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Terms Of
Use
General
Jupiter5.com and, its subsidiaries and
affiliates (collectively "Jupiter5.com")
provide you with access to this Web site
and the services available on this Web
site, or other Web sites as indicated
below, (collectively, the "Services,"
which will be defined more under the
Section, "Services."). Access to and use
of the Services is governed by these
Terms of Use (the "Agreement"). By
accessing or using the Services, you
indicate your assent to be bound by the
Agreement, and your acknowledgment of
and agreement to its terms.
Services
The Services include
Jupiter5.com Search. The Services
may also be located on third party web
sites and/or applications. Our Search
Services enable you to search the World
Wide Web for anything that interests
you, whether it is fly fishing, medical
research or digital cameras. We provide
you with search listings of advertisers
of Jupiter5.com (as well as search
listings provided to Jupiter5.com by a
third party to supplement the advertiser
listings) that help you find what you
are looking for.
A little more detail:
The Services act as a system or venue
to introduce you to buyers and sellers
of goods and services and providers of
information.
Jupiter5.com uses reasonable efforts to
ensure the availability of the
information and content, including
links, that it makes available through
the Services. However, the Services are
composed of content not offered by
Jupiter5.com. Jupiter5.com does not
control (i) the quality, safety or
legality of items available through or
on its advertisers' Web sites or sites
of third parties not in privity of
contract with Jupiter5.com, (ii) the
truth or accuracy or legality of the
content from those advertisers or those
third parties (even if such content
appears on the Services), or (iii) the
availability or technical capabilities
of their Web sites or links to those Web
sites. Jupiter5.com is not liable or
responsible for content supplied by
third parties, or for actions you might
take in reliance on that content.
Nothing contained in any of the
Services is an offer or promise to sell
a specific product for a specific price
or that any advertiser will sell any
product or service for any purpose or
price or on any specific terms.
Jupiter5.com does not guarantee the
price, terms, product, availability
and/or services offered by any
advertiser.
For all of the Services,
Jupiter5.com is not involved in any
transactions between you and any of its
advertisers, and is not responsible for,
and does not guarantee the price or
performance of any goods, services or
information provided by advertisers. If
you have a dispute with one or more
advertisers, you agree to release and
hereby release Jupiter5.com (and
Jupiter5.com's officers, directors,
agents, subsidiaries, affiliates,
employees, successors, assigns, content
providers and service providers) from
claims, demands and damages (actual and
consequential) of every kind and nature,
known and unknown, suspected and
unsuspected, disclosed and undisclosed,
arising out of or in any way connected
with such disputes.
Only Personal Use is Authorized
Under this Agreement,
Jupiter5.com gives you permission to
access and use the Services for your
personal use, and to copy, distribute
and transmit the content of the Services
only to the extent that such copying,
distribution, and transmission is
automatically done through your browser
software incidentally to using the
Services for your personal use. You may
also print a copy of the information
displayed on the Services for your
personal use. That means, that except as
set forth above, you may not modify,
reformat, copy, display, distribute,
transmit, publish, license, create
derivative works from, transfer or sell
any information, products, or service
obtained by your use of the Services.
This restriction means, among other
things, that you may not mirror on your
own Web site any portion of the Services
or display through your own Web site any
results pages or other information from
the Services without Jupiter5.com's
express permission.
The technology underlying, and
content within, the Services is owned by
Jupiter5.com and/or its licensors
(including Jupiter5.com's advertisers
and other content providers) and is
protected by copyright and other
intellectual property or proprietary
rights. If you use the Services other
than as provided above, you may violate
copyright and other laws of the United
States, other countries, as well as
applicable state laws and may be subject
to penalties. That would not be a good
thing. As between you and Jupiter5.com,
Jupiter5.com owns and retains all
ownership of the technology underlying
and content within the Services, and
reserves all rights not explicitly
granted to you in this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND.
JUPITER5.COM DISCLAIMS ANY WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
Jupiter5.com Potential Liability for the
Services is Limited
NEITHER JUPITER5.COM
NOR ANY OF ITS OFFICERS, DIRECTORS,
AGENTS, SUBSIDIARIES, AFFILIATES,
EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT
PROVIDERS OR SERVICE PROVIDERS WILL BE
LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE
SERVICES, OR INABILITY TO GAIN ACCESS TO
OR USE THE SERVICES. JUPITER5.COM WILL
NOT BE LIABLE FOR ANY MATERIAL OF WEB
SITES IT LINKS TO AS PART OF THE
SERVICES OR FOR INFORMATION CONTAINED IN
OR PART OF THE SERVICES INCLUDING BUT
NOT LIMITED TO SEARCH RESULTS. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, THE RESPECTIVE LIABILITY
OF JUPITER5.COM, ITS EMPLOYEES, AGENTS,
SUCCESSORS, ASSIGNS, AFFILIATES, AND
CONTENT OR SERVICE PROVIDERS IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY SUCH
STATE LAW AND OR $100 WHICHEVER IS
LOWER. NO CHARGES OF ANY KIND WILL BE
TAKEN AGAINST THE OWNER, OFFICERS,
DIRECTORS, IN ANY COURT OF LAW.
PRIVACY
Please review our Privacy Statement.
INDEMNIFICATION
Customer agrees that it shall defend,
indemnify, save and hold Jupiter5.com
harmless from any and all demands,
liabilities, losses, costs and claims,
including reasonable attorney's fees
asserted against Jupiter5.com, its
agents, its customers, officers and
employees, that may arise or result from
any service provided or performed or
agreed to be performed or any product
sold by customer, its agents, employees
or assigns. Customer agrees to defend,
indemnify and hold harmless Jupiter5.com
against liabilities arising out of; (1)
any injury to person or property caused
by any products sold or otherwise
distributed in connection with
Jupiter5.com's server; (2) any material
supplied by customer infringing or
allegedly infringing on the proprietary
rights of a third party; (3) copyright
infringement and (4) any defective
products sold to customer from
Jupiter5.com's server.
DISCLAIMER
Jupiter5.com will not be responsible
for any damages customers or their
enterprises may suffer. Jupiter5.com
makes no warranties of any kind,
expressed or implied for services we
provide. Jupiter5.com disclaims any
warranty, merchantability or fitness for
a particular purpose. The includes loss
of data resulting from delays,
non-deliveries, wrong delivery, any and
all service interruptions caused by
Jupiter5.com and its employees.
Jupiter5.com reserves the right to
revise its policies at any time.
LIMITATION OF LIABILITY
In no event shall Jupiter5.com be
liable to customer for any damages
resulting from, or related to, any
failure or delay of Jupiter5.com in
providing access to the internet under
this agreement. Jupiter5.com makes no
warranties of any kind, expressed or
implied for services we provide.
Jupiter5.com disclaims any warranty,
merchantability or fitness for a
particular purpose. In no event shall
Jupiter5.com be liable to customer for
any indirect, special or consequential
damages or lost profits arising out of
or related to this agreement, the
performance or breach thereof, or the
accuracy or correctness of databases or
the information contained therein, even
if Jupiter5.com has been advised of the
possibility thereof. Any claim or legal
action arising out of failure,
malfunction or defects in Jupiter5.com
services or goods, or arising from this
contract in any respect, shall be
brought within a period of one (1) year
following the occurrence or said claim
shall be deemed waived. Jupiter5.com’s
liability to customer hereunder, if any,
shall in no event exceed the total
amount customer paid to Jupiter5.com
hereunder. Jupiter5.com will not be
responsible for any damages suffered by
customer in any way related to this
agreement. This includes loss of data
resulting from delays, non-deliveries,
wrong deliveries, and any and all
service interruptions caused by
Jupiter5.com and its employees by its
own negligence or customers errors or
omissions. Jupiter5.com reserves the
right to revise its policies at any
time.
In notifying Jupiter5.com of alleged
copyright infringement, you must include
the following information: A description
of the copyrighted work that is the
subject of claimed infringement A
description of the infringing material
and information sufficient to permit
Jupiter5.com to locate the alleged
material Contact information for you,
including your address, telephone number
and/or email address A statement by you
that you have a good faith belief that
the material in the manner complained of
is not authorized by the copyright
owner, or its agent, or by the operation
of any law A statement by you, signed
under penalty of perjury, that the
information in the notification is
accurate and that you have the authority
to enforce the copyrights that are
claimed to be infringed A physical or
electronic signature of the copyright
owner or a person authorized to act on
the owner's behalf
Failure to include all of the
above-listed information may result in
the delay of the processing of your
complaint. For more information on the
Digital Millennium Copyright Act please
visit the United States Copyright Office
at
http://lcweb.loc.gov/copyright/onlinesp/.
Jupiter5.com does not arbitrate or
resolve trademark disputes among
Jupiter5.com
advertisers or between those advertisers
and third parties. However, Jupiter5.com
will promptly comply with an order of a
court of competent jurisdiction
concerning a trademark issue.
Jupiter5.com occasionally receives
requests to remove listings from within
the Services. Jupiter5.com reserves the
right to address such requests on a
case-by-case basis.
Objectionable Material
Jupiter5.com encourages you to use
discretion when browsing the Internet or
using the Services. The Services may
contain information that you find
objectionable, harmful, deceptive or
otherwise inappropriate, especially for
children. To ensure you do not receive
offensive material, nevertheless, you
must install your own filtering software
if you wish to limit the content
available through the Services.
If you come across any site that you
believe contains child pornography or
other illegal material, please contact admin@jupiter5.com
and we will contact the authorities as
appropriate.
Privacy and Data Collection
Jupiter5.com does not
collect personally identifying
information from users of the Services
unless users have explicitly given such
information to Jupiter5.com (for
example, when becoming an advertiser or
when sending us an email with a question
or as part of a contest). Jupiter5.com
information practices are further
described in its privacy policy.
Jupiter5.com privacy policy is part of
this Agreement, and you agree that use
of data as described in the privacy
policy is not an actionable breach of
your privacy or publicity rights. If you
have entered into another agreement with
Jupiter5.com
(such as an Affiliate Agreement or an
Advertiser Agreement), then you may be
subject to additional or different
provisions regarding privacy and data
collection. If you would like more
information, please read our
privacy policy.
You should consider any communication
that you transmit to Jupiter5.com (such
as data, questions or answers, comments,
or suggestions) as non-confidential, and
agree that Jupiter5.com will not be
liable or responsible if information
that belongs to you is intercepted and
used by an unintended recipient.
Control over Features, Functions,
and Access to the Services
Jupiter5.com reserves the right to
change any information, features and
functions of the Services without prior
notice. Jupiter5.com may deny you access
to all or part of the Services without
prior notice if you engage in any
conduct or activities that Jupiter5.com
determines, in its sole discretion,
violate this Agreement, the rights of
Jupiter5.com or any third party, or is
otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the
laws of the State of Florida without
regard to its conflict of law
provisions. Jupiter5.com failure to
exercise or enforce any right or
provision of the Agreement will not be
deemed to be a waiver of such right or
provision. If any provision of this
Agreement is found by a court of
competent jurisdiction to be invalid,
the parties nevertheless agree that the
court should endeavor to give effect to
the parties' intentions as reflected in
the provision, and the other provisions
of this Agreement remain in full force
and effect. You agree that regardless of
any statute or law to the contrary, any
claim or cause of action arising out of
or related to use of the Services must
be filed within one (1) year after such
claim or cause of action arose or be
forever barred.
Arbitration
Any controversy or claim arising out of
or relating to this Agreement or the
Services will be settled by binding
arbitration in accordance with the
commercial arbitration rules of the
American Arbitration Association. Any
such controversy or claim must be
arbitrated on an individual basis, and
must not be consolidated in any
arbitration with any claim or
controversy of any other party. The
arbitration must be conducted in Dade City, Florida, and judgment on the
arbitration award may be entered into
any court having jurisdiction thereof.
Either you or Jupiter5.com may seek any
interim or preliminary relief from a
court of competent jurisdiction in
Dade City, Florida, as necessary
to protect the rights or property of you
or Jupiter5.com
Amendment
Jupiter5.com may amend this Agreement at
any time by posting the amended terms on
its Web site. Except as stated below,
all amended terms are automatically
effective 3 days after they are
initially posted. This Agreement may not
be otherwise amended except in a written
document signed by you and Jupiter5.com.
Contacting Us
If you have any questions about our
site, this agreement, or our general
procedures, please contact:
admin@jupiter5.com
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