TERMS OF SERVICE
PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF USE, INCLUDING ANY
AMENDMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS
UNDER WHICH PRETRIEVE PROVIDES YOU WITH VARIOUS SERVICES ON ITS WEB SITE (ALL
SERVICES ARE COLLECTIVELY REFERRED TO AS "PRETRIEVE SERVICES"). BY ACCESSING,
BROWSING AND/OR USING OUR WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE
AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE
OR USE OUR WEB SITE.
OWNERSHIP OF OUR WEB SITE
The www.pretrieve.com web site is owned and operated by Pretrieve, LLC. ("Pretrieve").
All right, title and interest to the content displayed on our Site, including but not
limited to the Site's look and feel, data, information, text, graphics, images,
sound or video materials, designs, trademarks, service marks, trade names and URL,
is the property of Pretrieve.
CHANGES TO THIS AGREEMENT
Pretrieve may make changes to this Agreement from time to time in its sole discretion.
Each time changes are made to this Agreement, a revised Agreement will be posted on the
home page. Your continued use of our Site following the posting of changes constitutes
your acceptance of any such changes. You can review the most current version of this
Agreement at http://www.pretrieve.com/tos.jsp
OUR PRIVACY POLICY
The information that we obtain through your use of our Sites, whether through the
registration process or otherwise, is subject to our Privacy Policy.
That Privacy Policy contains terms and conditions that govern our collection and use of the
information you provide to us, including our respective rights relative to that information.
Please review the Privacy Policy before you use our Sites. If you are unwilling to accept the
terms and conditions of the Privacy Policy, please do not use our Sites .
PROTECTION OF OUR INTELLECTUAL PROPERTY RIGHTS
The contents of our Sites are intended for the personal, noncommercial use of our users.
All materials published on the Sites, including without limitation, content in the form of
text, graphics, software, music, sound, photographs, and videos, and content provided by
suppliers, sponsors or other third parties ("Content") are protected by copyright, trademarks,
service marks, patents or other proprietary rights and laws, and owned or controlled by Pretrieve,
or the party identified as the provider of the Content. Except as expressly authorized by Pretrieve,
you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display,
license, reverse engineer or create derivative works based on the Sites or any Content (including
without limitation any software) available through the Sites.
YOUR LICENSE TO ACCESS CONTENT ON OUR SITES
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to
view, reproduce, print, cache, store and distribute content retrieved from our Sites via a generally
available consumer web browser, provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Pretrieve Services or remove or obscure the copyright notice or other notices
displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved
from the Sites in any way, for any commercial use without the prior written permission of Pretrieve
or the copyright holder identified in the relevant copyright notice.
You agree not to modify the Pretrieve Services in any manner or form, or to use modified versions
of the Pretrieve Services, including (without limitation) for the purpose of obtaining unauthorized
access to the Pretrieve Services or portions of the Services. You agree not to access the Pretrieve
Services by any means other than through the interface that is provided by Pretrieve for use in
accessing the Pretrieve Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites
shall be construed as conferring any other license or right, expressly, by implication, by estoppel
or otherwise, with respect to any of Pretrieve's Content or under any third party's Content. Any rights
not expressly granted herein are reserved.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service.
NO AUTOMATED QUERYING
You may not send automated queries of any sort to our sites without express permission in advance from
Pretrieve. Note that "sending automated queries" includes, among other things:
- "meta-searching" ; and
- performing "offline" searches on any Pretrieve web site
LINKS TO OTHER WEB SITES
A central part of the Pretrieve Services includes links to other World Wide Web sites or resources.
Because Pretrieve has no control over such sites and resources, you acknowledge and agree that
Pretrieve is not responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge and agree that
Pretrieve shall not be responsible or liable, directly or indirectly, for any damage or loss
caused by or in connection with use of or reliance on any such content, goods or services
available on or through any such site or resource. Finally, you acknowledge that such
external sites usually have their own terms and conditions, including privacy policies, over
which Pretrieve has no control and which will govern your rights and obligations with respect
to the use of those Web sites.
YOUR CONTACT WITH ADVERTISERS OR THIRD PARTY VENDORS
Your dealings with advertisers and third party vendors found on or through the Pretrieve Services,
including your participation in promotions, the purchase of goods, and any terms, conditions,
warranties or representations associated with such activities, are solely between you and the
third party. Pretrieve does not make any representations or warranties with respect to any
goods or web sites that may be obtained from such third parties, and you agree that Pretrieve
will have no liability for any loss or damage of any kind incurred as a result of any activities
you undertake in connection with the use of or reliance on any content, goods, services,
information or other materials available, or through such third parties, on our Sites. You
acknowledge that such external sites usually have their own terms and conditions, including
privacy policies, over which Pretrieve has no control and which will govern your rights and
obligations with respect to the use of those Web sites.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding your use of our Sites including, without
limitation, all applicable laws (as well as associated licenses and approvals) regarding the
transmission of technical data exported from the United States or the country in which you reside.
MODIFICATIONS TO PRETRIEVE SERVICES
Pretrieve reserves the right at any time and from time to time to modify, suspend, discontinue or
terminate the Pretrieve Services (or any part thereof) with or without notice. You agree that
Pretrieve will not be liable to you or to any third party for any modification, suspension,
discontinuation or termination of the Pretrieve Services.
TERMINATION OF YOUR ACCESS TO PRETRIEVE SERVICES
You agree that Pretrieve, in its sole discretion, may terminate your access to the Pretrieve
Services, and/or remove, discard or modify any Postings or content within the Service, for
any reason, including, without limitation, for lack of use or if Pretrieve believes that you
have violated or acted inconsistently with the letter or spirit of this Agreement. You agree
that any termination of your access to the Pretrieve Services may be effected without prior
notice, and acknowledge and agree that Pretrieve may immediately deactivate or delete your
account and all related information and files in your account and/or bar any further access
to such files or the Pretrieve Services. Further, you agree that Pretrieve shall not be
liable to you or any third party for the discontinuation or termination of your access to
the Pretrieve Services, even if advised of a claim for damages.
INFORMATION DISCLAIMER AND DISCLAIMER OF WARRANTIES
BY USING PRETRIEVE SERVICES YOU UNDERSTAND AND AGREE THAT:
- PRETRIEVE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITES IS
INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE.
PRETRIEVE AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES
ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION
OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
- YOUR USE OF THE PRETRIEVE SERVICES IS AT YOUR SOLE RISK. THE PRETRIEVE SERVICES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRETRIEVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- PRETRIEVE MAKES NO REPRESENTATION OR WARRANTY THAT PRETRIEVE SERVICES WILL MEET YOUR REQUIREMENTS,
THAT THE PRETRIEVE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE PRETRIEVE SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR
RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
OBTAINED BY YOU THROUGH PRETRIEVE SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF PRETRIEVE SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH
OR FROM THE PRETRIEVE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT PRETRIEVE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE,
LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR
ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER
CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE
INABILITY TO USE, PRETRIEVE SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT
OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR PRETRIEVE SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT PRETRIEVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION OF PRETRIEVE
You agree to indemnify and hold Pretrieve, its subsidiaries, and affiliates, and their
officers, directors, employees and agents harmless from and against any and all liability,
losses, claims, demands, disputes, damages or costs of any kind, including, without
limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way
connected with (a) your use of or reliance on Pretrieve Services, (b) your connection to
our Sites, (c) your violation of this Agreement, or (d) your violation of any rights of
another party.
TRADEMARK NOTICES
Pretrieve and the Pretrieve logo are registered trademarks of Pretrieve, LLC. You agree not
to display or use the Pretrieve logo in any manner without Pretrieve' prior written permission.
To seek permission to use the Pretrieve logo, please contact legal@pretrieve.com.
COPYRIGHTS AND COPYRIGHT AGENT
Pretrieve asks our users to respect the intellectual property of others. If you believe in
good faith that your work has been copied in a way that constitutes copyright infringement,
please provide us with the following:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
NO OTHER AGREEMENTS BETWEEN US
With the exception of our Privacy Policy, this Agreement constitutes the entire
agreement between you and Pretrieve for governing your use of our Sites and supersedes any prior agreements
between you and Pretrieve for that purpose, including any membership agreements or other similar agreements
applying to our Sites or Pretrieve Services.
LAW APPLICABLE TO INTERPRETATIONS AND DISPUTES
This Agreement and the relationship between you and Pretrieve are governed by the laws of the State of Georgia
without regard to its conflict of law provisions. You and Pretrieve agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Dekalb County, Georgia.
SEVERABILITY OF THIS AGREEMENT
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree
that every attempt shall be made to give effect to the parties' intentions as reflected in that provision,
and the remaining provisions contained in this Agreement shall continue in full force and effect.
LIMITATION OF ACTIONS BROUGHT AGAINST PRETRIEVE
You agree that any claim or cause of action arising out of your use of our Sites or this Agreement must
be filed within one year after such claim or cause of action arose or it shall forever be barred,
notwithstanding any statute of limitations or other law to the contrary. Within this period, any
failure by Pretrieve to enforce or exercise any provision of this Agreement or related right shall
not constitute a waiver of that right or provision.
CONTACT INFORMATION
If you have any questions or concerns with respect to this Agreement or our Sites, you may contact
a representative of Pretrieve at legal@pretrieve.com.
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