Terms of Service
A. ACCEPTANCE OF TERMS
Beetown.com, a property of Beetown Communications, provides Web directory listings to users, subject to the following Terms of Service ("TOS"), which may be updated by us without notice to you. If you are viewing this TOS off-line, please review the lastest version at http://www.beetown.com/tos.html.
B. DESCRIPTION OF SERVICE
Beetown.com provides its users with a collection of on-line links of resources ("Service"). Theses resources are either submitted by users or posted by Beetown Communications. You understand and agree that the Service is provided "AS-IS" and that Beetown Communications assumes no responsibility for any inaccuracies of the posted resources.
C. LINKS OF RESOURCES
The Service may provide links to other World Wide Web sites or resources. Because Beetown Communications has no control over such sites and resources, you acknowledge and agree that Beetown Communications is not responsible for such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on such sites or resources. You further acknowledge and agree that Beetown Communications 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.
D. INDEMNITY
You agree to indemnify and hold Beetown Communications, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the links you submit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
E. DISCLAIMER OF WARRANTIES
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVALIABLE" basis. Beetown Communications 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. 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.
F. LIMITATION OF LIABILITY
You expressly understand and agree that Beetown Communications shall not be liable 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, resulting from: the use or the inability to use the Service; 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; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service; or any other matter relating to the service.
G. EXCLUSIONS AND LIMITATIONS
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 of sections F and G may not apply to you.
H. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Beetown Communications and govern your use of the Service, superceding any prior agreements between you and Beetown Communications. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Beetown.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Beetown.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of Beetown Communications to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. 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 TOS must be filed within one year after such claim or cause of action arose or be forever barred.
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