Legal Restrictions and Terms of Use Applicable to VizSeek

Use of VizSeek signifies your agreement to these Terms of Use. Please read these terms and conditions carefully before using VizSeek. The terms identified here do not include VizSeek Search Marketing campaign.

These Terms of Use constitute a legal agreement between you and Imaginestics, LLC. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use this website. If you do not accept these Terms of Use in their entirety, you may not access or use this website.

Your use of VizSeek is subject to your adherence to, and acceptance of, the terms and conditions outlined below and the associated policies found in our privacy policy and copyright/disclaimer information. See the links below.

USER CONDUCT

VizSeek provides its visual search service solely to enable our users with legitimate requests for product and service information to connect with companies in VizSeek. You alone are responsible for the contents of your message. You agree that you will not use our e-mail service for chain letters, junk mail, "spamming" or commercial solicitations or to send any message or material that (a) is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal; (b) contains viruses or other features that might contaminate or destroy this website; (c) violates the copyright, patent, trade secret or any other rights of another party; or (d) otherwise gives rise to liability or violates any other applicable law. You also agree that you may not take the results from VizSeek search and reformat and display them, or mirror VizSeek home page or results page on your Web site. You may not “meta-search” VizSeek. If we become aware of or determine, in our sole discretion, that you are violating any of these Terms of Use, we may modify or terminate your privileges, with or without notice to you. If you want to make commercial use of VizSeek, you must enter into an agreement with Imaginestics to do so in advance. Please contact us for more information.

CONTENTS LINKED TO BY VIZSEEK

The sites displayed as search results or linked to by VizSeek are developed by people over whom Imaginestics exercises no control. The search results that appear from VizSeek's indices are indexed by VizSeek's automated machinery and computers, and VizSeek cannot and does not screen all the sites before including them in the indices from which such automated search results are gathered. We cannot guarantee that a VizSeek search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the VizSeek.
Links to other websites do not imply an endorsement of the materials disseminated by suppliers at those websites, nor does the existence of a link to another website imply that the organization or person publishing at that website endorses any of the materials at this website. Imaginestics, LLC is not responsible for the materials contained at any website linked to this website. In addition, you may be bound by the terms of use and privacy provisions of other websites.

NO AUTOMATED QUERYING

You may not send automated queries of any sort to VizSeek without express permission in advance from Imaginestics. Note that "sending automated queries" includes, among other things:
      • using any software which sends queries to VizSeek to determine how a website or webpage "ranks" on for various queries;
      • "meta-searching" VizSeek; and
      • performing "offline" searches on VizSeek.

TERMINATION

These Terms of Use are effective until terminated by either you or Imaginestics, LLC. You may terminate these Terms of Use at any time by destroying all materials obtained from this website and all related documentation and all copies and installments thereof whether made under the terms of these Terms of Use or otherwise. This Agreement will terminate immediately without notice from IMAGINESTICS, LLC, if in IMAGINESTICS, LLC's sole discretion, you (a) fail to comply with any term or provision of these Terms of Use; or (b) are a repeat infringer of any third party's rights; or (c) engage in conduct that is illegal, tortious or that interferes with the technological operation of this website. Upon termination, you must destroy all materials obtained from this website and all copies thereof, whether made under the terms of these Terms of Use or otherwise. IMAGINESTICS, LLC may change, suspend or discontinue all or any aspect of this website at any time, without prior notice or liability to you, any other user or any third party.

DISCLAIMER

IMAGINESTICS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND " AS AVAILABLE." IMAGINESTICS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES SOLD THROUGH OR RECOMMENDED BY THIS WEBSITE. IMAGINESTICS, LLC DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT IMAGINESTICS, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IMAGINESTICS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IMAGINESTICS, LLC, ITS LICENSORS OR PARTNERS OR COMPANIES THAT HAVE A PRESENCE ON THIS WEBSITE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND INFORMATION PROVIDERS (COLLECTIVELY, "IMAGINESTICS PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF A IMAGINESTICS PARTY OR A IMAGINESTICS PARTY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL IMAGINESTICS PARTY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

COPYRIGHT/DISCLAIMER

Copyright © 2007 Imaginestics, LLC. All rights reserved. No materials contained on this web site may be published, broadcast, or otherwise distributed without the prior written permission of Imaginestics, LLC. Any reproduction permitted under the Terms of Use Agreement must contain notice of Imaginestics, LLC's copyright as follows: "Copyright © 2007 Imaginestics, LLC. All rights reserved."

VizSeek, 3DSeek, VizAdvise, VizCompare, VizConfig, VizAds and Imaginestics, and/or any other names of products or services provided by Imaginestics, LLC referenced herein or on this website are either trademarks or registered trademarks of Imaginestics, LLC. The names of other companies, products and services referenced herein may be the trademarks of their respective owners.

The text, compilation of data, visual images and product categorizations contained on VizSeek or any other web site owned, operated, licensed, or controlled by Imaginestics, LLC, as well as the design and layout of such web sites, contain elements protected by trade dress, copyright, and/or other laws, and may not be copied or imitated in whole or in part. No text, logo, graphic, sound or image from any Imaginestics, LLC web site may be copied or retransmitted unless expressly permitted by Imaginestics, LLC.

While Imaginestics, LLC has made every effort to maintain accurate information on this web site; the information contained herein may contain errors or omissions. Imaginestics, LLC makes no warranties or representations of any kind about accuracy or suitability of the information contained on this web site for any purpose. All such information is provided "as is," and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, and/or non-infringement.

REQUEST FOR REMOVAL OF LINKS OR CACHED MATERIALS

Imaginestics occasionally receives requests from people to remove links from its VizSeek indices. Although Imaginestics reserves the right to address such requests individually, the general approach that Imaginestics takes reflects the following principles:

VizSeek's indices consist of information that has been identified, indexed and compiled through both Suppliers uploading their information in their respective Supplier Center and an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Imaginestics cannot and does not screen anything made available through its indices. For each web site reflected in VizSeek's indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, Imaginestics would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.

VizSeek stores many web pages in its cache to retrieve for users as a back-up in case the page's server temporarily fails. Site owners may block VizSeek from returning cached versions of their pages by using the NOARCHIVE meta-tag. Site owners may also request immediate removal of cached page from the VizSeek Search Service. Imaginestics evaluates such requests for the immediate removal of cached content on a case-by-case basis and does not guarantee that every request will be granted. The steps necessary to remove cached pages, and to prevent a site from being cached and/or included in the indices, please contact us.

INDEMNITY

You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless IMAGINESTICS PARTIES from and against any claims, liability, losses, costs and expenses (including but not limited to reasonable attorneys' fees) incurred by any IMAGINESTICS PARTY in connection with any use or alleged use of this website under your password by any person, whether or not authorized by you, or any other violation of these Terms of Use by you. IMAGINESTICS, LLC reserves the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with IMAGINESTICS, LLC's defense of such claim.

JURISDICTIONAL ISSUES

This website is controlled and operated by IMAGINESTICS, LLC from its offices in Indiana, United States of America. IMAGINESTICS, LLC makes no representation that materials on this website are appropriate or available for use in other locations. Those who choose to access this website 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. Software from this website is further subject to United States export controls. No software from this website may be downloaded or otherwise exported or re-exported (i) into Syria, North Korea, Iran, Iraq, Libya, Cuba or any other country to which the United States has embargoed goods; (ii) to a national or resident of same; or (iii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

MISCELLANEOUS

These Terms of Use constitutes the entire agreement between the parties relating to the subject matter herein. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana, United States of America without giving effect to any principles of conflicts of law. You and IMAGINESTICS, LLC consent to bring any action to enforce these Terms of Use in the federal or state courts located in Lafayette, Indiana, United States of America. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.