End user agreement for My 811 for Firefox
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use are a binding, legally enforceable agreement between you and 811 for access to 811's website and use of its Services. By using 811’s website and/or Services, you expressly agree to abide by the following Terms and Conditions of Use.
Violation of any prohibitions listed below will result in 811 terminating your use of and access to its website and/or Services, and/or taking any other action 811 deems appropriate in its sole and exclusive discretion, without prior notice to you and without liability to 811.
One of the features offered by 811 is one-to-one (or person-to-person) transmission of information between a personal computer and a mobile phone. Such information is sent by an 811 user to a single, designated recipient. 811 does not allow for users to distribute such information widely; 811 allows only the transfer of information from a single user to a single recipient.
Because it is not technologically feasible for 811 to monitor users’ transmissions, 811 does not do so. 811 also does not index the information transmitted by users. The process by which user information is transmitted from a user to a recipient is through an automatic, nonvolitional process, solely in order to effectuate the transmission of such information from user to recipient.
811 does not sponsor or endorse any or information sent through our website and/or Services. 811 specifically disclaims any liability with regard to your use of our website and/or Services, and any consequences resulting from your use of our website and/or Services.
811 is not responsible for the delay of messages and/or information being delivered to the recipient. 811 is not responsible for the loss or misdirection of such messages and/or information. You acknowledge and understand that information that you send through 811’s website or Services may be intercepted by third parties without your or 811's permission. 811 is not responsible for the interception of such information, or for the content of messages sent to individuals or business/entities.
811 is dedicated to fighting Spam.
811 prohibits the use of its website and/or Services in any manner associated with the distribution or transmission of any unsolicited message or information, whether by bulk transmission or otherwise (also know as Spam). You may not use 811’s website or Services to send Spam or any other type of unsolicited communication.
1. Individual Usage
By using 811's website and/or Services as an individual, you represent that you are over the age of 18, or have parental permission to use 811’s website and Services if you are under the age of 18.
2. Usage as a Business or Other Entity
If you use 811's website or Services for your business or other entity, you represent that you have the authority of your business or other entity to use 811’s website and/or Services on behalf of that business or entity. Using 811’s website of Services on behalf of a business or other entity for the purposes of marketing, promotion, and/or advertising is not permitted.
3. Recipient Consent
By using 811’s website and/or Services, you agree that you have obtained prior consent from the recipient to whom you are sending information. You acknowledge and understand that the recipient may incur additional costs or charges for receiving information from you, depending on the recipient's cellular provider plans and agreements, or other factors, and that 811 is not responsible for any such additional costs or charges.
4. Access to the Website and Services
4.1 In order to use 811's website and Services, you must obtain access to networking resources that accommodate our website and Services. You are solely responsible for paying any third-party fees, charges, and costs associated with such access.
4.2 You must provide all hardware and/or other equipment, at your own expense, necessary to use 811's website and Services.
4.3 You acknowledge and understand that your ability to use 811's website and Services may be subject to consumer contracts, roaming fees, different charges and/or any other expenses established and enforced by your ISP, cellular provider, and/or other applicable service provider, all of which are solely your responsibility, and are not the responsibility of 811.
5. Modifications of Terms and Conditions of Use and of Services
5.1 811 reserves the right to update, modify, or revise these Terms and Conditions of Use and/or impose new Terms and Conditions of Use at any time, and without prior notice to you. Any such updates, modifications, and revisions shall be effective immediately upon our posting of them to this Terms and Conditions of Use page of our website. Your access to and use of 811’s website and Services shall constitute your acceptance of the Terms and Conditions of Use that are in effect at time of your usage, and your continued use of the website and/or Services following the posting of any changes shall indicate that you agree to and accept all such changes.
5.2 811 reserves the right to modify, revise, limit, suspend or discontinue the website and/or Services in whole or in part, either temporarily or permanently, with or without notice to you. 811 is not obligated to support or update the website and/or its Services. 811 shall have no liability to anyone if it determines, in its sole and exclusive discretion, to exercise these rights. You agree that your use of, or inability to use, 811’s website and Services is at your sole and exclusive risk.
You agree to indemnify, release, and hold harmless 811 and any and all of its parents, subsidiaries, affiliates, employees, oficers, directors, contractors, investors, licensors, agents, and representatives from any and all claims, liabilities, direct or indirect costs, damages, and expenses from any third party due to, arising out of, in connection with, or relating to, your use of the website and/or Services
7. Mandatory Use of Search Services
In order for you to use 811's Services, you expressly acknowledge and agree that you will use 811 Search Services to search the world wide web and that these 811 Search Services will operate as your default search service. In order to do so, you must download the "My 811". The "My 811" will install itself on your computer as a web browser addition, and will become your default search service. The "My 811" automatically will install updates on your computer to provide 811’s latest services as those services become available. You expressly acknowledge and agree that the "My 811" will be installed on your computer and that 811 Search Services will operate as your default web search.
You understand and agree that any and all information that you transmit, display, or access on 811’s website and Services is governed by all applicable laws including, without limitation, copyright and obscenity laws.
You agree NOT to do any of the following when using 811’s website and/or Services:
8.1 Transmit or display any files and/or messages that contain unlawful, harassing, embarrassing, threatening, abusive, hateful, defamatory, obscene, pornographic, profane or otherwise offensive information.
8.2 Transmit or display any harmful information, including, without limitation, Viruses, Trojan horses, Worms, or any other computer programming code that may damage, or interfere with, 811's website and/or services.
8.3 Transmit any unsolicited commercial messages or information (including but not limited to email and SMS) or "Spam," or offer any services, schemes, or other promotions.
8.4 Transmit any information that violates the copyright, trademark, patent, trade secret, right of publicity, or other intellectual property rights of any person or entity.
8.5 Attempt to engage in, or encourage or support others' attempts to engage in, any of the following activities:
Inserting viruses, Trojan horses or any other code
Altering or interfering with the website or Services
Providing false information or impersonating another person
9. Copyright Infringement Claims
811 respects the intellectual property rights of others. In order to use 811’s website and Services, you must do the same. Violation of others’ intellectual property rights may result in 811, without prior notice, terminating your use of and access to its website and/or Services, and/or taking any other action 811 deems appropriate in its sole and exclusive discretion. If you believe that your work has been used by an 811 user in a manner that constitutes copyright infringement, you should provide the following information to 811’s Copyright Agent in a written communication:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner whose rights are allegedly being infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing along with information sufficient to permit 811 to locate the material;
Your address, telephone number, and e-mail address so that we may contact you as necessary;
A statement that you have a good faith belief use of the material is not authorized by the copyright owner; and
A statement by you, under penalty of perjury, that you are authorized to act on behalf of the copyright owner and that the above information that you have provided in your claim of infringement is accurate.
To contact Copyright please write to:
Copyright Agent 811.com
PO BOX 7339
Beverly Hills, Ca
10. Potentially Offensive or Illegal Information
You acknowledge and understand that, by using 811’s website and/or Services, you may encounter information that may be offensive, indecent, or illegal in some states or countries. 811 does not exercise control over the websites and/or information displayed as search results or links accessed by use of the 811 website or Services, and makes no representations with respect to such information. You agree that you use 811’s website and/or Services at your sole and exclusive risk, and that 811 is not liable or responsible for any such offensive, indecent, or illegal information. If you are offended by any such information, or are located in a jurisdiction that prohibits such information or prohibits the use of 811’s website and/or Services, DO NOT USE 811’s website or Services.
10. Intellectual Property
You acknowledge and understand that all content originating from 811, including, but not limited to, jokes, horoscopes, ringtones, and other original content, and graphics and layout of the website, logos, trademarks, and service marks, constitute proprietary information and material that is owned by 811 and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark, and you agree that you will not use such proprietary content or information in any way whatsoever without the express, written permission of 811. No portion of 811’s original content, website, or Services may be reproduced in any manner or by any means. You agree not to create or distribute any derivative works based on 811’s original content, website, or Services, and you shall not exploit the website or Services in any way whatsoever unless expressly authorized by 811.
12. No Warranties/ Disclaimers
811 EXPRESSLY DISCLAIMS THAT 811’S WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE OR SERVICES WILL PROVIDE SPECIFIC RESULTS. THE 811 WEBSITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE OR BY THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. 811 CANNOT AND DOES NOT ENSURE THAT ANY INFORMATION THAT YOU ACCESS, RECEIVE, OR TRANSMIT WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. 811 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 811 FURTHER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE 811 WEBSITE AND/OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND SERVICES. YOUR SOLE REMEDY AGAINST 811 FOR DISSATISFACTION WITH THE WEBSITE OR SERVICES IS TO STOP USING THE WEBSITE AND/OR SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
13. Governing Law And Dispute Resolution
You agree that all disputes arising from or relating to your access to or use of 811’s website and/or Services will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions, and that they will be resolved exclusively in the state or federal courts located in Los Angeles County, California. You further agree that you are subject to the personal jurisdiction of, and venue in, the state and federal courts located in Los Angeles County, California, in connection with any and all disputes arising from or relating to your access to or use of 811’s website and/or Services, and you expressly waive any and all objections to such jurisdiction or venue.
Should any of the provisions of these Terms and Conditions of Use be held void or unenforceable by a court or other tribunal of competent jurisdiction, the remainder of these Terms and Conditions of Use shall remain in full force and effect.