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Friday, 24 August 2007 |
AllGuate.com is a computer online service that provides services to users who publish content ("Content") using XML syndication and HTML web pages (collectively, the "Service"). The Service is accessible to you through a personal computer, or other access device, at www.AllGuate.com using a communications connection (e.g., modem and telephone line) using the software made available to you through AllGuate.com. BY USING ALL OR ANY PORTION OF THE SERVICE OR CLICKING THE "Register� BUTTON ON THE �Register for a AllGuate.com Account� BUTTON OR EQUIVALENT ACTION FROM A PARTNER SITE (e.g. FEEDBURNER), YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THIS SERVICE. UPON NOTICE PUBLISHED THROUGH THE SERVICE OR OTHERWISE, AllGuate.com MAY UNILATERALLY MODIFY THESE TERMS OF SERVICE AT ANY TIME. YOUR CONTINUED USE OF THE SERVICE FOLLOWING SUCH MODIFICATION SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH MODIFICATION. Links and Frames. The Service may provide, or third parties may provide, links to other World Wide Web sites or Internet resources. Your use of other sites or resources are governed by terms on or related to such sites or resources. Use of such sites or resources is at your own risk. Because AllGuate.com has no control over such sites and resources, you acknowledge and agree that AllGuate.com 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 AllGuate.com 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. Trademarks and Copyrights. Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of AllGuate.com or other entities. You are not authorized to use any such marks. Ownership of such trademarks and other intellectual property remains with AllGuate.com or those other entities. AllGuate.com Software and Content. Your use of the AllGuate.com Service, Software and Content is owned by AllGuate.com, its licensors or providers. You may use the AllGuate.com Software and Content solely in conjunction with the Service consistent with these terms of service. You may not modify, resell, redistribute, reverse engineer or otherwise manipulate the AllGuate.com Software, Service or the Content. Except as expressly provided for in this Section, no other rights, title or interest in the AllGuate.com Software, Service or Content is provided hereunder. To the extent you contribute content, you represent and warrant that you own or have rights to provide such Content for use with the Service. Modifications To Service. AllGuate.com 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 AllGuate.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Termination. You agree that AllGuate.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for lack of use or if AllGuate.com believes that you have violated or acted inconsistently with the letter or spirit of these terms of service. AllGuate.com may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms of service may be effected without prior notice, and acknowledge and agree that AllGuate.com 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 Service. Further, you agree that AllGuate.com shall not be liable to you or any third-party for any termination of your access to the Service. Payment and Refunds. AllGuate.com may make available features and upgrades to the Service that may require payment for you to use. Billing occurs after any applicable trial or evaluation period as laid out in the Service's policies and at the time the payment form is completed. You agree that any such payments only make these features available to you; AllGuate.com will not refund any fees if you choose not to use these features. You may cancel the Service at any time. You agree that payments already made for the Service will only be refunded in the event of fraud or billing errors. Otherwise, you acknowledge that any other refunds for payments already made shall be at AllGuate.com�s sole discretion. There are no pro rata refunds if you cancel a premium Service. Content Rights You represent that you have rights to the Content you make available using the Service, including commercial rights to the Content. Any violation of copyright, whether implied or by Creative Commons, at the sole discretion of AllGuate.com, will result in termination of participation of the Service. Advertising You agree that AllGuate.com may insert advertising into messages we send or content we serve on your behalf, depending on our current advertising policies and the AllGuate.com service(s) you are using. Current criteria for inclusion or exclusion from advertising will be updated below. Any advertising revenues generated belong to AllGuate.com, unless you are participating in a AllGuate.com service that expressly allows for revenue sharing. AllGuate.com's advertisements are in addition to any advertisements you place in your own Content, either in the source Content or using AllGuate.com's third party advertising facilities. AllGuate.com will place its own advertisements according to the following criteria: Advertisers advertising in the "Guatemala Business Directory" service
Advertisers, whether using free or paid services, are responsible for keeping information about their business current and accurate. Advertisements found to be inaccurate or misleading may be unpublished immediately by AllGuate.com.
Disclaimer of Warranty; Limitation of Liability. 1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, CONTENT AND AllGuate.com SOFTWARE IS AT YOUR OWN RISK. NEITHER AllGuate.com, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICE, CONTENT OR AllGuate.com SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, CONTENT OR AllGuate.com SOFTWARE INCLUDING THEIR ACCURACY, RELIABILITY, QUALITY, ADEQUACY, TIMELINESS OR AUTHENTICITY. NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, QUALITY, ADEQUACY TIMELINESS OR AUTHENTICITY OF ANY CONTENT, INFORMATION, SERVICE, PRODUCTS, MERCHANDISE OR OTHER MATERIAL PURCHASED PROVIDED BY OR THROUGH THE SERVICE. 2. THE SERVICE, AllGuate.com SOFTWARE AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION REGARDLESS OF WHETHER AllGuate.com HAD NOTICE OF THE CAUSE OR SUCH CAUSE WAS FORESEEABLE. 4. IN NO EVENT WILL AllGuate.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE, CONTENT OR THE AllGuate.com SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFIT OR REVENUE OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, CONTENT OR AllGuate.com SOFTWARE. 5. THESE DISCLAIMERS AND LIMITATIONS SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THESE TERMS OF SERVICE. 6. 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. Special Warning Regarding Financial Matters. Prior to the execution of a stock trade, you are advised to consult with your broker or other financial representative to verify pricing or other information. AllGuate.com, its affiliates, information providers, or content partners shall have no liability for trading or investment decisions based upon the Content or information provided. Neither AllGuate.com nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of this Content or information. Additionally, there are no warranties as to the results obtained from the use of the information. If you have any questions regarding these terms of service or if you wish to request any information from AllGuate.com, please contact AllGuate.com at the following address: AllGuate.com
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Last Updated ( Monday, 27 August 2007 )
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