User Terms and Conditions

 

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Finder411’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Finder411’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website. The term ‘Agreement’ refers to these Terms and Conditions.

The use of this website is subject to the following terms of use:

 

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
  • This website also includes links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your user ID and password may only be used by you and the members of your household. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.
  • You are not allowed reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose the reviews and ratings and any content, without the express written consent of Finder411.
  • In order for you to submit your own reviews and ratings on the Website, you acknowledge and agree that:

 

a.      All of your reviews and ratings are based upon your actual first-hand experiences with the Vendors you are reviewing;

b.      All of your reviews and ratings of the Vendors that you are rating will be accurate, truthful and complete;

c.       You do not work for, own any interest in or serve on the board of directors of, any of the Vendors for which you submit reviews and ratings;

d.      You do not work for, own any interest in or serve on the board of directors of any competitors of the Vendors for which you submit reviews and ratings;

e.       You are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Vendors for which you submit reviews or ratings;

f.       All of your reviews will not contain profane, libelous, or abusive language; and

g.      Your name and report information will be made available to the Vendors on which you report.

h.      All Reviews with falsified information are subject to deletion without notification.

 

  • The reviews, ratings, communications, images, information, data, text or other materials you give us (collectively, the "Content"), by providing Content for Finder411, you automatically grant, and you represent and warrant that you have the right to grant, to Finder411 an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Finder411 with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.
  • We have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (http://finder411.com). Finder411 will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.
  • You expressly understand and agree that Finder411 will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages (even if Finder411 has been advised of the possibility of such damages) (collectively, "damages"), resulting from: (a) the use or inability to use the service; (b) the cost of any goods and/or services purchased or obtained as a result of the use of the service; (c) disclosure of, unauthorized access to or alteration of your information or content; (d) content you submit, receive, access, transmit or otherwise convey through the service; (e) statements or conduct of any service providers or other third party through the service; (f) any other matter relating to the service; (g) any breach of this agreement by Finder411 or the failure of Finder411 to provide the service under this agreement or (h) any other dealings or interactions you have with any service providers (or any of their representatives or agents). These limitations shall apply to the fullest extent permitted by law.
  • You agree to indemnify, defend and hold harmless Finder411, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Finder411 or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or wilful violation of any rights of another or harm You may have caused to another. Finder411 will have sole control of the defence of any such damage or claim.
  • You agree that Finder411 may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Finder411 will be provided by either sending: (i) an email to info@finder411.com; or (ii) a letter, first class certified mail, to PO Box 3489 Chapel Hill, NC 27515. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of United States of America.

 

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

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Possible Breach of Contract penalties:

 

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Finder411 to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Finder411's damages for the specified breaches of this Agreement:

(a) If you post Content in violation of this Agreement, You agree to promptly pay Finder411 One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.

(b) You agree to pay the actual damages suffered by Finder411 for any breach of this Agreement, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.