These Terms of Use state the terms by which you may use this website (the "Website") and are an agreement between you and us. Your use of this Website indicates that you have read, accept, and agree to be bound by these Terms of Use. If you do not agree to our Terms of Use, then you should not use our Website.
We may modify our Terms of Use at any time without notice and in our sole discretion, and our modifications will apply immediately. You should check bask with us from time to time to ensure you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of Use.
We use commercially reasonable efforts to maintain our Website.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with (a) a description of the incident; (b) a description of the error message; and (c) a description of how you discovered the incident.
We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses or such destructive software. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
Our Website and the content contained therein should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following: (a) tampering with the Website; (b) uploading viruses to our Website; (c) decompiling or reverse engineering the software comprising our Website; (d) copying or making derivative works of any copyrightable element of our Website; and (e) searching the Website with any tool other than a browser.
If you become aware of any inappropriate use, please notify us at our email address at info@isearchbycity.com.
We and our licensors shall retain ownership of all right, title, and interest in the material on this Website, including but not limited to the design features, the arrangement and organization, the databases, and any and all content, including but not limited to photos and text (collectively the "Intellectual Property"). You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, or otherwise use for any purpose any portion of our Website for any commercial or non-commercial use without the express written consent of us as appropriate.
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information: (a) The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed; (b) A description of the intellectual property right that you claim has been infringed; (c) A description of where the allegedly infringing item is located on the Website; (d) Your address, telephone number, and email address; and (e) A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner's behalf, made under penalty of perjury.
By using this Website, you agree that we will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of the Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total aggregate amount of One hundred dollars ($100.00) for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
The use of this Website and the reliance on any information contained herein shall be at your sole risk. We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, Virus-free, free of defects, or free of technical problems, or that any information will be accurate or complete. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.
By using this Website, you agree to indemnify, defend, and hold harmless us, our respective licensors, affiliates, officers, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to your use of this Website, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
We reserve the right to discontinue this Website at any time in our sole discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any paragraph of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that paragraph shall be construed to the extent feasible to render the paragraph enforceable and to give effect to the Parties' intentions as reflected in the paragraph. If no feasible interpretation would save such paragraph, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The paragraph headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.
These Terms of Use shall be governed by and construed in accordance with the laws of California, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration in Los Angeles, CA by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators' fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator's award in any court having jurisdiction.
In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at info@isearchbycity.com.
These Terms of Use were last modified: September 21, 2011.
