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Terms of Service
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In General
Your
use of AMRAY Network Corporation Internet Web Directory
and Search Engine Site (the "Site"), and all information,
products and services on the Site, including our search,
specialty services (collectively, the "Services")
are subject to the binding legal terms set forth below
("Terms"). We may update these Terms from time to
time without giving you any notice. Unless we let
you know by giving you a notice, any new features
or updated Services that we put on the Site will be
subject to these Terms. BY USING THE SERVICES,
YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF
YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH
BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES
FOR ANY PURPOSE.
AMRAY is pleased to give you access to this Site
free of charge. However, in order to access the
Site, you will need to establish an account with
an Internet service provider. You will also need
equipment to access the Site, including a computer,
modem or other communication device. You agree to
pay for all hardware and services costs needed to
access the Site and use the Services. AMRAY is not
responsible for any of these costs.
Some parts of the Site contain mature or adult content
intended for people who are at least 18 years old.
If you view this adult content, we understand that
you are telling us that you are at least 18 years
old and that the material you are viewing is acceptable
to you. If you do not want to view this content,
you can select the Family Filter set forth below,
to exclude the adult content.
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How You Can Use
the Services
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You may use the Services on the Site for your personal
use. You may make a single copy of the individual
screens you see when you use the Services, but only
for your personal use. You cannot distribute or
transfer the copies to others in exchange for money
or other consideration. You may not-and agree not
to-modify, reformat, copy, display, distribute,
transmit, publish, license, create derivative works
from, transfer or sell any information, products
or services obtained from the Services, except as
set forth below. This means that you may not mirror
the home page or results pages of the Site on your
own Web site or Web page.
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No License Granted
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Except
for allowing you to use the Site for your personal
use as set forth in the paragraph above, when you
use the Site, you are not receiving a license or any
other rights from us, including intellectual property
or other proprietary rights of AMRAY or other companies
with which we are affiliated. YOU UNDERSTAND THAT
YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER AMRAY
PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
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Conduct of Visitors
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believe that all visitors benefit from basic rules
regarding conduct while using the Services so that
everyone feels free to share opinions and ideas. The
free flow of ideas is jeopardized when a few individuals
act irresponsibly. To help everyone have a positive
experience, we ask-and you agree-to follow the following
basic rules of conduct when using the AMRAY Site:
1. You will follow these Terms and all applicable
laws;
2. You will not harass, threaten or abuse other
people when using the Site in any manner;
3. You will not interfere with others' use of the
Site, including by interrupting other users' sessions,
scrolling down (automatically or manually) to make
it difficult for them, or otherwise act in a way
that negatively affects other users' enjoyment of
the Services;
4. You will not post any content that is obscene
or may be hateful or offensive on racial, ethnic
or any other grounds; is harmful, vulgar or distasteful;
or is defamatory, libelous, or invades another person's
privacy or proprietary rights;
5. You will not attempt to harvest any screen names
of e-mail addresses for any commercial use;
6. You will not collect or store personal information
about any other individual on the Site, or otherwise
stalk, repeatedly contact or harass another user;
7. You will not impersonate any other person or
misrepresent a relationship with any person or entity,
including misrepresenting a relationship with AMRAY;
similarly, you will not adopt a false identity if
the purpose of doing so is to deceive or defraud
another;
8. You will not use the Services to harm minors
in any way, or encourage interactions with minors
of a sexual nature;
9. You will not manipulate the Services so as to
hide your identity or participation in Services
on the Site (by using another person's identity,
changing headers, or otherwise modifying any other
possible identifier);
10. You will not send any bulk unsolicited advertising,
promotional information, e-mail or other solicitation
(including without limitation junk mail, "spam,"
chain letters or pyramid schemes of any sort) to
any person through the use of the Services;
If you violate any of the guidelines set forth above,
or any other aspect of these Terms, we reserve the
right to suspend or terminate your rights to use
the Services without giving you any notice.
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Disclosure of
Your Identity
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time to time we receive requests to disclose the identities
of our users. We do not disclose the identities of
ours users unless we are legally required to do so.
If a governmental agency sends us a subpoena, we
will comply with it. If we receive a subpoena by
a third party that is not a governmental agency
(for example, a subpoena in connection with civil
litigation), we will contact the user whose identity
has been requested. We will wait 15 days after notifying
the user before complying with the subpoena, unless
the subpoena requires us to disclose this information
before then. If we can not wait 15 days because
of the deadline in the subpoena, we will let the
user know the deadline included in the subpoena
when we provide notice that we received it.
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Disclaimer of
Warranties
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RESULTS: THE WEB CHANGES CONSTANTLY AND NO SEARCHING
OR INDEXING TECHNIQUES CAN POSSIBLY INCLUDE ALL PAGES
ACCESSIBLE ON THE WEB IN ITS INDEX OF SITES (THE "INDEX").
AS A RESULT, AMRAY DOES NOT AND CAN NOT GUARANTEE
THAT YOUR SEARCH RESULTS WILL BE COMPLETE OR ACCURATE
OR THAT THE LINKS ASSOCIATED WITH THE INDEX WILL BE
COMPLETE OR ACCURATE OR ACTIVE AT THE TIME OF YOUR
SEARCH. THE WEB SITES INCLUDED IN THE INDEX ARE DEVELEOPED
BY PEOPLE WE DO NOT CONTROL. WE ASSUME NO RESPONSIBILITY
FOR THE CONTENT OF ANY SITE INCLUDED IN THE INDEX,
AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS
CONTAINED IN THE SITE (OR ANY SITE YOU MAY LINK TO
FROM THE SITE), OR ANY OFFENSIVE OR OTHERWISE OBJECTIONABLE
CONTENT CONTAINED IN THE SITE (OR ANY SITE YOU MAY
LINK TO FROM THE SITE).
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING
ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA
OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE
FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU
UNDERSTAND THAT THE SERVICES, INDEX AND ALL INFORMATION,
PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY
INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR
ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS
IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND
ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE
TO YOU. YOU ACKNOWLEDGE THAT AMRAY MAKES NO WARRANTY
THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE. YOU UNDERSTAND THAT AMRAY
DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM
YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS.
ACCESS TO THE WEB SITE OR UNAVAILABLE DUE TO MAINTENANCE
OR UPGRADE PROCEDURES. NO WARRANTY OF ANY KIND,
WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF
THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, AMRAY DISCLAIMS
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF
ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
QUALITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS) INCLUDING WITHOUT LIMITATION,
IN REFERENCE TO THE SERVICES, INDEX AND ALL INFORMATION,
PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY
INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR
ACCESSIBLE FROM THE SITE.
AMRAY EXPRESSLY DISCLAIMS ANY ENDORSEMENT. RECCOMMENDATION,
GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION
(WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE)
IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION
OR INACTION OF ANY PARTY INCLUDING WITHOUT LIMITATION
ADVERTISERS, PARTNERS, PARTICIPATING MERCHANTS,
MANUFACTURERS OR SUPPLIERS OR ANY PRODUCTS OR SERVICES
SUPPLIED BY SUCH PARTIES.
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Limitation of
Liability
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THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL AMRAY, ITS PARENT OR SUBSIDIARIES, ANY
OF THE COMPANIES IT IS AFFILIATED WITH, OR ANY OF
ITS CONTENT PROVIDERS BE LIABLE TO YOU (OR ANY THIRD
PARTY MAKING CLAIMS THROUGH YOU) FOR ANY LOSS OR DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA
OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS
TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR
TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE,
INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR
NON-PERFORMANCE OF THE SITE, ANY AMRAY SITE, THE SERVICES
OR THE INDEX, ANY COMPUTER-RELATED DAMAGES DUE TO
DOWNLOADING MATERIALS, TYPOGRAPHICAL ERRORS AND/OR
OMISSIONS. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL
DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN
SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE,
OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH
OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL
PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY.
- AMRAY
is not responsible for the accuracy of associated
companies' information including any changes in
or discontinuance of services and/or products,
nor any intellectual property infringement made
by any party. AMRAY is not responsible for changes
in the services and/or products offered by affiliated
companies.
- In
no event shall AMRAY's liability, either jointly
or severally, exceed $1.
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Removal of Sites
from Index
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We
are sometimes asked to remove links from our search
results pages. We address these requests on a case-by-case
basis and in general, follow the guidelines below:
- We
enter, to index and catalog Web sites manually,
which means there is advance review by human beings.
- In
general, we believe that people who make information
available on the Web expect that it will be available
publicly and indexed for distribution, much like
AMRAY indexes information to make it available
for its users.
If
you want to restrict access to your site, please let
us know.
If an AMRAY user comes across Web pages that contain
private personal, professional or financial information
that is not available to the public and/or may have
been illegally obtained, he or she can report to
abuse @ AMRAY to request that the offending URL
be removed from AMRAY's index. Please note that
removing said URL from AMRAY's index does not remove
the URL from the public Internet or the indexes
of other search engines.
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Manipulation
of Search Results
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We
are committed to provide our users the most relevant
search results presented in the order of greatest
relevance. We rank search results automatically according
to established ranking criteria (which may change
from time to time). We do not guarantee any ranking
results for any Web page. We also reserve the right
in our sole discretion to adjust the ranking of search
results for any Web page and to remove listings of
Web pages if we believe people are abusing our Site.
If you believe that our search results have been manipulated,
we will evaluate your claims but we reserve the right
to take action or not.
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Access Restrictions;
Termination
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We
reserve the right to accept or reject URLs submitted
to our index at any time and terminate your access
to the Site without given any reason or explanation.
We can also change these Terms at any time, without
notice, and your continued use of the Services after
any change we make will mean that you agreed with
the changes. IN THE EVENT THAT YOU DO NOT AGREE TO
ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES
IN ANY MANNER FOR ANY PURPOSE.
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Miscellaneous
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This contract shall be governed by and construed
in accordance with the laws of Canada without regard
to conflict of laws principles. These Terms as amended
from time to time, set forth the entire understanding
between you and AMRAY and supersede any and all prior
or contemporaneous agreements or understandings between
you and AMRAY, whether oral or written, as to the
subject matter of these Terms. If any provision of
these Terms or the application thereof to any person
or circumstances shall to any extent be held to be
invalid or unenforceable, the remainder of these Terms,
or the application of such provisions to persons or
circumstances as to which it is not held to be invalid
or unenforceable, shall not be affected thereby, and
each provision shall be valid and be enforced to the
fullest extent permitted by law. Although you acknowledge
that we will have the ability to enforce our rights
in any court of competent jurisdiction, you hereby
consent to the exclusive jurisdiction and venue of
courts in Winnipeg, Manitoba, Canada., regarding any
and all disputes relating to these Terms, your use
of the AMRAY Site, the Services. No waiver of these
Terms will be valid, except in the event that the
waiver is in writing and signed by an officer of AMRAY.
If the performance by AMRAY of the Terms or any obligation
thereunder is prevented, restricted or interfered
with by any act or condition whatsoever beyond the
reasonable control of AMRAY, you shall excuse, without
further action or notice, AMRAY's performance to the
extent of such prevention, restriction or interference.
You can direct any questions concerning these Terms
here
Last
updated February 16, 2003.
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