|Bonzi Technology, Inc Terms of Service for
Your Personal Use
Welcome! By using Bonzi Technology, Inc's products or other PAS services ("PAS
Services"), you agree to be bound by the following terms and conditions
(the "Terms of Service").
Personal Use Only
The BONZI Services are made available for your personal, non-commercial use
only. You may not use the BONZI Services to sell a product or service, or to
increase traffic to your Web site for commercial reasons, such as advertising
sales. You may not take the results from a BONZI report or page and reformat and
display them, or mirror any BONZI page on your Web site without written permission
from BONZI. If you want to make commercial use of the BONZI Services, you must enter
into an agreement with BONZI to do so in advance. Please
contact us for more information.
If you are interested in adding a link to a BONZI site from your web site or your
company's web site, we encourage you to do so.
Use of Other's Personal Data
YOU MAY NOT SAVE, HARVEST, PRINT, DOWNLOAD, OR USE ANY PERSONAL INFORMATION
FROM ANY OTHER USER OR ENTITY LISTED IN A BONZI SERVICE EXCEPT FOR ACTIVITY
DIRECTLY RELATED TO THAT BONZI SERVICE. THIS INCLUDES NAMES, ADDRESSES, PHONE NUMBERS,
OR OTHER CONTACT INFORMATION. YOU MAY NOT COPY, TRANSFER, OR OTHERWISE SHARE
ANY CONTACT INFORMATION FOUND THROUGH THE BONZI SERVICES WITH 3RD PARTIES THAT WOULD
NOT OTHERWISE HAVE ACCESS TO THAT INFORMATION. VIOLATORS WILL BE
PROSECUTED TO THE FULL EXTENT OF THE LAW.
Backup of Data
BONZI will take all necessary precautions to protect against failure of our equipment
and software. The Customer acknowledges and agrees that temporary interruptions in
service may occur, and that the Provider shall have no liability for any claim, cost,
charge, loss or expense arising from or relating to temporary loss of access to
the web servers. The Customer acknowledges and agrees that data may be lost or corrupted
in connection with use of the service. The Provider shall perform regular back-ups of all
data stored in the database on behalf of the Customer, but shall have no liability other
than restoring from a previous backup in the event all data is lost or destroyed.
The Customer acknowledges and agrees that in the event restoration of data from backup
is necessary, it may take several hours or days to complete such restoration of
data and resume operation of the service.
Content Linked to by BONZI
The sites linked to by BONZI Services are developed by people over whom
BONZI exercises no control. The links are added by other users of the services
and are displayed by BONZI's automated machinery and computers, and BONZI
cannot and does not screen the sites before displaying them. An individual
user may post links using BONZI Services to sites that some people find objectionable,
inappropriate, or offensive. We cannot guarantee that a posted link will not forward
to unintended or objectionable content and assume no responsibility for the content
of any site included in any user-controlled area or otherwise linked to by the
Content Entered or Uploaded by Users
You represent, warrant and covenant that You will not upload, post, transmit,
distribute or otherwise publish through the Service any materials which: (a)
Restrict or inhibit any other user from using and enjoying the Service; (b) Are
unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic,
profane, or indecent; (c) Constitute or encourage conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate the law;
(d) Violate, plagiarize or infringe the rights of any third party including,
without limitation, copyright, trademark, patent, rights of privacy or
publicity, or any other right of any third party; (e) Contain a virus or other
harmful or potentially harmful component; (f) Contain any unsolicited or
unauthorized advertising, promotional materials, spam, or any other kind of
solicitation; and/or (g) Constitute or contain false or misleading indications
of origin or statements of fact.
Changes In Terms and Conditions and BONZI Service
We may modify or terminate our services from time to time, for any reason,
and without notice, including the right to terminate with or without notice,
without liability to you, any other user or any third party. We reserve the
right to modify these Terms of Service from time to time without notice. Please
review these Terms of Service from time to time so that you will be apprised of
Disclaimer of Warranties
BONZI disclaims any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or availability of
information or material displayed in the BONZI SERVICES results. BONZI
disclaims any responsibility for the deletion, failure to store, misdelivery, or
untimely delivery of any information or material. BONZI disclaims any
responsibility for any harm resulting from downloading or accessing any
information or material on the Internet through the BONZI SERVICES.
THE BONZI SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES
INCLUDED IN THE BONZI SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. BONZI AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BONZI AND ITS LICENSORS
DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF THE BONZI SERVICES. BONZI AND ITS LICENSORS DISCLAIM, ANY
WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE BONZI SERVICES.
BONZI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE BONZI SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED BY THE BONZI SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH ANY LINKS PROVIDED IN THE BONZI SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR
DATA THROUGH THE USE OF THE BONZI SERVICES AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BONZI OR ITS LICENSORS BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE BONZI SERVICES.
ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, (EVEN IF BONZI OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BONZI SERVICES,
FROM INABILITY TO USE THE BONZI SERVICES, OR FROM THE INTERRUPTION, SUSPENSION,
OR TERMINATION OF THE BONZI SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BONZI
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BONZI SERVICES, AS WELL
AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE
BONZI SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BONZI SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE BONZI SERVICES OR ANY INFORMATION OR MERCHANDISE THAT
APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BONZI SERVICES. SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall BONZI or its
licensors be held liable for any delay or failure in performance resulting
directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with
the laws of the State of Oregon, without giving effect to its conflict of
laws provisions or your actual state or country of residence. If for any reason
a court of competent jurisdiction finds any provision or portion of the Terms of
Service to be unenforceable, the remainder of the Terms of Service will continue
in full force and effect.
These Terms of Service constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of the Terms of Service will be
effective only if in writing and signed by BONZI.