We're delighted that you have decided to use Collarity's search engine or other Collarity services. We hope you take the time to read information below.
By using Collarity's web site, you are agreeing to the following terms and conditions ("Terms of Service"). The web pages available at www.collarity.com , or www.collarity.net and all linked pages ("Site"), are owned and operated by Collarity, Inc. ("Collarity"), a Delaware corporation.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. COLLARITY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COLLARITY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Collarity provides unique search, discovery and relevancy related
services (collectively the "Collarity Service"). These Terms of Service
apply to the Collarity Service as well as any new products or services
that we may add in the future (unless stated otherwise).
In order to use the Service, even in any closed or open beta
stages, including new services or functionality that may be made
available by Collarity from time to time, users must abide by these
Terms of Service. If a user fails to follow these rules, Collarity can
discontinue their ability to use the Service. In addition, we have the
right to delete and personalized information without notice if we see
evidence of abuse or other inappropriate activity.
If we require registration, and if you elect to register to use any of the Collarity Service you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the Collarity Service's registration form (such information being the "Registration Data") and
Maintain and promptly update the Registration Data to keep it accurate.
Represent and warrant that you are 13 years of age or older, and that you agree to be bound by our terms of service.
If you provide any information that is untrue, inaccurate, or incomplete, or Collarity has reasonable grounds to suspect that such is the case, Collarity has the right to suspend or terminate your account and refuse any and all current or future use of the Collarity Service (or any portion thereof).
By using Collarity services, you are generating valuable knowledge to improve your search results and anonymously aiding to improve the results of others in the process. By generating this content, you are granting permission to us to access and use it in connection with the Services, the Site and otherwise in connection with our business.
Furthermore, Collarity may share aggregate (not personally identifiable) Information with its business partners or other third parties. Collarity will not, however, knowingly disclose personally identifiable Information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate to address an unlawful or harmful activity.
In addition, you may provide certain comments, suggestions, data, or other information to Collarity (collectively "Information"). Collarity shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with Collarity as needed to obtain such protection as Collarity may desire and you agree to assign your rights to such Information to Collarity.
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Collarity or post to the Site is done so at your own risk.
Collarity's current privacy policy is available at www.collarity.com/privacy-policy.html (the "Privacy Policy"), which is incorporated by this reference.
Collarity Services are made available for your personal, non-commercial use only. You may not use Collarity 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 Collarity search and reformat and display them, or mirror the Collarity home page or results pages on your Web site.
You may not send automated queries of any sort to Collarity Service without express permission in advance from Collarity. Automated queries include, among other things:
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Collarity has no control over such sites and resources, you acknowledge and agree that Collarity is not responsible for the availability of such 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 sites or resources. You further acknowledge and agree that Collarity 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 site or resource.
We control and operate the Site from our offices in the United
States of America. We do not represent that materials on the Site are
appropriate or available for use in other locations. Persons who
choose to access the Site from other locations do so on their own
initiative, and are responsible for compliance with local laws, if and
to the extent local laws are applicable.
You
agree to comply with all local rules regarding online conduct and
acceptable content. Without limiting the generality of the foregoing,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in
which you reside.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COLLARITY, INC. ITS AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY COLLARITY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Collarity uses diligent efforts to maintain the Collarity Service, but Collarity is not responsible for any defects or failures associated with the Collarity Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Collarity makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Collarity Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Collarity Service may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE COLLARITY SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. COLLARITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, COLLARITY MAKES NO WARRANTY THAT THE COLLARITY SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE COLLARITY SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE COLLARITY SERVICE WILL MEET YOUR EXPECTATIONS.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM COLLARITY PERSONNEL OR THROUGH THE COLLARITY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
The Collarity Service may allow you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The Collarity Service, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by Collarity to be used for trading or investing purposes. Collarity shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the Collarity Service, and shall not be liable for any trading or investment decisions made based on such information.
The Collarity Service may provide shopping services to help you
locate and potentially purchase products from online and offline
retailers. Collarity does not, however, control these independent
retailers and Collarity does not provide any assurance, warranty or
guarantee of any kind that you will be satisfied with their products or
services.
When shopping by means of services provided by
Collarity you acknowledge and agree that: Collarity does not endorse
any of the products or services ("Merchandise") linked to from or
through the Collarity Service, nor has Collarity taken any steps to
confirm the accuracy or reliability of any of the information provided
by third parties through Collarity or their own web sites. Collarity
expressly disclaims any and all representations or warranties as to the
security of any information (including, without limitation, credit card
and other personal information) you might be requested to give any
third party.
We advise you to exercise your own judgment and investigate, as you
deem necessary before proceeding with any online or offline transaction
with any of these third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COLLARITY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COLLARITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE COLLARITY SERVICE AND/OR PARTICIPATE IN ANY OFFERS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE COLLARITY SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COLLARITY SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE COLLARITY SERVICE. IN NO EVENT SHALL COLLARITY S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that Collarity, in its sole discretion, may terminate your usage rights, password, or account (or any part thereof) of the Collarity Service, and remove and discard any Content within the Collarity Service, for any reason, including, without limitation, for lack of use or if Collarity believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Collarity may also in its sole discretion and at any time discontinue providing the Collarity Service, or any part thereof, with or without notice. You agree that any termination of your access to the Collarity Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Collarity may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Collarity Service. Further, you agree that Collarity shall not be liable to you or any third-party for any termination of your access to the Collarity Service.
The Collarity name and logo are the exclusively property of Collarity, Inc. All other trademarks appearing on the Collarity Service are trademarks of their respective owners.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Collarity's failure to act with respect to a breach by you or others does not waive Collarity's right to act with respect to subsequent or similar breaches. The failure of Collarity to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of California as if made in California by two residents of that state. This Agreement constitutes the entire agreement between Collarity and you with respect to the subject matter hereof.