Terms of Service
iTools currently provides users with access to a rich collection of on-line resources at
http://itools.com/ (the "Service").
We provide this service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of the TOS at:
http://itools.com/info/terms/.
iTools's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Except as expressly authorized by iTools, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in part.
iTools grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software
on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any means other than through the interface that is provided by
iTools for use in accessing the Service.
Email
to obtain permission for any use not granted above, we're likely to
grant it if your request is reasonable!
Trademark Information
iTools, the iTools logo, Find-It! and Research-It! trademarks and service marks, and other iTools logos and product and
service names are trademarks of iTools.
Indemnity
You agree to indemnify and hold iTools, and its subsidiaries, affiliates, officers, agents or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your
violation of any rights of another.
No Duplication of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
Modifications to Service
iTools reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that iTools shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
Termination of Access
You agree that iTools, in its sole discretion, may terminate your use of the Service, for any reason, including,
without limitation, if iTools believes that you have violated or acted inconsistently with the letter or spirit of the
TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected
without prior notice. Further, you agree that iTools shall not be liable to you or any third-party for any termination
of your access to the Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ITOOLS 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. |
| b. |
ITOOLS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ITOOLS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITOOLS 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 ITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
General Information
The TOS constitute the entire agreement between you and iTools and govern your use of the Service, superceding any prior
agreements between you and iTools. The TOS and the relationship between you and iTools shall be governed by the laws of
the State of California without regard to its conflict of law provisions. You and iTools agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of iTools to
exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
