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1. Application of these conditions of use
By accessing or using any part of Terrystack.com you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use Terrystack.com.
We may change these conditions at any time without any notice to you. By your continued access and use of Terrystack.com you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
2. Copyright and database right
Except where otherwise noted, Terry Stack owns legally and beneficially all the intellectual property rights in the content of all the Terrystack.com web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as Terrystack.com Search results which are extracted from a compilation owned by Terry Stack Ltd. © Terry Stack Ltd. 2004.
"Terrystack.com" and "Terry Stack" are service marks of Terry Stack. Terry ™ is a trademark of Terry Stack. All other trademarks, product names and company names or logos cited anywhere on Terrystack.com are the property of their respective owners.
4. Permitted uses
Save as provided below, no materials from Terrystack.com may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.
Terry Stack takes active measures to ensure that no unauthorized use or breach of its intellectual property rights is committed.
Subject to applicable third party content providers' licences, you are allowed to access the Terrystack.com database, to make a copy of the results of any searches made in that database, and to use those results PROVIDED that none of such access, copying and use falls into, is preparatory to or enables any of the categories of prohibited conduct referred to below, and provided that none of such access, copying and use is for the purpose of and in the course of any business. For the avoidance of doubt, and without prejudice to the below mentioned prohibited conduct, such access, copying and use is permitted even for a business if such conduct is merely incidental to the business.
For the avoidance of doubt and without limitation, you are expressly prohibited from:
- modifying the data or other material from Terrystack.com ("the Data") or merging the Data with any other data;
- selling or trading in materials copied from the Data;
- using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this paragraph 4
- providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system;
- issuing questionnaires, reply cards or similar for the purpose of data capture or verification;
- permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights;
- using the Data;
- For any unlawful purpose or purpose that is likely to bring any part of Terry Stack into disrepute or to cause any part of Terry Stack embarrassment.
- To send any message or communication which is offensive, abusive, indecent, obscene or menacing.
- In any way that would be reasonably expected to cause annoyance, inconvenience or needless anxiety;
- As source targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.
5. No licence
Except as expressly provided, nothing contained in these conditions or anywhere on Terrystack.com shall be construed as conferring any licence under any of Terry Stack's or any third party's intellectual property rights.
6. Disclaimer of representations and warranties
Terrystack.com is provided by Terry Stack on an "as is" and "as and when available" basis to users. You use Terrystack.com at your own risk.
Neither Terry Stack nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
- that Terrystack.com will be uninterrupted or error-free;
- that Terrystack.com or the computer server from which Terrystack.com is made available, are free of viruses or other harmful components;
- to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through Terrystack.com.
Terry Stack makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
- Terrystack.com, its content, merchandise, services, documents, information, items or materials provided by Terry Stack in connection with the use of Terrystack.com; or
- any goods or services or information received through or advertised on Terrystack.com or received through links provided on Terrystack.com;
including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
No oral advice or written information given by Terry Stack or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
7. Provision of advice
Terrystack.com may make available certain information provided by third parties. Terry Stack recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession you seek advice from a qualified professional.
8. Limitation of liability
Neither Terry Stack nor its associated content provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.
Under no circumstances will Terry Stack or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of Terrystack.com be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
• the use and reliance on Terrystack.com; or products
• the inability to use Terrystack.com; or
• mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to Terrystack.com including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorized access to Terry Stack's records, programs or services; or
• merchandise, products or services received through or advertised on Terrystack.com and merchandise, products or services received through or advertised on any links provided on Terrystack.com; or
• information or advice received through or advertised on Terrystack.com and information or advice received through or advertised on any links provided on Terrystack.com; or
• any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using Terrystack.com.
Terry Stack is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using Terry Stack is done at your own risk and Terry Stack shall not be responsible or liable for any damages or injury that may result from transmitting such information.
If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Terry Stack with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
10. Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of the United States. Terry Stack controls Terrystack.com from within the country of United States. It can, however, be accessed from other places around the world. Although these places may have different laws from those of United States, by accessing Terrystack.com you agree that the laws of United States, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of Terrystack.com. You and Terry Stack also agree to submit to the non-exclusive jurisdiction of the United States courts, with respect to such matters. Users of Terrystack.com accessing it from places outside of United States acknowledge that they do so voluntarily and are responsible for complying with local laws.