion, Inc., Local Corporation, and/or its or their suppliers, 7555 Irvine Center Drive, Irvine, CA 92618, U.S.A. All rights reserved. The Krillion name and logo, and/or other Krillion products and services referenced herein may also be either trademarks or registered trademarks of Krillion 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.
Certain portions of the content on the Krillion Web Pages may be provided by third parties. This information is proprietary to such third parties and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part, to any third party; and you will not make such third party information available, in whole or in part, to any other user in any networked or time-sharing environment, or transfer the information, in whole or in party, to any computer other than the PC used to access this information.
26. COPYRIGHT INFRINGEMENT
Krillion respects the intellectual property of others, and asks its users, advertisers, licensors and service providers to do the same. If you believe that your work has been copied and is accessible on or through the Service in a way that constitutes copyright infringement, go to http://local.com/copyright.aspx for instructions on how to report copyright infringement to Krillion.