LAST UPDATED: October 22, 2010
Terms of Service
Please read this Terms of Service agreement (the “Agreement”)
carefully. Your use of the Site (as defined below) constitutes your agreement
to be bound by this Agreement.
This Agreement is between you (“you”) and QuinStreet, Inc. (“QuinStreet
(“Company,” “we,” “us”) concerning your
use of the website owned and controlled by us from which you are accessing
this Agreement (together with any successor site(s), and all Site Services
and Site Content, the “Site”).
1. Acceptance of Terms. By using the Site, you agree to the terms of this
Agreement and to any additional rules and guidelines that we post on the Site.
We may make changes to this Agreement from time to time; we may notify you
of such changes by any reasonable means, including by posting the revised version
of this Agreement on the Site. You can determine when we last changed this
Agreement by referring to the “LAST UPDATED” legend above. Your
use of the Site following changes to this Agreement will constitute your acceptance
of those changes; provided, however, absent your express consent, any material
change to this Agreement shall not apply retroactively to any claim or dispute
between you and us in connection with this Agreement that arose prior to the “LAST
UPDATED” date applicable to that version of this Agreement in which we
included such material change. We may, at any time, modify or discontinue all
or part of the Site; charge, modify or waive fees required to use the Site;
or offer opportunities to some or all Site users.
2. Jurisdictional Issues. The Site is controlled and/or operated from the
United States, and is not intended to subject us to non-U.S. jurisdiction or
laws, except as otherwise expressly stated in this Agreement. The Site may
not be appropriate or available for use in some jurisdictions outside of the
United States. In choosing to access the Site, you do so on your own initiative
and at your own risk, and you are responsible for complying with all local
laws, rules and regulations, including any export controls, embargoes or other
rules and regulations restricting exports. We may limit the Site's availability,
in whole or in part, to any person, geographic area or jurisdiction we choose,
at any time and in our sole discretion.
3. Information Submitted Through the Site. Your submission of information
Policy”, and which is hereby incorporated into this
Agreement by this reference. You represent and warrant that any information
you provide in connection with your use of the Site is and shall remain true,
accurate, and complete, and that you will maintain and update such information
regularly. You agree that if any information you provide is false, inaccurate,
obsolete or incomplete, we may terminate your use of the Site.
4. Site Services and Content. The Site provides you with
access to certain services, such as referrals to products, services and suppliers
that may be
of interest to you (the “Site Services”), and to certain content
provided by us or by third parties, such as news and information regarding
such products, services and suppliers in various industries (the “Site
Content”). In addition to the other terms and conditions of
this Agreement, please carefully note the following regarding our services
- Services. We may provide Site users with the
opportunity to submit requests for information on a wide variety of products
offered by certain
service providers (each such service provider, a “Service
each such request, a “Request”). We cannot
and do not guarantee that these Service Providers will provide information
for every Request received
or that the Service Providers who do respond to your Request can in fact
meet all of your requirements. We may reject any Request and/or elect
not to forward
a Request to participating Service Providers, for any reason or no reason.
In submitting a Request to us, you agree to allow us to refer all of
the information that you provide in connection with your Request to third
any Service Providers. If any Service Provider(s) wish to provide information
to you in connection with your Request, you will be contacted regarding
the offerings and related pricing. We request that the Service Providers
with you via the preferred medium that you have listed (e.g., phone or
email); however, this does not preclude such Service Providers from contacting
by any other means that they deem appropriate. In working with Service
Providers, we seek to work with companies that are reputable and professional;
we strongly recommend that you perform your own due diligence on each
potential Service Provider prior to selecting and/or entering into any
type of agreement
or other arrangement with any particular Service Provider. In addition,
once we refer your request to the Service Providers in the Service Provider
we have no further involvement in any transactions that occur between
you and the Service Provider(s). WE ARE NOT RESPONSIBLE OR LIABLE FOR
ANY SERVICE PROVIDER’S
ACTS OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY
QUOTES OR SERVICES THAT ANY SUCH SERVICE PROVIDER MAY PROVIDE), FOR SUCH
CONTACTING OR FAILURE TO CONTACT YOU, FOR SUCH SERVICE PROVIDER’S
PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT
OR TRANSACTION BETWEEN
YOU AND ANY SERVICE PROVIDER.
- Content. The Site may include Site Content. We
provide any such Site Content solely for your convenience, and such Site
Content (i) is not
intended as a substitute for professional advice; (ii) should not be construed
as the provision of advice or recommendations; and (iii) should not be relied
upon as the basis for any decision or action, including without limitation
the diagnosis or treatment of any health problem, the eligibility for or
appropriateness of any benefit or service, or the making of a financial decision.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY SITE CONTENT.
Site Content is not exhaustive and should not be considered complete or up-to-date.
It is your responsibility to evaluate the accuracy, completeness or usefulness
of any Site Content available through the Site. The relationship between
you and us is not a professional or similar relationship; always seek the
advice of a qualified professional with respect to any questions that you
may have, and never disregard professional advice or delay in seeking it
because of something that you have read on the Site. We neither recommend
nor endorse any specific products, opinions, or other Site Content that may
be made available through or mentioned on the Site..
Site Content may be provided by our employees as well as by third parties.
Please note that third parties may post messages, provide materials or make
statements that are inaccurate, misleading or deceptive. We, our affiliates
and our and their employees, officers, directors, agents, representatives,
licensors, suppliers and service providers (collectively with us, the “Company
Entities”) do not endorse and are not responsible or liable for any Site
Content, or any opinion, advice, information or statements in such Site Content,
or your use of any Site Content. Under no circumstances will the Company Entities
be liable for any loss or damage caused by your reliance on Site Content or
for any results obtained by using any such Site Content. The opinions expressed
in the Company Entities reflect solely the opinions of the individuals who
submitted such opinions, and may not reflect our opinions. YOUR USE OF THE
SITE AND RELIANCE ON ANY SITE CONTENT IS SOLELY AT YOUR OWN RISK.
5. Rules of Conduct. While accessing and using the Site you will comply with
all applicable laws, rules and regulations. In addition, we expect users of
the Site to respect the rights and dignity of others. Your use of the Site
is conditioned on your compliance with the rules of conduct set forth in this
section; your failure to comply with such rules may result in termination of
your access to the Site pursuant to Section 15 below. You agree that you will
- Post, transmit, or otherwise make available, through or in connection
with the Site:
o Anything that is or may be (a) threatening, harassing, degrading, hateful
or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent,
pornographic or otherwise objectionable; or (e) protected by copyright, trademark,
trade secret, right of publicity or other proprietary right without the express
prior consent of the owner of such right.
o Any material that would give rise to criminal or civil liability;
that promotes gambling; that encourages conduct that constitutes
offense; or that
encourages or provides instructional information about illegal activities
or activities such as "hacking," "cracking," or "phreaking."
o Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer
code, file, or program that is harmful or invasive or may or is intended to
damage or hijack the operation of, or to monitor the use of, any hardware,
software or equipment.
o Any unsolicited or unauthorized advertising, promotional material, "junk
mail," "spam," "chain letter," "pyramid scheme" or
investment opportunity, or any other form of solicitation.
o Any material, non-public information about a company without the proper authorization
to do so.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate
the legal rights of others, including without limitation others'
privacy rights or rights of publicity, or harvest or collect personally identifiable
about other users of the Site.
- Impersonate any person or entity, including without limitation any of
our (or our affiliates) representatives; falsely state or otherwise misrepresent
affiliation with any person or entity; or express or imply that we
endorse any statement or posting you make.
- Interfere with or disrupt the operation of the Site or the servers or
networks used to make the Site available; or violate any requirements,
or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without
limitation by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services
without our express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any
commercial purposes, any portion of, use of, or access to the Site.
- Except as expressly permitted by applicable law, modify, adapt, translate,
reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from
the Site or materials originating from the Site.
- Frame or mirror any part of the Site without our express prior written
- Create a database by systematically downloading and storing all or any
Use any robot, spider, site search/retrieval application or other manual or
automatic device to retrieve, index, "scrape," "data mine" or
in any way gather Site content or reproduce or circumvent the navigational
structure or presentation of the Site without our express prior written
consent. Notwithstanding the immediately foregoing sentence (but
subject to the other
items listed above), we grant the operators of public search engines
permission to use spiders to copy materials from the Site for the
sole purpose of
and solely to the extent necessary for creating publicly-available
of such materials, but not caches or archives of such materials.
We reserve the right to revoke these exceptions, either generally
at any time.
Additionally, you acknowledge and agree that you (and not Company) are responsible
for obtaining and maintaining all telecommunications, broadband, and computer
hardware, equipment, and services needed to access and use the Site, and paying
all charges related thereto.
6. Registration; User Names and
Passwords. You may be required to register
with us in order to access certain services or areas of the Site. With respect
to any such registration, we may refuse to grant you, and you may not use,
a user name (or e-mail address) that personally identifies you; that violates
the intellectual property or other rights of any person; that is offensive;
or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use
by any other person. You are responsible for maintaining the confidentiality
of any password you may use to access the Site, and agree not to transfer your
password or user name, or lend or otherwise transfer your use of or access
to the Site, to any third party. You are fully responsible for all interaction
with the Site that occurs in connection with your password or user name. You
agree to immediately notify us of any unauthorized use of your password or
user name or any other breach of security related to your account or the Site,
and to ensure that you “log off”/exit from your account with the
Site (if applicable) at the end of each session. We are not liable for any
loss or damage arising from your failure to comply with any of the foregoing
7. Submissions. For purposes of clarity, you retain ownership of any information,
content and/or materials that you submit through the Site (each, a “Submission”).
Please note, however, that we need certain rights to your Submissions to be
able to make them available on the Site. Accordingly, you hereby grant to the
Company Entities a worldwide, non-exclusive, transferable, sublicenseable (through
multiple tiers), royalty-free, perpetual, irrevocable right and license, without
compensation to you: to use, reproduce, distribute, adapt (including without
limitation edit, modify, translate, and reformat), create derivative works
of, transmit, publicly display, publicly perform and otherwise exploit such
Submission, in any media now known or hereafter developed. For each Submission,
you represent and warrant that you have all rights necessary for you to grant
the licenses granted in this section, and that such Submission, and your provision
thereof to and through the Site, comply with all applicable laws, rules and
regulations. Further, to the extent permitted under applicable law, you irrevocably
waive any “moral rights” or other rights with respect to attribution
of authorship or integrity of materials regarding each Submission that you
may have under any applicable law under any legal theory. We request this waiver
to help ensure that we have all the rights we may need to provide the Services
available through the Site. In addition, the Company Entities have no control
over, and shall have no liability for, any damages resulting from the use (including
without limitation republication) or misuse by any third party of information
voluntarily made public through any other part of the Site. IF YOU CHOOSE TO
MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE
IN A SUBMISSION, YOU DO SO AT YOUR OWN RISK.
8. Monitoring. You acknowledge and agree that we reserve the right (but have
no obligation) to do any or all of the following, at our sole discretion: (a)
monitor, evaluate or alter Submissions before or after they appear on the Site
(including, without limitation, through the use of automated filtering software);
(b) seek to verify that all rights, consents, releases and permissions in or
relating to such Submission have been obtained by you in accordance with your
representations above; and (c) refuse, reject or remove any Submission at any
time or for any reason (including, without limitation, through the use of automated
filtering software or if we determine, in our sole discretion, that all rights,
consents, releases and permissions have not been obtained by you despite your
representations above). You agree to cooperate with us in our verification
or inquiries related to the foregoing. We may disclose any Submissions and
the circumstances surrounding their transmission to anyone for any reason or
any unlawful, offensive or objectionable material(s) on the Site (except for
material that infringes copyright, which is addressed in Section 19 below),
contact us at email@example.com with your name and address, a description
of the material(s) at issue and the URL or location of such materials.
9. Proprietary Rights. The information and materials made available through
the Site are and shall remain the property of Company and its licensors and
suppliers, and are protected by copyright, trademark, patent, and/or other
proprietary rights and laws. Subject to your compliance with this Agreement,
and solely for so long as you are permitted by us to access and use the Site,
you may view one (1) copy of any content on the Site to which we provide you
access hereunder on any single computer solely for your personal, non-commercial
home use, provided that you keep intact all copyright and other proprietary
notices. Except as expressly authorized in advance by us in writing, you agree
not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative
works based (whether in whole or in part) on, all or any part of the Site or
any materials made available through the Site.
Company owns all trademarks and service marks, and any associated logos of
Company. All trademarks and service marks on the Site not owned by us are the
property of their respective owners. The trade names, trademarks and service
marks owned by Company, whether registered or unregistered, may not be used
in connection with any product or service that is not ours, in any manner that
is likely to cause confusion. Nothing contained on the Site should be construed
as granting, by implication, estoppel or otherwise, any license or right to
use any trade names, trademarks or service marks without the express prior
written consent of the owner of such trade names, trademarks or service marks.
10. Purchases. We may make available products and services for purchase through
the Site, and we may use third-party suppliers and service providers to enable
e-commerce functionality on our Site. If you wish to purchase any product or
service made available by us through the Site (each such purchase, a "Transaction"),
you may be asked to supply certain information relevant to your Transaction,
including without limitation your credit card number, the expiration date of
your credit card, your billing address, and your shipping information. YOU
REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S)
UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information,
you grant to Company the right to provide such information to third parties
for purposes of facilitating the completion of Transactions initiated by you
or on your behalf. Verification of information may be required prior to the
acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products
and prices of products and services described or depicted on this Site, are
subject to change at any time without notice. Company reserves the right, with
or without prior notice, to limit the available quantity of or discontinue
any product or service; to honor, or impose conditions on the honoring of,
any coupon, coupon code, promotional code or other similar promotions; to bar
any user from making any or all Transaction(s); and/or to refuse to provide
any user with any product or service. You agree to pay all charges that may
be incurred by you or on your behalf through the Site, at the price(s) in effect
when such charges are incurred, including without limitation all shipping and
handling charges. In addition, you remain responsible for any taxes that may
be applicable to your Transactions.
11. Links. The Site may provide links to other web sites and online resources.
Because we have no control over such sites and resources, you acknowledge and
agree that the Company Entities are not responsible for the availability of
such external sites or resources, and the Company Entities neither endorse
nor are responsible or liable for any content, advertising, products or other
materials on or available through such sites or resources. Other web sites
may provide links to the Site with or without our authorization. You acknowledge
and agree that the Company Entities do not endorse such sites, and are not
and shall not be responsible or liable for any links from those sites to the
Site, any content, advertising, products or other materials available on or
through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING
WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING,
PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES,
IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE
TO SUCH SITES AND RESOURCES.
We shall have the right, but not the obligation, at any time and in our sole
discretion, to block links from and to the Site through technological or other
means without prior notice.
12. Promotions. In addition to the terms and conditions of this Agreement,
any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions")
made available through the Site may be governed by specific rules that are
separate from this Agreement. By participating in any such Promotion, you will
become subject to those rules, which may vary from the terms and conditions
set forth herein. We urge you to review any specific rules applicable to a
particular Promotion, which will be linked from such Promotion, and to review
you submit in connection with such activities. To the extent that the terms
and conditions of such rules conflict with this Agreement, the terms and conditions
of such rules shall control.
13. DISCLAIMERS; LIMITATION OF LIABILITY. THE SITE AND ANY GOODS, SERVICES.
CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION
WITH THE SITE ARE PROVIDED TO YOU "AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS
OR WARRANTIES OF ANY KIND, AND EACH OF THE COMPANY ENTITIES DISCLAIMS ALL STATUTORY
OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO
THE SITE AND ALL GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING
WITHOUT LIMITATION, THIRD PARTY GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS)
MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES
OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT AND TITLE. WE AND THE OTHER COMPANY ENTITIES MAKE NO REPRESENTATION
OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) IS OR WILL BE ACCURATE, COMPLETE
OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE
WITH THE SITE. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A)
OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET CONNECTIVITY)
NEEDED TO USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE OR SERVICES
THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST
EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE,
INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR
USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.
NONE OF THE COMPANY ENTITIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION
WITH THE SITE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION
OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF
SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE
SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES,
EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT
LIMITATION, THE COMPANY ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND
RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT
POSTED ON THE SITE BY ANY OF THE COMPANY ENTITIES OR BY ANY THIRD PARTY. YOUR
SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING
THE SITE. THE MAXIMUM LIABILITY OF THE COMPANY ENTITIES FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO
US TO ACCESS AND USE THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN
IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY
TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
While we try to maintain the security of the Site, we do not guarantee that
the Site will be secure or that any use of the Site will be uninterrupted.
Additionally, third parties may make unauthorized alterations to the Site.
If you become aware of any unauthorized third party alteration to the Site,
contact us at firstname.lastname@example.org with a description of the material(s) at
issue and the URL or location of such material(s).
14. Indemnity. Except to the extent prohibited under applicable law, You agree
to defend, indemnify and hold harmless the Company Entities, from and against
all claims, losses, costs and expenses (including attorneys fees) arising out
of (a) your use of, or activities in connection with, the Site; (b) any violation
or alleged violation of this Agreement by you; (c) any use or other exploitation,
or failure or omission to use or otherwise exploit, any Submission (including
any portion thereof) that you post; or (d) any claim that your Submission or
any use or exploitation thereof caused damage to or infringed upon or violated
the rights of a third party, including without limitation past, present or
future infringement, misappropriation, libel, defamation, invasion of privacy
or right of publicity or violation of rights related to the foregoing.
15. Termination. This Agreement is effective until terminated. This Agreement
is effective until terminated. We may, at any time and for any reason, terminate
your access to or use of: (a) the Site, (b) your user name and password or
(c) any files or information associated with your user name and password. Upon
any such termination, your right to use the Site will immediately cease. You
agree that any termination of your access to or use of the Site may be effected
without prior notice, and that we may immediately deactivate or delete your
password and user name, and all related information and files associated with
it, and/or bar any further access to such information or files. You agree that
the Company Entities shall not be liable to you or any third party for any
termination of your access to the Site or to any such information or files,
and shall not be required to make such information or files available to you
after any such termination. Sections 2, 4(a), 4(b), 7-9, 11, 13-16 and 19-21
shall survive any expiration or termination of this Agreement.
16. Governing Law; Jurisdiction. This Agreement is governed by and shall be
construed in accordance with the laws of the State of California, U.S.A., without
regard to its principles of conflicts of law. You agree to exclusive jurisdiction
of the federal and state courts located in San Mateo County, California, U.S.A.,
and waive any jurisdictional, venue or inconvenient forum objections to such
courts. You further agree that the United Nations Convention on the International
Sale of Goods will not apply to this Agreement.
17. Filtering. We hereby notify you that parental control
protections (such as computer hardware, software or filtering services) are
that may assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is available
on the two web sites GetNetWise (http://kids.getnetwise.org/)
and OnGuard Online (http://onguardonline.gov/). Please note that we do not
endorse any of the
products or services listed at such sites.
18. Information or Complaints. If you have a question or complaint regarding
the Site or the meaning of application of this Agreement, please send an email
to email@example.com. You may also contact us by writing to 1051 E. Hillsdale
Blvd., 8th Fl., Foster City, CA 94404, or by calling us at .
California residents may reach the Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs by mail
at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Please note that email communications will not
necessarily be secure; accordingly you should not include information that
you consider to be sensitive in your email correspondence with us.
19. Claims of Copyright Infringement. The Digital Millennium Copyright Act
of 1998 (the “DMCA”) provides recourse for copyright owners who
believe that material appearing on the Internet infringes their rights under
U.S. copyright law. If you believe in good faith that materials available on
the Site infringe your copyright, you (or your agent) may send us a notice
requesting that we remove the material or block access to it. If you believe
in good faith that someone has wrongly filed a notice of copyright infringement
against you, the DMCA permits you to send us a counter-notice. Notices and
counter-notices must meet the then-current statutory requirements imposed by
the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices
should be sent to:
Attn: Copyright Agent
950 Tower Lane, 6th Fl.,
Foster City, CA 94404
Phone: (650) 578-7700
Fax: (650) 350-1423
We suggest that you consult your legal advisor before submitting a notice
20. Ability to Enter Into This Agreement. BY USING THE SITE, YOU REPRESENT
AND WARRANT THAT YOU ARE EITHER: (A) OF LEGAL AGE TO ENTER INTO THIS AGREEMENT
AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; OR
(B) THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE LEGAL AGE TO ENTER INTO
THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOUR
CHILD. If you are the parent or legal guardian of a child under the legal age
to enter into this Agreement, then, as used in this Agreement, “you,” “yourself,” “your,” and “user” means
and refers to you on behalf of yourself and your child who is the user of the
21. Miscellaneous. This Agreement does not, and shall not be construed to,
create any partnership, joint venture, employer-employee, agency or franchisor-franchisee
relationship between you and us. If any provision of this Agreement is found
to be unlawful, void or for any reason unenforceable, that provision will be
deemed severable from this Agreement and will not affect the validity and enforceability
of any remaining provision. You may not assign, transfer or sublicense any
or all of your rights or obligations under this Agreement without our express
prior written consent. We may assign, transfer or sublicense any or all of
our rights or obligations under this Agreement without restriction. No waiver
by either party of any breach or default hereunder will be deemed to be a waiver
of any preceding or subsequent breach or default. Any heading, caption or section
title contained herein is inserted only as a matter of convenience, and in
no way defines or explains any section or provision hereof. This Agreement
hereby incorporates by this reference any additional terms that we post on
the Site and, except as otherwise expressly stated herein, this Agreement is
the entire agreement between you and us relating to the subject matter herein
and supersedes any and all prior or contemporaneous written or oral agreements
or understandings between you and us relating to such subject matter. Notices
to you may be made via posting to the Site, by e-mail, or by regular mail,
in our discretion. The Site may also provide notices of changes to this Agreement
or other matters by displaying such notices or by providing links to such notices.
Without limitation, you agree that a printed version of this Agreement and
of 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. We will not be responsible for failures
to fulfill any obligations due to causes beyond our control.