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USA.com / Terms of Use

Terms of Use

These Terms of Use define the terms by which you may use the USA.com website ("Website"), and are an agreement between you and World Media Group, LLC ("Company") ("Company" and "Website" are collectively referenced as "we" or "us"). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Use.

We may modify our Terms of Use at any time without notice or in our sole discretion, and any amendments will apply immediately. You should return to this page from time to time in order to ensure that you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of Use. We may at any time modify the Privacy Policy or introduce new policies regarding the use of this Website. Any reference to our Terms of Use includes all such policies.

1. OUR WEBSITE

USA.com is a broad local guide to cities, towns, and neighborhoods in the United States.

2. OPERATION OF WEBSITE

We use commercially reasonable efforts to offer high availability and maintain our Website free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.

If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:

  1. Description of the Incident. The specific sequence of events which generated the incident, and a full description;
  2. Description of Error Message. The exact wording of any error messages, if applicable; and
  3. Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime. We may take the Website offline from time to time when necessary for maintenance.

We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses. We urge you to use reasonable care in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.

We reserve the right to make modifications to the operation of the Website at any time at our sole discretion.

3. PROHIBITED USES OF THE WEBSITE

Our Website and the content contained therein should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:

  1. Impersonating a Third Party. Entering into a relationship with us in which you impersonate or claim to be any third party, or misrepresent your affiliation with another third party;
  2. Initiating Objectionable Communications. Initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
  3. Illegal Use of Website. Using the Website for any illegal purposes, including but not limited to conspiring to violate laws;
  4. Disclosing Confidential Information. Sharing information or initiating communications with information you are under an obligation not to disclose;
  5. Tampering with Website. Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website's infrastructure, servers, data, network, or content or those of any third party via our Website, including but not limited to those of our licensors, and using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari;
  6. Uploading Viruses. Uploading, posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment;
  7. Decompiling or Reverse Engineering the Software. Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website;
  8. Copyright Infringement. Aggregating, copying, duplicating, downloading, or making derivative works of any of the software making up part of the Website, the arrangement of any data available on the Website, or any of the copyrighted content available on the Website, without first entering into a copyright license expressly authorizing such activities; and
  9. Deleting or Obscuring Proprietary Notices. Deleting, obscuring, or in any manner altering any copyright or proprietary notice or link that appears on the Website;
  10. Mining Data. Using any means of automatically searching, downloading, scraping, or mining data from the Website, without first entering into a copyright license expressly authorizing such activities; or
  11. Violating the Rights of Others. Using any content on our Website in any manner to defame, abuse, harass, stalk, threaten, injure, or otherwise violate the legal rights of any third party.

If you become aware of any inappropriate use, please notify us immediately.

4. INTELLECTUAL PROPERTY

We and our licensors shall retain ownership of all right, title, and interest in all copyrightable material on this Website, including but not limited to the design features, the look and feel, the organization and arrangement, the code, the text, the databases, and all content (collectively, the "Intellectual Property"). You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, access, or otherwise use for any purpose any portion of our Website or any content contained therein for any commercial or non-commercial use without the express written consent of us or our licensors as appropriate.

5. INTELLECTUAL PROPERTY INFRINGEMENT COMPLAINTS

If you believe that Content on the Website violates your copyright(s), you may file a Digital Millennium Copyright Act (DMCA) notification by submitting your claim via email to compliance@world.com, via fax to 1-908-275-9105 or via mail to 90 Washington Valley Road # 1128, Bedminster, NJ 07921 with supporting documentation to establish your rights. In order for us to process your claim, you must fully comply with the laws established by the DMCA, which, in summary, include (a) notification to the correct party; (b) delivery of your notification via fax, email, or registered mail; (c) clear identification of the date and your jurisdiction, including your contact information; (d) clear identification of yourself and your website; (e) clear identification of the copyright violator; (f) clearly outline the copyright violations using searches, screenshots, and so forth; (g) demand removal of the offending material; and (h) attest, under penalty of perjury, that you are the owner of the copyright and include your copyright registration information, if registered.

6. ADVERTISERS

We accept paid advertisements on our Website. Some advertisements may contain links to third party websites, which are not owned or maintained by us and over which we have no control ("Third Party Site(s)"). These links are provided for informational purposes only in order to assist you in identifying products and services that may be of interest to you and which you may want to research further. If you click on a link to a Third Party Site, our Privacy Policy and Terms of Use will no longer be applicable. We do not intend that links to Third Party Sites be referrals to or endorsements of the linked entities or any product or service that they offer.

Advertisers may include in their advertisements on our Website endorsements. We require all such advertisers to comply with the Federal Trade Commission's published Guidelines Concerning the Use of Endorsements and Testimonials in Advertising, as well as any other applicable laws and regulations. We will have no obligation to screen advertisements for compliance but we reserve the right to remove any non-compliant advertisement from our Website at any time without prior notice.

Your business dealings with any third party with whom you connect through this Website are solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party linked to our Website. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties. You assume the sole risk of loss and liability in doing business with any third parties linked to this Website. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.

7. FEEDBACK; IDEA SUBMISSIONS

We are pleased to hear from you and welcome your feedback about our Website. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidentiality by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website at our sole discretion without any obligation to you.

In the event that you submit any ideas about the Website, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish, and to incorporate your idea into our Intellectual Property.

8. ELIGIBILITY TO USE WEBSITE

Only adults, who are at least eighteen (18) years of age, are eligible to use our Website, whether for personal use or on behalf of a business. If you are an individual, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

9. EXPORT CONTROLS

This Website contains integration with the Google Earth software, which is subject to United States export controls. By using this Website, you agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, and the trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control.

10. LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES

You agree that neither Company or Website nor any of our licensors will be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).

Our liability to you shall in no event exceed the total aggregate amount of $750.00 for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

11. WARRANTY; DISCLAIMER

You warrant and represent that your use of this Website and any data and content contained therein will comply with all applicable state and federal laws, regulations, and guidelines.

In addition, your use of this Website or any Third Party Site linked to this Website and your reliance on any data or information contained therein shall be at your sole risk. The data and information is provided on an "as is" basis. We can make no guarantees as to the quality, accuracy, completeness, or up-to-date nature of the data All map-related data is provided for your information purposes only. You should exercise reasonable discretion in your use of all content.

We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or that it will meet all of your needs. We can make no warranties regarding the information or contents of any Third Party Sites linked to this Website, or with respect to any decision to enter into a business relationship with such third parties. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free, accurate, and complete data and information.

TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE DATA, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS ON THE WEBSITE CAN OR WILL BE CORRECTED. YOU ASSUME ALL RISK OF LOSS OR DAMAGE TO YOUR COMPUTER EQUIPMENT.

12. RELEASE OF CLAIMS

To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, directors, licensors, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature arising from or in any way related to the Website. If applicable, you waive your rights under California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

13. INDEMNIFICATION

By using this Website, you agree to indemnify, defend, and hold harmless Company and this Website, our officers, directors, licensors, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to your use of this Website or any Third Party Sites, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorney's fees.

14. LIMITATIONS AND TERMINATION

We reserve the right to discontinue this Website and our services at any time in our sole discretion. Company may create limitations of your use of the Website including, but not limited to, the number of times you may access the Website and the amount of information that you may post to the Website. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Website whether a free or paid service and for the disruption or loss of business that may or may not result from the Company terminating the Website or your service(s) on the Website.

15. MISCELLANEOUS

You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties' intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement between you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

16. GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in New Jersey by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators' fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator's award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney's fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys' fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

17. CONTACT US

In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us.

18. EFFECTIVE DATE

These Terms of Use were last modified on the 29th of March, 2011.

 
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