Search DSM (Des Moines)

TERMS OF SERVICE

Please read this Agreement carefully before accessing SearchDSM. As a condition to and in consideration of receiving and accessing SearchDSM, the User agrees to be bound by the terms of this Agreement. Use of or access to SearchDSM shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS SearchDSM. If you have any questions about this Agreement, please contact SearchDSM via e-mail at legal@SearchDSM.com.

SearchDSM Terms of Service

THIS AGREEMENT "Agreement" is entered into by and between SearchDSM, a division of Bell Tower Media, LLC (“Searchdsm”) and any individual, corporation, association, agency, company, or other entity who accesses or uses SearchDSM (the "User" or "you"). SearchDSM provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at www.searchdsm.com/termsofservcie. In addition, when using particular SearchDSM owned or operated services, you and SearchDSM shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. SearchDSM may also offer other services that are governed by different Terms of Service.

1. User Rights and Responsibilities

1.1 The Service
SearchDSM provides users with access to a rich collection of resources, including business listings, event listings, movie listings, classified ads, various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SearchDSM properties, shall be subject to the TOS. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for SearchDSM to provide the Service.

1.2 Transactions
SearchDSM does not sell directly and is never a party to any transaction between buyers and sellers. As a result, SearchDSM does not (a) guarantee or ensure any transaction between a buyer and seller, (b) collect or process payment on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any items listed on the Site.

1.3 Communication
You also understand and agree that the Service may include certain communications from SearchDSM, such as service announcements, and administrative messages. These communications are considered part of SearchDSM membership and you will not be able to opt out of receiving them.

1.4 Access
You understand and agree that the Service is provided "AS-IS" and that SearchDSM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

1.5 Interactive Areas

SearchDSM contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of SearchDSM that can be modified by Users, such as posting ads or listings, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas"). SearchDSM includes links to other websites not established or supervised by SearchDSM or any Affiliate. SearchDSM and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites.

1.6 User Conduct
You agree to access and use SearchDSM only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of SearchDSM, including any Interactive Area, (ii) the use of any networks or other services connected to SearchDSM, and (iii) the communications means by which you connect your modem, computer, or other equipment to SearchDSM. By accessing SearchDSM, you agree that you will not: (a) restrict or inhibit any other user from using and enjoying the Interactive Features; (b) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.(c) post or transmit any information, software or other material which contains a virus or other harmful component; (d) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access SearchDSM;(e) disrupt the normal flow of communication in an Interactive Area; (f) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; (g) violate any operating rule, policy or guideline of your Internet access provider or online service.

1.7 Prohibited Activities
The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to SearchDSM Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site's lead forms and/or toll-free numbers to advertise or promote products and services to SearchDSM advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on SearchDSM's hardware and software infrastructure (collectively, "Prohibited Activities").

1.9 Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

2. Intellectual Property Rights

2.1 SearchDSM content
(a) You acknowledge that Content on SearchDSM is generally provided by SearchDSM, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that SearchDSM permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that SearchDSM owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content. (b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "SearchDSM" and its URL address. You acknowledge that SearchDSM, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.

2.2 Trademarks
You acknowledge that the Content includes certain trademarks and service marks owned by SearchDSM, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "SearchDSM" name and logo are trademarks of Bell Tower Media, LLC. Other product and company names herein may be trademarks of their respective owners.

2.3 Software
Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by SearchDSM and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

2.4 Associated Press
Associated Press ("AP") text, photos, graphics, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. AP will not be held liable in any way to any User or to any third party or to any other person who may receive information from the Site or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

2.5 Copyrights and Copyright Agents
t is the policy of SearchDSM to respond to claims of intellectual property infringement. SearchDSM will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this Site:
Bell Tower Media, LLC
Legal Department
Attn: William Bell
2833 High Street
Des Moines, IA 50312
Email: legal@SearchDSM.com

To be effective, the notification must be a written communication that includes the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) 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; (d) 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; (e) 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; and (f) 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.

2.6 Content Provided by User
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through SearchDSM only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on SearchDSM, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to SearchDSM the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit SearchDSM to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.

3. Interactive Areas

3.1 User Materials
By submitting ads, listings, content, photos, data or other materials to the Site, you hereby grant to SearchDSM and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to SearchDSM and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.

3.2 SearchDSM Rights
You acknowledge that SearchDSM may include various interactive areas ("Interactive Areas"), including but not limited to posts, ads, and listings. These Interactive Areas allow feedback to SearchDSM and real-time interaction between users. You further understand that SearchDSM does not control the messages, information, or files delivered to such Interactive Areas and that SearchDSM may offer you and other Users the capability of creating and managing an Interactive Area. Given the nature of the Site and the volume of messages and postings, SearchDSM cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. SearchDSM reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason.

By using the Site, you expressly agree that SearchDSM (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund. Neither SearchDSM, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that SearchDSM cannot, and does not intend to, screen communications in advance. Moreover, because SearchDSM encourages open and candid communication in the Interactive Areas, SearchDSM cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. SearchDSM is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area.

Notwithstanding the above, you agree that SearchDSM has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, SearchDSM may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. SearchDSM reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written SearchDSM policy in effect at that time, (ii) be harmful to the rights of any User, SearchDSM, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.

3.3 Unsolicited Materials
SearchDSM does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the directoires, forums, chat rooms and bulletin boards on the Site. SearchDSM and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.

3.4 Linking
If you operate a website and wish to link to the Site, you may link to any pages of the Site unless notified by SearchDSM to terminate the Link. SearchDSM reserves the right to reject or terminate any links to the Content or the Site. You understand that except for Content, products or services expressly available at SearchDSM, neither SearchDSM, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from SearchDSM. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of SearchDSM or controlled by SearchDSM. SearchDSM neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from SearchDSM, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither SearchDSM, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from SearchDSM or your inability to access the Internet or any site linked to or from SearchDSM.

3.5 Interactive Forums
This Site may offer message boards, bulletin boards, chat rooms or other forums (collectively, "Forums") to give Users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. SearchDSM and its Affiliates do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. By posting a message in the Forum, you agree to abide by these Terms of Service. You may not use the Site's Forums to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Material of any kind on the Site without the express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability.

4. Termination

4.1 Termination of Service
You understand and agree that in SearchDSM's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and SearchDSM may exercise any other remedy available and remove any Materials, if SearchDSM believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of SearchDSM, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to SearchDSM for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that SearchDSM post a bond.

SearchDSM is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in SearchDSM's sole discretion, you have violated these Terms of Service. SearchDSM may discontinue operating SearchDSM and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access SearchDSM, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from SearchDSM, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

5. Disclaimers of Warranties; Limitations of Liability

5.1 Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. SEARCHDSM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND SEARCHDSM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION IN THE BUSINESS/SHOPPING, FREE CLASSIFIEDS, RESTAURANTS, BARS/CLUBS/COFFEE SHOPS, EVENTS/MUSIC/NIGHTLIFE, AND MOVIE TIMES/THEATRE INFO DIRECTORIES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. SEARCHDSM AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY ITEM FOR SALE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE ITEM, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN ITEM OR BUSINESS ADVERTISED ON THE SITE. SEARCHDSM CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SEARCHDSM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL ITEMS ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING AN AD OR LISTING MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE. SEARCHDSM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR CLASSIFIED ITEMS, OBTAIN AN ACCEPTABLE PRICE FOR YOUR CLASSIFIED ITEMS, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR ITEM FOR SALE OR BUSINESS LISTING. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Please use your best judgment in evaluating all information contained or opinions expressed on SearchDSM. It is the policy of SearchDSM not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF SEARCHDSM IS AT YOUR SOLE RISK. NEITHER SEARCHDSM NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT SEARCHDSM OR ANY INTERNET SITE LINKED TO OR FROM SEARCHDSM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SEARCHDSM OR ANY INTERNET SITE LINKED TO OR FROM SEARCHDSM OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH SEARCHDSM OR ANY SITE LINKED TO OR FROM SEARCHDSM. SEARCHDSM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.2 Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SEARCHDSM, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, SEARCHDSM, OR ANY INTERNET SITE LINKED TO OR FROM SEARCHDSM, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.

UNDER NO CIRCUMSTANCES SHALL SEARCHDSM, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN SEARCHDSM OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM SEARCHDSM. THE CONTENT WITHIN SEARCHDSM AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM SEARCHDSM MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF SEARCHDSM AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. SEARCHDSM AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SEARCHDSM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY SEARCHDSM SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF SEARCHDSM, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SEARCHDSM.

6. Indemnity

6.1 Representations/Indemnity
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any home, auto, business, and all other advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold SearchDSM, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

7. General Information

7.1 Notification of Changes to the TOS
These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. SearchDSM may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability.

7.2 Procedure of Making Claims
These Terms of Service will be governed by and construed in accordance with the laws of the State of Iowa without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Polk County, Iowa, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Polk County, Iowa, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by SearchDSM to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties

Last updated on 1/31/06