1. Acceptance of This Agreement.
The content including but not limited to text, organization of information, graphics design, compilation and all other matters related to Gotcha Local LLC are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU AND YOUR SUBSCRIBER OR EMPLOYER TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES.
3. Service Marks and Intellectual Property Ownership
“Gotcha Local Marketing”, “GotchaLocalMarketing.com”, “Integratedhelpdesk.com” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on Integratedhelpdesk.com may be trademarks of their respective owners and may only be used with their express write consent.¬¨‚Ä† All rights not expressly granted in this Agreement are reserved to Gotcha Local LLC. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.
4. Limited License and Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license to access and use Integratedhelpdesk.com strictly in accordance with this Agreement and applicable laws. You may be permitted to access and use the directory, blogs, maps and other forms of electronic communications through the Site (“Interactive Areas”). If you participate you are solely responsible for your actions, communications and the consequences of your postings. We do not and are not responsible for screening or monitoring material posted by you or any other person on Integratedhelpdesk.com. We may investigate and determine at our sole discretion to edit, remove or request the removal of any information or material that is abusive, illegal, disruptive or otherwise fails to conform to this Agreement. We have no liability or responsibility to you or any user or entity for the screening activities set forth above.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the site and any information, materials or documents (collectively “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not copy, print, republish, redistribute, sell, lease, loan or in any way make available in any form any portion of Integratedhelpdesk.com or any materials obtained from Integratedhelpdesk.com to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (now existing or hereafter developed), you may not remove, disassemble or reverse engineer any software or code to determine Integratedhelpdesk.com architecture, you are not to use any automatic or manual process to harvest information from Integratedhelpdesk.com for the purpose of gathering information for or transmitting unsolicited commercial email or other means of deceptive addressing or that violates any state or federal law regulating email, facsimile or telephone solicitations.
6. Linking to Integratedhelpdesk.com.
You may provide links to Integratedhelpdesk.com, provided your site does not engage in illegal or pornographic activities.
7. Medical Disclaimers
The Content is for informational and educational purposes and is not intended as a substitute for the professional judgment of a health care professional for the diagnosis and treating patients. We are not health care professionals nor do we give medical advice or provide medical or diagnostic services.
8. Advertisers and Third Party Content.
Integratedhelpdesk.com may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Integratedhelpdesk.com is accurate and complies with applicable state and federal laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser‚Äö or sponsor‚Äö materials. Third party content may appear on Integratedhelpdesk.com or may be accessible via links from Integratedhelpdesk.com. We are not responsible for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on Integratedhelpdesk.com. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our belief.
9. Registration and Nontransferable.
Use of Integratedhelpdesk.com may require you to be a registered user. If registration is requested, you agree to provide us with accurate and complete registration information. Your registration must be with your real name and correct information. Registration is for your personal use only. Your right to use Integratedhelpdesk.com is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
10. Errors, Corrections and Changes.
We do not represent that Integratedhelpdesk.com will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent that the information available on or through Integratedhelpdesk.com will be correct, accurate, timely or reliable. We may make changes to the features, functionality or content of Integratedhelpdesk.com at any time. We reserve the right to edit or delete any documents, information or other content appearing on Integratedhelpdesk.com in our sole discretion.
11. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
12. Indemnification and Exclusion of Damages
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of Integratedhelpdesk.com. UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH Integratedhelpdesk.com ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH ALL FAULTS‚Äö?Ñ??, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH Integratedhelpdesk.com OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
14. Use of Information.
15. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
This Agreement shall be treated as though it were executed and performed in Orange County, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to integratedhelpdesk.com (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with integratedhelpdesk.com is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Any dispute between Customer and Company arising under this Agreement will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association in Orange County, California. The party that loses the arbitration will pay to the prevailing party any fees and costs incurred by the prevailing party, including, but not limited to, reasonable attorney fees. Should any portion of this Agreement be found to be invalid or unlawful, the remainder of the Agreement shall continue to be enforceable.
19. MAXIMUM LIABILITY.
THE MAXIMUM LIABILITY OF PROVIDER, ITS DIRECTORS, OFFICERS, PARENT COMPANY, AND AFFILIATES, TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENTS MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY CLIENT TO CHIROPRACTIC TRAFFIC LLC HEREUNDER.¬¨‚Ä† IN NO EVENT SHALL PROVIDER, ITS DIRECTORS, OFFICERS, AND AFFILIATES BE LIABLE FOR AN LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED UNDER THIS LETTER OF INTENT, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.