iGuiders Terms of Service

Welcome to iGuiders! Before you begin using iGuiders, you must read and agree to these iGuiders Terms of Service (”Terms of Service”) and the policies and agreements referred to in these Terms of Service, including any future amendments of these Terms of Service or such policies or agreements (collectively, the “Agreement”):

Although we may attempt to notify you when major changes are made to the iGuiders Terms of Service, you should periodically review the most up to date version. iGuiders may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. iGuiders plans to add additional features over time. If you do not accept and abide by this Agreement, you may not use the iGuiders service.

1. Description of Service.

1.1. iGuiders is an online knowledge resource and tool that allows users to create, share, use and add templates (”Guiders”) which are used to develop and implement Internet searches and search strategies, and to crease, share, use and add other content collaboratively (the “Service”). You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. iGuiders disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. iGuiders also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

1.2. You must be at least twelve (12) years of age to use the Service but you must be eighteen (18) years of age to open an iGuiders Account or to provide any personal information. iGuiders reserves the right to refuse service to anyone at any time without notice for any reason.

1.3. You will not need an iGuiders Account to access the iGuiders site but you will need an iGuiders Account to create Guiders. You can open an iGuiders account at http://iguiders.com/register. You will be responsible for all activities occurring under your iGuiders Account username and for keeping your password secure. As used in this Agreement, “iGuiders Account” will refer to any and all accounts you establish on iGuiders.

2. Content Accessed Through iGuiders.

2.1. Objectionable Material. You may encounter content through the use of iGuiders that you find offensive, such as content that is sexually explicit (though our Content Policy expressly prohibits such content). Content on our site may include offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, content that has been mislabeled or is otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using iGuiders.

2.2. iGuiders is for General Informational Purposes Only. Some of the material shared through iGuiders may offer information relating to professional topics, such as medical, legal, or financial issues. This material is presented for general informational purposes only, and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any opinion, advice, or information contained in the Service.

2.3. No Editorial Role. Much of the content of iGuiders — including the contents of specific Guiders — is provided by and is the responsibility of the person or people who submitted the content. iGuiders does not edit the content of Guiders which are not created by iGuiders, and takes no responsibility for such content. Instead, iGuiders merely provides access to such content as a service to you.

2.4 Third Party Sites. iGuiders is not responsible for Guiders which you may link to or place on a third party web site, and it is your responsibility to confirm that you have the right to link or place Guiders on third party web sites.

2.4. No Endorsement. iGuiders does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content submitted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on content posted via the Service will be at your own risk.

3. Proper Use of the iGuiders Service.

3.1. You agree that you are responsible for your use of the Service, the use of your iGuiders Account, for any content you submit, solicit, or approve, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

3.2. You agree to abide by the iGuiders Content Policy and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the iGuiders Content Policy, you should periodically review the most up-to-date version. iGuiders may, in its sole discretion, modify or revise the iGuiders Content Policy at any time, and you agree to be bound by such modifications or revisions.

3.3. A Guider which you create may contain links to websites that you own or control or otherwise have the legal right to link to.

3.4. Violation of any of the foregoing, including the iGuiders Content Policy, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. iGuiders reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

3.5. iGuiders reserves the right to refuse to accept, post, display or transmit any content in its sole discretion. You agree that iGuiders has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Guider, content, or other communications maintained by the Service. iGuiders retains the right to create limits on use and storage at our sole discretion at any time, with or without notice.

3.6. iGuiders takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does iGuiders have any obligation to monitor such third-party content. iGuiders also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request; (b) enforce this Agreement, including investigation of potential violations of the Agreement; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of iGuiders or its users, licensors, and partners, or the public. iGuiders will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

4. Ownership and Control of Guiders.

4.1 The creator of a Guider is the “Owner” of that Guider. The Owner shall have the right to administer and managing settings for that Guider, including the ability to invite others (”Collaborators”) to edit and contribute content to that Guider. As between the Owner and Collaborators, the Owner shall own all content included in the Guider whether contributed by the Owner or Collaborators, subject, however, to rights of third parties in such content.

4.2 Users are free to post comments or reviews on any Guider. Comments or reviews will not be incorporated directly into the Guider itself, but may be shown in connection with the Guider and be available for viewing by visitors to iGuiders.

5. Your Intellectual Property Rights.

5.1. Ownership of Content. iGuiders claims no ownership or control over any content submitted, posted or displayed by you on or through the Services, with the exception of iGuiders license rights under Section 8 of these Terms of Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Service and you are responsible for protecting those rights, as appropriate; provided, however, that Owners shall own content contributed to Guiders by Collaborators to the extent provided in Section 4.1.

5.2. License to Use iGuiders-Provided Third-Party Materials. iGuiders may occasionally provide you with certain third-party materials (such as cartoons, images, and other content) that we have licensed from the copyright owner, allowing iGuiders users to incorporate the material into their Guiders under certain terms and conditions (”Licensed Content”). Such Licensed Content, when available, will be provided to you as an option for inclusion in your Guider at our discretion through the iGuiders author tool. iGuiders hereby grants you a limited, royalty-free license to use such Licensed Content as may be available through the iGuiders author tool in your Guider on the Service, in exactly the manner and format provided to you through the iGuiders author tool, and in no other manner or location. Your use of Licensed Content is subject to the terms and conditions of our agreement with our Licensed Content partners, and your ability to use the Licensed Content may be terminated or disabled at any time for any reason, at iGuiders’s sole discretion. You hereby agree that you will not use the Licensed Content in any manner other than that specified through the iGuiders author tool, and that you have no rights in or to the Licensed Content other than the limited right to use it on and through the Service as specified in this Agreement.

6. iGuiders’s Intellectual Property Rights.

You acknowledge that iGuiders owns all right, title and interest in and to the Service, including all intellectual property rights (the “iGuiders Rights”). iGuiders Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service or Licensed Content. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service, except as permitted in connection with the regular indexing of content and webpages as carried out by Internet search engines. Unless expressly authorized in writing by iGuiders, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

7. Reservation of iGuiders Rights.

You understand and agree that nothing will restrict iGuiders from using or displaying content iGuiders obtains from a source other than you. Nothing in this Agreement affects any right that either party would have had, or shall have, independent of the Agreement including but not limited to rights under the U.S. Copyright Act or analogous laws in other jurisdictions.

8. License to iGuiders.

By submitting, posting or displaying content on or through the Service, you grant to iGuiders a non exclusive, perpetual, worldwide and royalty-free right and license to (i) use, copy, distribute, transmit, modify, create derivative works based on, publicly perform (including but not limited to by digital audio transmission), and publicly display the content through iGuiders services; (ii) allow other users to access and use the content through iGuiders services; and (iii) permit iGuiders to display advertisements on iGuiders sites containing the content. In addition, you grant to iGuiders a nonexclusive, perpetual, worldwide and royalty-free license to use your name, biographical information (and, where applicable, your trademarks, service marks, trade names, logos, and other business identifiers) which you contribute as content; provided, that this right shall not extend to information that you contribute in connection with the establishment of your iGuiders Account or which otherwise is not contributed as content. Information not submitted as content shall be subject to the iGuiders Privacy Policy and shall only be used or disclosed to the extent provided therein. You acknowledge that, as further set forth in the iGuiders Privacy Policy, iGuiders shall have the right to use personal information to create analytics which is may sell, provided that any and all personal references to you shall be de-identified.

9. Privacy.

As a condition of using the Service, you agree to the terms of the iGuiders Privacy Policy (http://iguiders.com/privacy), which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that iGuiders may access or disclose your personal information, including the content of your communications, if iGuiders is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general iGuiders Privacy Policy. Personal information collected by iGuiders may be stored and processed in the United States or any other country in which iGuiders Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside your country.

10. Publicity.

You may use of iGuiders’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features only in connection with your use of the Service.

11. Representations and Warranties.

You represent and warrant that (a) you have full power and authority to enter into this agreement, (b) that you have all necessary rights to grant the licenses set forth in this Agreement, (c) that your submission of content does not violate any obligation you owe to a third party, and (d) that all of the information provided by you to iGuiders to participate in the Service is correct and current. You also represent and warrant that (a) to the extent that your Guider presents factual information, that the information is factually accurate, (b) the material presented in your Guider reflects your sound scholarly, professional, and/or learned presentation of the subject matter of the Guider.

12. Indemnification.

You agree to hold harmless and indemnify iGuiders, and its subsidiaries, affiliates, officers, agents, licensors, and employees from and against any third-party claim (including any claim involving Authors, Co-Authors, Collaborators, Reviewers, Commenters, and Users) arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, iGuiders will provide you with written notice of such claim, suit or action.

13. Term and Termination.

iGuiders may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. These Terms of Service shall survive termination of the Service.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF iGUIDERS IS AT YOUR SOLE RISK. iGUIDERS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. iGUIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. iGUIDERS MAKES NO WARRANTY THAT (i) iGUIDERS WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF iGUIDERS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF iGUIDERS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH iGUIDERS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF iGUIDERS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iGUIDERS OR THROUGH OR FROM iGUIDERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT iGUIDERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF iGUIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE iGUIDERS SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM iGUIDERS SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON iGUIDERS SERVICES; OR (v) ANY OTHER MATTER RELATING TO iGUIDERS SERVICES.

16. General Terms

If you have not signed a separate written agreement with iGuiders related to the Service, this Agreement is the entire agreement between you and iGuiders related to the Service, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between you and iGuiders related to the Service, the signed written agreement will control. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other iGuiders services, affiliate services, third-party content or third-party software.

You agree that iGuiders may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on iGuiders services.

The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.

iGuiders’ licensors may be third-party beneficiaries to this Agreement. There are no other third-party beneficiaries to this Agreement. The parties are independent contractors, and nothing in this Agreement, as between iGuiders and any other party, creates an agency, partnership, or joint venture.

Failure to enforce a provision in this Agreement will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of iGuiders services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These terms are governed by Ohio law, excluding Ohio’s choice of law rules. The exclusive venue for any dispute relating to these Terms is the state and federal courts located in Cuyahoga County, Ohio, and you and iGuiders consent to personal jurisdiction in the state and federal courts there. Nothing in these Terms limits your or iGuiders’s ability to seek equitable relief.

17. Copyright Information.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe that your copyright has been infringed on the Service, please email us at ip@iGuiders.com.