UNDEAL.CA Terms
of Service for Your Personal Use
Welcome! By using UNDEAL.CA’s search engine or other UNDEAL.CA services ("UNDEAL.CA Services"), you agree to
be bound by the following terms and conditions (the "Terms of Service").
As used in this agreement, "UNDEAL.CA
Services" does not include the Publicity or Affiliated programs.
Content Linked to by UNDEAL.CA
The sites displayed as search
results or linked to by UNDEAL.CA
Services are developed by people over whom UNDEAL.CA
exercises no control. The search results that appear from UNDEAL.CA’s indices are indexed by UNDEAL.CA’s automated machinery and computers, and UNDEAL.CA cannot and does not screen
the sites before including them in the indices from which such automated search
results are gathered. A search using UNDEAL.CA
Services may produce search results and links to sites that some people find
objectionable, inappropriate, or offensive. We cannot guarantee that a UNDEAL.CA 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 UNDEAL.CA Services.
Personal Use Only
The UNDEAL.CA Services are made available for your personal,
non-commercial use only. You may not use the UNDEAL.CA Services to sell a product or service, or to increase
traffic to your Web site for commercial reasons, such as advertising sales. You
may not take the results from a UNDEAL.CA
search and reformat and display them, or mirror the UNDEAL.CA home page or results pages on your Web site. You may not
"meta-search" UNDEAL.CA.
If you want to make commercial use of the UNDEAL.CA
Services, you must enter into an agreement with UNDEAL.CA to do so in advance. Please contact us for more information.
If you are interested in adding a UNDEAL.CA search box to your web site or your company's web site, we encourage you to do so.
No Automated Querying
You may not send automated
queries of any sort to UNDEAL.CA’s system
without express permission in advance from UNDEAL.CA.
Note that "sending automated queries" includes, among other things:
- using any
software which sends queries to UNDEAL.CA
to determine how a website or webpage "ranks" on UNDEAL.CA for various queries;
- "meta-searching"
UNDEAL.CA; and
- performing
"offline" searches on UNDEAL.CA.
Please do not write to UNDEAL.CA
to request permission to "meta-search" UNDEAL.CA for a research project, as such requests will not be
granted.
Privacy Policy
Click
here to review the UNDEAL.CA Privacy Policy.
Changes In Terms and Conditions and UNDEAL.CA
Search Service
We may modify or terminate our
services from time to time, for any reason, and without notice, including the
right to terminate with or without notice, without liability to you, any other
user or any third party. We reserve the right to modify these Terms of Service
from time to time without notice. Please review these Terms of Service from
time to time so that you will be apprised of any changes.
Intellectual Property Policy
It is our policy to respond to notices of alleged
infringement that comply with the Digital Millennium Copyright Act. For
directions and more information, please click
here.
For information regarding our trademark complaint
procedure, please click here.
Disclaimer of Warranties
UNDEAL.CA disclaims any and all
responsibility or liability for the accuracy, content, completeness, legality,
reliability, or operability or availability of information or material
displayed in the UNDEAL.CA SERVICES
results. UNDEAL.CA disclaims any
responsibility for the deletion, failure to store, misdelivery, or untimely
delivery of any information or material. UNDEAL.CA
disclaims any responsibility for any harm resulting from downloading or
accessing any information or material on the Internet through the UNDEAL.CA SERVICES.
THE UNDEAL.CA SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND
SERVICES INCLUDED IN THE UNDEAL.CA
SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. UNDEAL.CA AND ITS LICENSORS EXPRESSLY
DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS.
UNDEAL.CA AND ITS LICENSORS DISCLAIM ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF
THE UNDEAL.CA SERVICES. UNDEAL.CA AND ITS LICENSORS DISCLAIM,
ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE UNDEAL.CA SERVICES. UNDEAL.CA AND ITS
LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE UNDEAL.CA SERVICES
OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE UNDEAL.CA SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH ANY LINKS PROVIDED IN THE UNDEAL.CA SERVICES.
YOU UNDERSTAND AND AGREE THAT
YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE UNDEAL.CA SERVICES AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA.
SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL UNDEAL.CA OR ITS LICENSORS BE LIABLE TO
ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE UNDEAL.CA SERVICES. ARISING FROM ANY
CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN
IF UNDEAL.CA OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
UNDEAL.CA SERVICES, FROM INABILITY
TO USE THE UNDEAL.CA SERVICES, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE UNDEAL.CA SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE UNDEAL.CA SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE UNDEAL.CA SERVICES, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE UNDEAL.CA SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE UNDEAL.CA
SERVICES.
THIS LIMITATION SHALL ALSO
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE UNDEAL.CA SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS
ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE UNDEAL.CA SERVICES. SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
Without limiting the foregoing,
under no circumstances shall UNDEAL.CA or
its licensors be held liable for any delay or failure in performance resulting
directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
Requests for
Removal of Links or Cached Materials
UNDEAL.CA occasionally receives requests
from people to remove links from its indices. Although UNDEAL.CA reserves the right to address such requests individually,
the general approach that UNDEAL.CA
takes reflects the following principles:
UNDEAL.CA’s indices consist of
information that has been identified, indexed and compiled through 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, UNDEAL.CA cannot and does not screen
anything made available through its indices. For each web site reflected in UNDEAL.CA’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, UNDEAL.CA
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.
UNDEAL.CA 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 UNDEAL.CA
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 UNDEAL.CA Search Service. UNDEAL.CA 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 are described in the UNDEAL.CA FAQ,
accessible from the home page of this site.
Miscellaneous Provisions
These Terms of Service will be
governed by and construed in accordance with the laws of the Province of
Quebec, Canada, without giving effect to its conflict of laws provisions or
your actual state or country of residence. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service to be
unenforceable, the remainder of the Terms of Service will continue in full
force and effect.
These Terms of Service
constitute the entire agreement between the parties with respect to the subject
matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of the Terms of Service will be effective only if
in writing and signed by UNDEAL.CA.
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