0011.com Terms of Service and Disclaimer

  1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE AND DISCLAIMER

    The 0011.com Service ("Service"), owned and operated by 0011.com ("0011.com"), are provided to you ("User" or "Member") under the terms and conditions of this 0011.com Terms of Service and Disclaimer (the "TSD") and any amendments thereto and any operating rules or policies that may be published from time to time by 0011.com. The TSD comprises the entire agreement between User and 0011.com and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY USING THE SERVICE AND/OR WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TSD.

  2. USER CONDUCT

    User agrees comply with all applicable local, state, national, and international laws and regulations. and agrees not to interfere with the use of the Service by other Users.

    User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (d) to comply with all applicable laws regarding the transmission of technical data exported from the United States. User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. User agrees not to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. Users agree not to create or account for another person or entity without authorization of that person or entity.

  3. INDEMNIFICATION

    User agrees to indemnify and hold 0011.com, its subsidiaries, affiliates, directors, officers, employees, successors and assigns, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's violation of the TSD, infringement by User, other user of the Service using User's computer, of any intellectual property or other right of any person or entity, User's connection to the Service, or User's violation of any rights of another.

  4. NO RESALE OF SERVICE OR COMMERCIAL USE OF THE SERVICE

    User agrees not to resell, redistribute, transfer, or make any commercial use or access of the Service without written consent of 0011.com. User's right to use the Service is personal to User, and the use of the Service must be for personal use. User must be an individual, and not a corporation or other business entity. User may not authorize any third party to access this information manually or electronically (by a computer program or any mechanical means). User agrees it is not using the Service for any business purpose. Notwithstanding other disclaimers and limitations on liability herein, any use of the Service for business purposes shall be solely at User's risk, and User assumes all such risk.

  5. DEALINGS WITH ADVERTISERS

    User may enter into correspondence with or participate in promotions of advertisers found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. User agrees not to hold 0011.com liable for any loss or damage of any sort incurred as the result of any such correspondence or participation.

  6. DATA AND LINKS TO OTHER REFERENCE OR RESOURCES

    The Service may provide information, and/or links to other Web sites or resources. User acknowledges and agrees that 0011.com is not responsible for such information and Web sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products and services, or other materials on or available from such sites or resources. User agrees that 0011.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 such Web sites or resources.

  7. 0011.com'S PROPRIETARY RIGHTS

    User acknowledges and agrees that content, including but not limited to text, graphics, photographs, music, sound, video, software, or other material contained in the Service and/or emails or advertisers or sponsor advertisements is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by 0011.com, its sponsors, or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such material or content without express authorization.

  8. DISCLAIMER OF WARRANTIES

    USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 0011.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 0011.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE TIMELY, UNINTERRUPTED, ERROR FREE, OR SECURE; NOR DOES 0011.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED. THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. 0011.com'S SOLE AND MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASONS, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY POTENTIAL VIRUSES OF THIS SERVICE, WEBSITE, EMAIL, AND/OR ANY OTHER RESOURCES ARE DISCLAIMED. USER ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL AND/OR DATA. 0011.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM 0011.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  9. LIMITATION OF LIABILITY

    USER AGREES THAT 0011.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE RESULTING FROM THE USE OR THE INABILITY TO USE OR RECEIVE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF 0011.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 0011.com AND USER. 0011.com WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION. USER FURTHER AGREES THAT 0011.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MISCELLANEOUS

  10. NOTICE

    Any notice to User or to the Service shall be made via either email, regular postal mail, or by displaying notices to Users generally on the Service.

  11. LAWS

    The TSD shall be governed by and construed in accordance with the laws of the state of California. 0011.com and User agree to submit exclusively to jurisdiction in state and federal courts California located in San Francisco, California. If any provision(s) of the TSD is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure of 0011.com to exercise or enforce any right or provision of the TSD shall not constitute a waiver of such right or provision. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TSD must commence within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TSD are for convenience only and have no legal or contractual effect. USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE FOREGOING AGREEMENT AND BY REGISTERING AND/OR USING THE SERVICE, AGREES TO BE BOUND BY ALL OF ITS TERMS.