Delivering Great Search Results©
TERM OF SERVICE:
Welcome to ChaBook.com! We provide our services subject to the Terms below,
which may be updated by us from time to time without notice to you.
By visiting our site, you completely agree with all the terms and conditions of using our services.
In this agreement, we, us, our refer to ChaBook.com or its owners, affiliates, and employees as may be applicable. You, or your refer to any person viewing any material or information presented by ChaBook.com or who uses the service for uploading data.
DESCRIPTION OF SERVICE:
As the user of our service, you may be exposed to content that is offensive, indecent, or otherwise objectionable.
We do not control the content posted by others and, as such, we do not guarantee the decency, morality, accuracy, integrity or quality of such content.
Under no circumstances we will be liable for any content, including any errors or omissions in any content, or for any loss or damage of any kind as a result of the use of any content posted, emailed, transmitted or otherwise made available from our service.
If you have never visited our web site and objectionable or damaging material displayed at our site has been sent to you by third parties in the form of email, voice mail, surface mail or in any other form, liability for such action rests with the person or entity who sent it to you, and not us.
If you find any part of this agreement objectionable, you agree never to visit our site again so as to show your goodwill attempt to avoid any potential conflict between you and ChaBook.com. You also agree that, after an objectionable experience at our web site, your subsequent visit
to our site, for any purpose whatsoever, constitutes your waiver to any prior claims that you may have against us.
POSTING MATERIAL TO OUR SITE:
You agree to not use our service to
upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, obscene, abusive, threatening, harassing, defamatory, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way; Impersonate any person or entity, including, but not limited to an official, or any person or persons affiliated with our site;
You agree not to upload, post, email, transmit or otherwise make available any content that
You acknowledge that we may or may not pre-screen content, but that we and our designees shall have the right (but not the obligation) to pre-screen, refuse, or move any content that has been posted on our service. In addition, we or our designees shall have the right to remove any content that violates the terms of service or is otherwise found to be objectionable by us without showing cause. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any content displayed at ChaBook.com web site.
You acknowledge, consent and agree that we may access, preserve, and disclose your account information and content if required by the law, or whenever we deem necessary to protect and/or defend ourselves in a court of law, or to improve the quality of our service.
You understand that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided at ChaBook.com, in whole or in part, is strictly prohibited.
REGARDING COPYRIGHTED CONTENT SUBMITTED TO OUR SERVICE:
INDEMNITY:
MODIFICATIONS TO SERVICE:
TERMINATION:
REGARDING ADVERTISERS:
LINKS AND LISTED SEARCH RESULTS:
DISCLAIMER OF WARRANTIES:
LIMITATION OF LIABILITY:
EXCLUSIONS AND LIMITATIONS:
NO THIRD PARTY BENEFICIARIES:
NOTICES:
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT:
GENERAL INFORMATION:
Our services include your ability to view any content displayed by our web site, your ability to view pages linked by our web pages - whether those web pages are created and maintained by ChaBook.com or by third parties, and your ability to post any content for display on our web pages including, but not limited to the search results pages.
You agree and understand that all content; including but not limited to information, data, text, software, music, sound, photographs, graphics, video or other materials are the sole responsibility of the person, persons, company or entity from whom the posted content has originated.
You are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the service.
In the event that we incur any damages due to your action, you agree to compensate the damages in full. In the event that we are subjected to a law suit due to any content that you have uploaded on our web site, you agree to make sufficient funds available (including reasonable attorney fees) immediately upon request by us so as to defend us in a court of law.
- you do not have a right to make available under the law, agreement, or your employer's policy; or
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or communications equipment;
- provides material support or resources (or to misguide, conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government or any of its allies as a terrorist organization;
- post secretive material embedded and or encrypted in any content including but not limited to text, image or voice content intended for espionage against the United States government or any of its allies;
- violates the code of ethics published by the American Society for Internet Professionals (which is available here.)
We do not claim ownership of content you submit or make available for inclusion in our search results. However, you grant us world-wide, royalty free and non-exclusive license(s)to
use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content for the purpose of providing and promoting the specific service to which such content was submitted or made available.
You agree to indemnify and hold ChaBook.com and its affiliates, officers, agents, partners, or employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through our service, your use of the service, your violation of the terms of service, or your violation of any rights of another.
ChaBook.com reserves the right at any time to modify or discontinue, temporarily or permanently, the service in whole or any part with or without notice. You agree that ChaBook.com shall not be liable to you or to any third party for any modification, interruption, suspension or termination of the service. Further, ChaBook.com reserves the right to alter, modify, or delete the content, including the paid-for content any time without showing cause. In such event, you shall not be reimbursed, in whole or in part, any payment you may have made for displaying such content.
You agree that ChaBook.com may, under certain circumstances and without prior notice, immediately terminate your account and any associated service and access to the service. Further, you agree that all terminations shall be made in ChaBook.com's sole discretion and that ChaBook.com shall not be liable to you or any third-party for any termination of your account, or your access to the service.
Your correspondence or business dealings with, or participation in promotions of advertisers found on or through 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 you and such advertiser. You agree that ChaBook.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
The service provides links to other World Wide Web sites or resources. Since ChaBook.com has no control over such sites and resources, you acknowledge and agree that ChaBook.com, any of its employees, partnets, or affiliates 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 ChaBook.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 or through any such site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHABOOK.COM 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.
WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHABOOK.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHABOOK.COM 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 CHABOOK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that, there shall be no third party beneficiaries to this Agreement.
ChaBook.com shall not provide you with notices, including those regarding changes to the terms of service, or those regarding denial of its services to you.
ChaBook.com respects the intellectual property of others, and we ask our users to do the same. ChaBook.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ChaBook.com's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
ChaBook.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Kemal Efe
Copyright Agent
212 Rustburg Dr.
Lafayette LA 70508.
Choice of Law and Forum: The terms of service and the relationship between you and ChaBook.com shall be governed by the laws of the State of Louisiana without regard to its conflict of law provisions. You and ChaBook.com agree to submit to the personal and exclusive jurisdiction of the courts located within the Lafayette Parish, Louisiana.
Waiver and Severability of Terms: The failure of ChaBook.com to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Terms Of Service remain in full force and effect.
No Right of Survivorship and Non-Transferability: You agree that your ChaBook.com account is non-transferable and any rights to your contents within your account terminate upon your death.
Statute of Limitations: You agree 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 terms of service must be filed within 90 days after cause of action arose or be forever barred.