Chaggle's Terms of Use

USER AND OTHER THIRD PARTY CONTENT Any content posted by the user through the CHAGGLE EXPLORER BAR service such as Chat Messages and Web Crumbs, must be accurate and truthful. You may not post in any material that you know or reasonably should know to be false or materially misleading, or that is libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, or that is solely commercial in nature, or that invades a person's privacy, infringes another person's intellectual property rights, or otherwise violates any law or regulation. CHAGGLE is not responsible for, and does not represent or endorse the accuracy or reliability of, any opinion, advice, statement, recommendation or other information included in any material posted on the Service. Any reliance by you on any such opinion, advice, statement, recommendation or other content provided by other users shall be at your sole risk. Without limiting the foregoing, CHAGGLE retains the right but not obligation in its absolute and sole discretion to screen, edit, or delete any content displayed, uploaded to, distributed, or otherwise published through the Service and to prevent or restrict access to the Service for any reason, including to purge content, or take any other action to restrict access to or availability of material. ANTI-SPAM POLICY AND ACCEPTABLE USE While we encourage you to refer friends, family, colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of CHAGGLE in conjunction with the sending of unsolicited email, or cause to be used CHAGGLE's equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that CHAGGLE's network addresses or CHAGGLE-hosted Web or email services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with CHAGGLE include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to "customerservice@CHAGGLE.com." ACCESS TO CHAGGLE'S SERVICE To use the Service, you must provide all your own equipment to establish a connection to the Internet and provide for your own access, including paying any fees. OTHER WEBSITES TO WHICH CHAGGLE'S SERVICE LINK OR REFER The Web changes constantly, and no technique can ever index all pages accessible on the Web. As a result, CHAGGLE cannot guarantee the completeness or accuracy of the websites or URLs to which CHAGGLE's Service link or refer. Further, the process of including websites in CHAGGLE's Service is largely automatic. CHAGGLE does not screen the websites included in the Service, and these other websites are maintained by persons over whom CHAGGLE exercises no control. For these reasons, CHAGGLE assumes no responsibility for the content of any website or URL included in the Service and is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL included in the Service. ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES The Service may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations. CHAGGLE has the right, but not the obligation, to monitor any activity, and content associated with the Service. CHAGGLE may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the Service without notice. CHAGGLE may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect CHAGGLE's systems and users, to ensure the integrity and operation of CHAGGLE's business and systems, or in response to subpoenas, court orders, or legal requirements, CHAGGLE may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By using the Service you expressly consent to the foregoing use and disclosure. PROPRIETARY RIGHTS Intellectual Property and Copyright Infringement Notice The Service is controlled and operated by CHAGGLE llc, 5415 Delor Street, Saint Louis, MO 63109, email: customerservice@CHAGGLE.com. The Service, and all materials on the Service including images, text, illustrations, logos, audio and video files (collectively "intellectual property"), are protected by copyrights, trademarks, servicemarks, or other proprietary rights which are either owned by CHAGGLE, or owned by other parties who have licensed their intellectual property to CHAGGLE. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Service is the exclusive property of CHAGGLE and protected by U.S. and foreign laws and international copyright treaties. Material from the Service and from any other Service owned, operated, controlled, or licensed by CHAGGLE may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of CHAGGLE's intellectual property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of CHAGGLE's copyrights and other proprietary rights and is strictly prohibited. Notification and Procedure for Making Claims of Copyright Infringement You may notify CHAGGLE if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with Title 17, United States Code, Section 512(c)(2), CHAGGLE has designated a Copyright Agent to receive any such notification. CHAGGLE's Copyright Agent may be contacted at: 5415 Delor Street, Saint Louis, MO 63109, email: copyright-agent@CHAGGLE.com If you wish to notify CHAGGLE's Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information: a physical or electronic signature of the person authorized to act on behalf the copyright owner; identification or description of the copyrighted work you claim has been infringed; identification or description of the work you believe is infringing on your copyrighted work and enough information to assist CHAGGLE in locating the allegedly infringing work; your address, telephone number, and email address; a statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law; your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf. Trademarks owned by CHAGGLE LLC (graphics, logos, page headers, button icons, scripts, and service names) are trademarks or trade dress of CHAGGLE, CHAGGLE LLC, or their affiliates, in the United States and other countries. Neither CHAGGLE's, CHAGGLE LLC's, nor their affiliates' trademarks may be used in connection with any product or service that is not CHAGGLE's, CHAGGLE LLC's, or their affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits CHAGGLE, CHAGGLE LLC, or their affiliates. Software License The proprietary software associated with the EXPLORER BAR Service ("Software"), which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of you promises reflected in this Agreement, CHAGGLE grants to you a personal, nonexclusive, nonassignable and nontransferable license to download, install and use the Software to and on a single computer and to use the Software solely to use the Service as permitted under this Agreement. All rights not expressly granted to you by the foregoing sentence are reserved by CHAGGLE. Without limiting the generality of the foregoing, you may not copy, modify, distribute or reverse engineer, decompile or disassemble the Software, except that you may make one copy of the Software for back-up purposes. You may not use the Software for any commercial purpose other than in connection with the Service and as permitted hereunder, and you may not transfer, sell, assign or convey it to another party without CHAGGLE's prior written consent. Other Licenses - Your Grant - By entering into this Agreement, using the Service, or posting any content, you grant CHAGGLE and its affiliates a perpetual, nonexclusive, world-wide, royalty-free, irrevocable and fully sublicensable right and license to store, copy, modify, translate, distribute, display and otherwise use your content that you provide through the service, and any or all information contained therein, for any purpose whatsoever, including, but not limited to, in marketing or advertising materials, and to exercise all copyright and rights of publicity over the material displayed in your content, in any existing or future media, now known or later developed. You also waive any "moral rights" or rights of attribution or integrity in such content. You are not entitled to any compensation for such use. You also grant CHAGGLE and its affiliates and sublicensees the right to use your nickname or any identifying information that you submit with your content. CHAGGLE's Grant - Subject to your compliance with all the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, CHAGGLE grants to you a limited license to make personal use of the Service. This license expressly excludes, without limitation, any resale, modification, or commercial use of the Service or any portion thereof or any content and making any derivative works based upon or distributing or copying the Service or any content, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of CHAGGLE and its affiliates without express written consent of CHAGGLE. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of CHAGGLE and its affiliates without the express written consent of CHAGGLE and its affiliates. Any unauthorized use terminates the permission or license granted by CHAGGLE in this paragraph. INDEMNIFICATION You agree to defend, indemnify, and hold harmless CHAGGLE and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Service by you, or by any other person using the Service through you or using your computer. DISCLAIMER OF WARRANTY YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, CHAGGLE LLC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER CHAGGLE NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE; (v) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY PRODUCTS DISCUSSED, REVIEWED BY USERS OR REFERENCED USING THE SERVICE; (vi) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vii) THAT THE SERVICE IS NONINFRINGING. CHAGGLE LLC AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE CHAGGLE LLC AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF CHAGGLE LLC OR ITS AFFILIATES. IF YOU PURCHASE A PRODUCT OR SERVICE REVIEWED BY ANOTHER USER OF THE SERVICE OR OTHERWISE AS A RESULT OF USING THE SERVICE OR ANY REVIEW, AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE CHAGGLE llc AND ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT 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 SUCH SOFTWARE AND/OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. LIMITATION OF LIABILITY IN NO EVENT SHALL CHAGGLE LLC, OR ANY OF THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU. APPLICABLE LAW; JURISDICTION AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri and the Federal Arbitration Act, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Saint Louis, Missouri. ARBITRATION You and CHAGGLE agree any and all disputes and claims relating in any way to this Agreement (including the arbitrability of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the State of Missouri, Saint Louis County. If you and CHAGGLE cannot agree on arbitrators, they shall be appointed by the Presiding Judge of the Saint Louis County Superior Court. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"). You and CHAGGLE llc may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of the Service, whether through class arbitration proceedings or otherwise. However, to the extent you have in any manner violated or threatened to violate CHAGGLE's intellectual property rights, CHAGGLE may seek injunctive or other appropriate relief in any state or federal court in the State of Missouri, and you consent to exclusive jurisdiction and venue in such courts. GENERAL PROVISIONS - Entire Agreement This Agreement, which includes the CHAGGLE Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written. Severability - If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. No Waiver - CHAGGLE's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of CHAGGLE's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing. Any rights not expressly granted herein are reserved.