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Terms of Use
This website (AvPeace.com), and the USA LOCATOR Network of websites (the USA LOCATOR
Network), is owned and operated by AvPeace, Inc. (AvPeace), a Pennsylvania corporation,
offering advertising availability on the Internet. The Locator Network consist of
web pages at the URLs www.avpeace.com,
www.usalocator.com, www.dclocator.com, and pages linked thereto which display
the Powered by AvPeace, Inc. logo at the footer, and which include a footer link
to the privacy policy (the "Privacy Policy"), or to this Terms of Use (the "Terms
of Use").
Your use of the USA LOCATOR Network websites constitutes your acceptance and agreement
with these Terms of Use, which may change from time to time. You are only authorized
to access this website or any of the USA LOCATOR Network websites or to use the
Materials contained in this website or any of the USA LOCATOR Network websites
(regardless of whether your access or use is intended) if you agree to abide by
all applicable laws, and to these Terms of Use which constitute an Agreement between
you and AvPeace. Please read these Terms of Use carefully and save them. If you
do not agree with them, you should leave this website or any of the USA LOCATOR
Network websites immediately. AvPeace reserves the right to modify or amend this
Agreement without notice at any time. It is therefore important that you read this
page regularly to ensure you are updated as to any changes. Any questions or comments
regarding, or problems with, this website or the USA LOCATOR Network websites
should be sent to our Designated Agent as listed below.
The USA LOCATOR Network websites contains material which is derived in whole or
in part from material supplied by AvPeace, Inc. and other sources. The USA LOCATOR
Network websites contains information, text, designs, graphics, photographs, images,
sound, video clips, animation, effects and other materials that are protected by
International copyright and trademark laws or other intellectual or proprietary
rights owned by AvPeace, Inc. or other third parties. All trademarks and copyrights
information contained on these websites are the property of their respective owners.
The information, content or advertisements (collectively, the "Materials") on the
USA LOCATOR Network websites are provided for your review for individual or internal
business purposes. Any other use of the USALocator.Com website or the USA LOCATOR
Network websites or the Materials is strictly prohibited, including without limitation,
modification, republication, deletion, transmission, public performance, distribution,
proxy caching, uploading, posting, reproduction, redistribution or any other dissemination
without the express written permission of AvPeace or the applicable rights holder.
The Materials on the USALocator.Com website or the USA LOCATOR Network websites
may not be used by third parties for telemarketing, commercial mass e-mail, direct
marketing, e-mail spammers, or by agents, or representatives. You may not modify,
copy, reproduce, republish, upload, post, transmit, or distribute in any way any
material from this site including code and software. You may download material from
this site for your personal, non-commercial use only, provided you keep intact all
copyright and other proprietary notices. Any permitted use of the USALocator.Com
website or the USA LOCATOR Network websites does not extend to using the websites
or Materials for any illegal purpose, or to transmit to or through the USALocator.Com
website or the USA LOCATOR Network websites or to or through any Service any illegal,
harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable
material of any kind, or to interfere with, abuse or otherwise violate the legal
rights of any third party using the USALocator.Com website or the USA LOCATOR Network
websites or Materials.
Disclaimers and Limitation of Liability
AvPeace makes every effort to ensure the information presented in, on or through
this website or the USA LOCATOR Network websites is accurate, however, because
AvPeace communicates information provided and created by advertisers, software developers,
publishers, marketing agents, resellers and other third parties, AvPeace has no
control over the accuracy of such information, and makes no guarantee as to such
information, and is not responsible for the information, including its accuracy,
legal tender, content, quality, copyright compliance or legality, or any resulting
loss or damage. AvPeace makes no representations concerning any attempt to review
the content of sites listed in any of the Materials and does not investigate, represent
or endorse the accuracy, legality, legitimacy, validity or reliability of any deals,
coupons or other promotions ("Promotions") or Materials contained on, distributed
through, or linked, accessed or downloaded from any of the services contained on
this website or the USA LOCATOR Network websites (the "Service"), nor the quality
of any product or service, information or other materials displayed, purchased,
or obtained by you as a result of an advertisement or any other information or offer
in or in connection with the Service (the "Products"). Nor does AvPeace assume the
responsibility of enforcing licensing requirements with respect to licensed professions
or trades prior to publishing Materials. All of the data on Products and Promotions
including but not limited to, the prices and the availability of any product or
service or any feature thereof, is subject to change without notice by the party
providing the Product or Promotion. AvPeace encourages you to exercise discretion
while browsing the Internet using the AvPeace services and to read the fine print
associated with any Promotions found on this website or the USA LOCATOR Network
websites and throughout the Internet. AvPeace reserves the right, in its sole discretion
and without any obligation, to make improvements to, or correct any error or omissions
in, any portion of the Service or the Materials. AvPeace also does not make any
representations regarding the availability and performance of its websites. You
hereby acknowledge that any use of this website or any of the USA LOCATOR Network
websites, reliance upon any Materials and any use of the Internet generally shall
be at your sole risk and that AvPeace shall not be liable for any loss of data,
lost profits or any other damages or losses resulting from such use. AvPeace intends
to update information listed on this website or the USA LOCATOR Network websites
where appropriate, but shall not be liable for any inaccuracies.
THE SERVICE AND THE MATERIALS ARE PROVIDED BY AVPEACE ON AN "AS IS" BASIS AND AS
AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. AVPEACE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT
SHALL AVPEACE BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY,
OR ANY CLAIMS OF THIRD PARTIES WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS,
THE PROMOTIONS AND THE PRODUCTS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM
IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE,
OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE,
WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR UNAUTHORIZED
ACCESS TO AVPEACE RECORDS. AVPEACE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES
WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow
the exclusion or limitation of liability of consequential or incidental damages,
so the above exclusions may not apply to all users; in such states liability is
limited to the fullest extent permitted by law.
Indemnity
You agree to defend, indemnify and hold harmless AvPeace, its affiliates together
with their respective employees, agents, directors, officers and shareholders, from
and against all the liabilities, claims, damages and expenses (including reasonable
attorney's fees and costs) arising out of your use of this website or the USA LOCATOR
Network websites; your failure to use this website or the USA LOCATOR Network
websites; your breach or alleged breach of this Agreement or your breach or alleged
breach of the copyright, trademark, proprietary or other rights of third parties.
Termination
AvPeace reserves the right to immediately terminate your use of, or access to, this
website or any of the USA LOCATOR Network websites at any time if AvPeace decides
at its sole discretion that you have breached this Agreement or any relevant law,
rule or regulation or you have engaged in conduct that AvPeace considers to be inappropriate
or unacceptable.
Copyright Infringement
If you believe that any material contained in this website or any of the USA LOCATOR
Network websites infringes your copyright, you should notify AvPeace of your copyright
infringement claim in accordance with the following procedure. AvPeace will process
notices of alleged infringement which it receives and will take appropriate action
as required by the Digital Millennium Copyright Act ("DMCA") and
other applicable intellectual property laws. The DMCA requires that notifications
of claimed copyright infringement should be sent to our Designated Agent as listed
below. To be effective, the notification must be in writing and contain the following
information (DMCA, 17 U.S.C. 512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit the service provider
to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Designated AvPeace Agent:
AvPeace, Inc.
Attn: USA LOCATOR NetworkTM
629 South 27th Street
Philadelphia, PA 19146
E-mail: web@avpeace.com
Other
This Agreement operates to the fullest extent permissible by law. If any provision
of this Agreement is unlawful, void or unenforceable, that provision is deemed severable
from this Agreement and does not affect the validity and enforceability of any remaining
provisions.
Governing Law
You agree that this Agreement will be governed by, and construed in accordance with,
the laws of the State of Pennsylvania without giving effect to principles of conflict
of laws. You agree to submit to the exclusive jurisdiction of the courts of the
State of Pennsylvania and further agree that any cause of action arising under this
Agreement shall be brought in a court in the City and County of Philadelphia, Pennsylvania
for resolution of any dispute, action or proceeding arising in connection with this
Agreement or your use or non-use of the Site, and you further irrevocably waive
any right you may have to trial by jury in any such dispute, action or proceeding.