Terms of Use Agreement
365labs Agreement for AskSolvers.com Hosted Service
PLEASE READ THE FOLLOWING LICENSE CAREFULLY BEFORE USING THE ASKSOLVERS HOSTED SERVICE. BY USING THE ASKSOLVERS HOSTED SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, HAVE UNDERSTOOD IT, AND AGREE TO BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF USE OF THIS AGREEMENT, DO NOT USE THE ASKSOLVERS HOSTED SERVICE.
This Agreement sets forth the terms and conditions under which 365labs agrees to provide, and you agree to use, AskSolvers ("hosted service", "service"), 365labs ("service provider"), including data transmission, access and storage.
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License Grant:
This service agreement ("agreement") for use of AskSolvers, a hosted service of 365labs, is between 365labs ("365labs", "us", or "our") and the User ("you" or "your"). 365labs grants to you a non-exclusive, non-transferable, Full License to use the hosted service without any fee. This license begins upon using the hosted service and ends upon termination.
If you are not willing to use the hosted service, you agree to stop using the service with immediate effect. You are forbidden from using the hosted service for any other use or otherwise offering it for resale under the terms of this section 1. 365labs retains all rights not specifically granted to you herein.
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Restriction of use: In addition to all other terms and conditions of this agreement, you shall not: (i) rent, lease, license, sublicense, distribute, transfer or otherwise make available to any third party the service (ii) modify or make derivative works based on the service (iii) share the user licenses but may be reassigned to the new user (iv) send spam or unsolicited messages in violation of applicable laws (v) send or store material containing software viruses, worms, or other harmful computer codes, files, scripts or programs (vi) publish any content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property (vii) use the third party links to sites without agreeing to their website terms & conditions (viii) post any third party link sites including their logo, company name, etc. without their prior written permission.
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Right to Terminate/Modify Terms of Use: 365labs may modify this Terms of Use without notice to you at any time. 365labs may provide notice to you by publishing the changes on its Web site. In the event 365labs modifies these Terms of Use agreement, you may terminate your use of the service. Your continued use of the service after notice of any change to the Terms of Use will be deemed to be your agreement to the amended Terms of Use. 365labs may also terminate your use or right to use the service at any time for any reason. 365labs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that 365labs shall not be liable to you or to any third party for any matter related to, arising out of, or caused by the modification, suspension or discontinuance of the service for any reason.
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User Registration: In consideration of your use of the service, you agree to: a) provide true, accurate, current, and complete information about yourself as prompted by the Registration Process; and b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if 365labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, 365labs has the right to terminate your service and refuse current or future use of the service.
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Personal Information and Privacy: Personal information you provide to 365labs through the AskSolvers service is governed by 365labs - AskSolvers Privacy Policy and applicable laws related to personal information. Click here to view the AskSolvers Privacy Policy. Your election to use the service indicates your acceptance of the terms of the 365labs Privacy Policy. You are responsible for maintaining the confidentiality of your account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify 365labs immediately of any unauthorized account use at support@asksolvers.com. 365labs is in no way responsible for any loss or damages to you or to any third party incurred as a result of any unauthorized access and/or use of your Member Account, or otherwise.
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Disclaimer of Informational Content: AskSolvers, a service of 365labs, is a community driven website where informational content (advise, suggestion, or recommendation) is submitted by the user for the use of other users. 365LABS, ITS ADVERTISERS, PARTNERS, AND AFFLIATES DO NOT ENDORSE OR GUARANTY ANY INFORMATIONAL CONTENT SUBMITTED BY THE USERS. 365LABS, ITS ADVERTISERS, PARTNERS, AND AFFLIATES IS NOT RESPONSIBLE FOR INACCURATE USER INFORMATIONAL CONTENT RESULTING TO PROPERTY DAMAGE, PROPERTY LOSS, BODILY INJURY, OR DEATH TO OTHER USERS. Users must pratice common sense and must verify the accuracy of the informational content found in the service.
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Inappropriate Content Policy: 365labs reserves the right to remove, delete, or censor any content (contextual or visual) deemed inappropriate to majority of its users. 365labs defines inappropriate content as SPAM, nudity, and the use of profane language.
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Trademark: 365labs, 365labs logo, AskSolvers logo are trademarks of 365labs. All rights are reserved to 365labs. You agree not to display or use, in any manner, the 365labs trademarks, without 365labs' s prior permission.
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Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE ASKSOLVERS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. 365LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 365LABS MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR THAT ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM 365LABS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE Terms of Service/Use.
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Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 365LABS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF 365LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH 365LABS RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
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Indemnification: You agree to indemnify and hold harmless 365labs, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any terms of these Terms of Service/Use, or other claim related to your use of the Service.
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Termination: You agree that 365labs may terminate your membership account and access to the service for any reason. Cause for such termination may include but not be limited to breaches or violations of these Terms of Use or the 365labs Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the service, unexpected technical issues or problems, extended periods of inactivity, and requests by law enforcement or other government agencies. Termination of your 365labs membership account includes elimination of access to the service, deletion of your account information such as your e-mail ID and Password, and deletion of data in your membership account as permitted or required by law. If you have any questions or concerns regarding this agreement, please contact us at support@asksolvers.com
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General: This agreement shall be construed, interpreted and governed by the laws of the State of California exclusive of its conflicts of law provisions. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. You shall not use is this service if you are within the United States export regulations and applicable laws and regulations.
Contact Information
If you or your have any questions about our products, Terms of Use, or Privacy Policy, please contact AskSolvers Support, c/o 365labs support@asksolvers.com.
Last Update: April 4, 2007
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