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TERMS AND CONDITIONS OF USE
411 Web Directory, Inc., through its property, MyCity Networks ("MyCity") offers its content contained in this Web Site ("MyCity Content") to you, conditioned upon your acceptance without your modification of the terms and conditions ("Terms") set forth herein. MyCity reserves the right to change or modify the Terms, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions to the Terms shall be effective immediately upon our posting on the page containing the MyCity Content. You can review the most current version of the Terms at any time by clicking on "Terms of Use" at the bottom of such page. Your use of the MyCity Content constitutes your agreement to the Terms. USE OF MYCITY CONTENT You may use the MyCity Content only for your personal and noncommercial use, only over the Internet, and only with one central processing unit at any one time. You may not modify, copy, distribute, transmit, publish, license, create derivative works from, transfer, or sell any MyCity Content, or use MyCity Content to provide products and/or services to others without the express written consent of MyCity. In the event of any permitted copying, redistribution or publication of MyCity Content, you may not make any changes in or deletion of trademarks, copyright notices or other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading the MyCity Content. Any rights not expressly granted herein are reserved. MODIFICATIONS TO THE MYCITY CONTENT MyCity shall have the right at any time to change or discontinue any aspect or feature of the MyCity Content without notice, including, but not limited to, content, features, hours of availability, data format, and equipment needed for access or use. You agree that MyCity shall not be liable to you or to any third party for any such changes. COPYRIGHT NOTICES All MyCity Content is copyright �2002 MyCity Corporation and/or its suppliers and licensors. All rights reserved. TRADEMARKS MyCity is a registered trademark of MyCity Corporation. Third party trademarks referenced herein are trademarks or registered trademarks of their respective owners. LINKS The MyCity Content may contain links to other Web Sites over which MyCity has no control. MyCity does not endorse and is not responsible or liable for any content on, availability of, or services provided by such Web Sites. DISCLAIMERS AND LIMITATION OF LIABILITY THE MyCity CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MyCity EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MyCity MAKES NO REPRESENTATION OR WARRANTY THAT THE MyCity CONTENT: (I) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE MyCity CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (IV) ANY ERRORS WILL BE CORRECTED. ANY MyCity CONTENT YOU DOWNLOAD IS AT YOUR OWN RISK. YOU AGREE THAT MyCity SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT, LOSS OF DATA OR OTHER DAMAGE THAT OCCURS DUE TO SUCH DOWNLOADS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MyCity AND/OR ITS SUPPLIERS AND LICENSORS 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 MyCity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO USE, INABILITY TO USE OR DELAY IN USE OF THE MyCity CONTENT UNDER ANY CAUSE OF ACTION WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GENERAL TERMS This Agreement constitutes the entire agreement between you and MyCity regarding use of the MyCity Content, and supersedes all previous written or oral agreements with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect. U.S. GOVERNMENT RESTRICTED RIGHTS The MyCity Content is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. If you experience problems with the WWW server, please contact webmaster@hq.mycity.com. Thank you. |