LinkLan Terms of Service

Last Updated: October 2007

1. THIS IS AN AGREEMENT BETWEEN YOU AND LinkLan
This is an agreement ("Agreement") between you and LinkLan Corporation (or, if applicable, one of its affiliates) ("LinkLan"). LinkLan provides users, who submit queries in any Web-based search box provided by LinkLan, with Internet navigation assistance web pages ("Results Pages") containing search results and other content (the "Service"). This Agreement governs your use of the Service, including any Results Pages and any Web page that contains a Web-based search box provided by LinkLan (a "Home Page"; and, together with any Results Pages, the "LinkLan Web Pages"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. LinkLan OFFERS THE SERVICE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 7, 8, and 9); AND AN EXCLUSIVE REMEDY (See Section 8). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW LinkLan MAY MODIFY THIS AGREEMENT
LinkLan reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any LinkLan Web Page. If any terms contained in this Agreement conflict with any terms contained within an LinkLan Web Page, the terms of this Agreement shall control. Your continued use of the Service constitutes your acceptance of, and agreement to, this Agreement, including any changes made to such Agreement pursuant to this Section.

3. ADVERTISING
You understand and agree that the Service may include advertisements and that these advertisements are necessary for LinkLan to provide the Service.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICE
The LinkLan Web Pages are for your personal, non-commercial use only. You will not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the LinkLan Web Pages, any portion thereof, or any services or products available thereunder for commercial purposes. You will not use the LinkLan Web Pages in any way that is unlawful, or harms LinkLan, its affiliates, resellers, distributors, service providers and/or suppliers (each, an "LinkLan Party" and collectively, the "LinkLan Parties") or any customer of an LinkLan Party, as determined in LinkLan's sole discretion. LinkLan may tell you about certain specific harmful uses in a code of conduct or other notices available through an LinkLan Web Page, but has no obligation to do so. You will not use any LinkLan Web Page in any way that breaches any code of conduct, policy or other notice applicable to such LinkLan Web Page. Without limiting the generality of this Section, you will not use the LinkLan Web Pages in any manner that could damage, disable, overburden, or impair any LinkLan Web Page (or the network(s) connected to any Internet Web Page) or interfere with any other party's use and enjoyment of the Service.

5. PROHIBITED ACTIVITIES
Without limiting the generality of Section 4, you will not use any LinkLan Web Page to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.   You will not send automated queries of any sort to the Service without express permission in advance from LinkLan. Please note that "sending automated queries" includes, among other things (a) using any software that sends queries to the Service to determine how a web site or web page "ranks" on the Service for various queries; (b) "meta-searching" the Service; and (c) performing "offline" searches on the Service.

6. INFORMATION AVAILABLE FROM THE RESULTS PAGES
LinkLan and its suppliers do not warrant or guarantee the accuracy, completeness or timeliness of any information available on an LinkLan Web Page. LinkLan and its suppliers do not authorize the use of information available from LinkLan Web Pages for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. LinkLan does not endorse or recommend any particular product or service.

7. LinkLan MAKES NO WARRANTY
LinkLan PROVIDES THE LinkLan WEB PAGES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LinkLan PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE LinkLan PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

8. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY LinkLan PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE LinkLan WEB PAGES, EVEN IF SUCH LinkLan PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY LinkLan PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

9. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
The LinkLan Parties may change the service or delete features in any way, without notice, at any time and for any reason. As you use the Service, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, "Content") originated by LinkLan and persons other than LinkLan ("Third Parties"). The intellectual property rights in any Content, including any trademarks, provided by Third Parties via the Service are owned by such Third Parties or their licensors and may be subject to separate Terms and Conditions of those Third Parties. You understand and agree that by using the Service, you may be exposed to Content that is offensive, indecent, threatening or otherwise offensive. WITHOUT LIMITING THE GENERALITY OF SECTIONS 7 AND 8, YOU ACKNOWLEDGE AND AGREE THAT THE LinkLan PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED BY LinkLan OR ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 7 AND 8, YOU ACKNOWLEDGE AND AGREE THAT LinkLan IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (2) ANY INCOMPATIBILITY BETWEEN THE INTECHANGE WEB PAGES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICE IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED BY LinkLan TO YOU, OR (5) ANY LOSSES, DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE LinkLan WEB PAGES. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY LinkLan OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF SUCH CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 7, 8 AND 9 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

10. LINKS
The LinkLan Web Pages may include links to other World Wide Web sites or resources provided by Third Parties over which LinkLan exercises no control. The search results that appear from LinkLan's indices are indexed by LinkLan's automated machinery and computers, and LinkLan cannot and does not screen the sites before including them in the indices from which such automated search results are gathered.  Because LinkLan has no control over such links, sites and resources, you acknowledge and agree that LinkLan is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such links, sites or resources. You further acknowledge and agree that LinkLan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such link, site or resource.

11. REQUESTS FOR REMOVAL OF LINKS FROM INDICES
LinkLan occasionally receives requests to remove links from its indices that generate web results. Although LinkLan reserves the right to address such requests individually, LinkLan is generally not willing to remove any links from its indices. LinkLan's indices consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, LinkLan cannot and does not screen anything made available through its indices. For each web site reflected in LinkLan's indices, if either (a) a site owner restricts access to his or her web site or (b) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, LinkLan would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.

12. MAP INFORMATION
Map information provided through the Service is intended for planning purposes only. You may find that construction projects, traffic conditions or other events may differ from the map results. You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing in any map information provided on the Service.

13. INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless LinkLan, its parent,, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") relating to or arising from any breach by you of this Agreement or from your use of the Service.  LinkLan reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter; provided, however that you shall use your best efforts to cooperate with us in the defense of any Claim.

14. PROPRIETARY INFORMATION
You acknowledge and agree that the LinkLan Web Pages and any Content, services or software available through or used in connection with the LinkLan Web Pages contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the LinkLan Web Pages or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LinkLan or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the LinkLan Web Pages or any Content, services or software available through or used in connection with the LinkLan Web Pages, in whole or in part.

15. TRADEMARK INFORMATION
You acknowledge and agree that LinkLan™ and other LinkLan logos, products and service names are trademarks of LinkLan ("LinkLan Marks") and you agree that you will not display or use the LinkLan Marks in any manner, without the express written permission of LinkLan.

16. TERMINATION; ACCESS RESTRICTION
LinkLan may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Service will immediately cease. LinkLan may discontinue, temporarily or permanently, the Service with or without notice.

17. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with LinkLan, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this Agreement is with an  LinkLan affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such LinkLan affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject LinkLan Web Pages are directed. If this Agreement is with LinkLan, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Orange County, California, USA in all disputes arising out of or relating to this Agreement or the use of the Service. If this Agreement is with an LinkLan affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such LinkLan affiliate in all disputes arising out of or relating to this Agreement or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.

18. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. A printed version of this Agreement and 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.   LinkLan may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and LinkLan with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LinkLan with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

19. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND LinkLan AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

20. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the LinkLan Web Pages are Copyright © 2005 LinkLan Corporation and/or its suppliers, One Technology Drive, Building G, Irvine, CA 92618, U.S.A. All rights reserved. LinkLan, the LinkLan name and logo (pin affixed to center of a target inside the letter "o"), and/or other LinkLan products and services referenced herein may also be either trademarks or registered trademarks of LinkLan in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

Certain portions of the content on the LinkLan Web Pages may be provided by Acxiom Corporation.   This information is proprietary to Acxiom Corporation and is protected under U.S. copyright law and international treaty provisions.   This information is licensed for your personal or professional use and may not be resold or provided to others.   You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part, to any third party; and you will not make such Acxiom information available, in whole or in part, to any other user in any networked or time-sharing environment, or transfer the information, in whole or in party, to any computer other than the PC used to access this information.

21. COPYRIGHT INFRINGEMENT
LinkLan respects the intellectual property of others, and asks its users, advertisers, licensors and service providers to do the same. As a provider of the Service (which provides paid and web search results and links to the web sites of third parties), LinkLan is not in a position to arbitrate copyright disputes between copyright owners, on the one hand, and advertisers, web site operators or users of the Service, on the other hand. The advertisers, web site operators, and users are responsible for their own content.   Thus, we encourage copyright owners to resolve their disputes directly with the advertisers, web site operators, and/or users.   However, if an advertiser, web site operator, or user of the Service, as the case may be, repeatedly infringes the rights of a copyright owner(s), LinkLan may, in appropriate circumstances and at its discretion, (a) disable and/or terminate the right of such advertiser to display its advertisements on LinkLan Web Pages; (b) exclude such web site from being included in LinkLan's indices and web results; or (c) disable and/or terminate the right of such user to use the Service, as the case may be. If you believe that your work has been copied in a way that constitutes copyright infringement, and you believe it is appropriate to notify LinkLan thereof, please send a notice that complies with Title 17, United States Code, Section 512(c)(3) to LinkLan's Copyright Agent:

Copyright Agent
c/o LinkLan Corporation
13891 Newport Ave
Tustin, CA 92780
Tel: (714) 730-1630
Fax: (253) 981-1005
E-mail: copyright@LinkLan.com

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(C)(3) WILL NOT RECEIVE A RESPONSE.

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