Mindspark Interactive Network, Inc. (collectively, "Mindspark", "we", or "us") is pleased to provide you its website, and the related websites, applications, e.g. tool bars, content, products, forums and services made available, or available for download on the page on which these Terms of Service are posted (collectively, along with the Search Applications described in Section 1, the "MS Services"). Please note that if you use the MyWay Services described in Addendum A, these terms, along with the Supplemental Terms set forth in Addendum A (“Supplemental Terms”), apply to those services as well.
IMPORTANT: BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES WITH MINDSPARK THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 14.
If you have any questions or concerns regarding these Terms of Service, please email us at firstname.lastname@example.org. Do not use the MS Services until your questions and concerns have been answered to your satisfaction and you agree to abide by the terms and conditions of this Terms of Service.
A. Toolbar and Search Application Services. The MS Services offer a number of features that may allow you to enter and perform Internet searches (“Search Applications”), reset your Internet browser's default homepage and/or new tab page, customize widgets, and much more. To use such MS Services you may be required you to install such services into your Internet browser.
C. MyWay Services. As part of the MS Services, you will have access to services made available through the “MyWay” portal, accessible at http://www.myway.com, which includes access to forums, communities, and email account creation and other email services (collectively, the “MyWay Services”). You agree to the SUPPLEMENTAL TERMS set forth below, as to your access and use of the MyWay Services
You must be 13 years of age or older to install or to use the MS Services. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this Terms of Service with you, discuss any questions you might have, and install the MS Services for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access a MS Service, you agree to the terms of this Terms of Service on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this Terms of Service, do not let your child use the MS Services or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the MS Services, please contact us at email@example.com.
You may access the MS Services for personal, non-commercial purposes. Use of the MS Services is void where prohibited. By accessing or otherwise using the MS Services, you hereby acknowledge, warrant, and represent that (i) you have read, understand, and agree to be legally bound, and to abide, by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you purport to be acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
We reserve the right, at any time and from time to time, to temporarily or permanently, in whole or in part, to: (a) modify or discontinue the MS Services, including, but not limited to (i) restricting the time the MS Services are available, (ii) restricting use of certain MS Services to users in specified geographic regions, (iii) restricting the amount of use of the MS Services permitted (which may vary depending on membership level), and (iv) restricting or terminating any user's right to use the MS Services, with or without notice; (b) charge fees in connection with the use of all or part of the MS Services; (c) modify and/or waive any fees charged in connection with the MS Services; and/or (d) offer opportunities to some or all users of the MS Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the MS Services (in whole or in part), any content, or features offered through the MS Services. Your continued use of the MS Services following the posting of changes to these Terms of Service will constitute your acceptance of such changes. We may acquire or develop new MS Services from time to time that require additional terms of service. In such case, we will add these additional provisions in a product specific addendum or section that will only apply to such new MS Service and will not vary the terms of these Terms of Service in relation to your use of existing MS Services (and, as such, we will not be required to notify you of such additional terms unless you also use the new MS Services).
Subject to the terms and conditions set forth herein, and any applicable third party restrictions, Mindspark grants you a revocable, non-transferable, non-exclusive and non-sublicensable, limited right and license, to access and use the MS Services. Mindspark reserves all rights to ownership or use not expressly stated herein, and disclaim any and all implied licenses.
Post, email or otherwise transmit any submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
Post, email or otherwise transmit any submission that infringes any intellectual property and/or proprietary rights of any party;
Post, email or otherwise transmit any illegal, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Post, email or otherwise transmit any material that 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 telecommunications equipment;
Interfere with or disrupt the MS Services or servers or networks connected to the MS Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the MS Services;
Collect or extract data through any robot, bot, software, or other automated method, otherwise “scrape” data posted on or through the MS Services, or manually extract data from the MS Services for any commercial purpose, or authorize any third party to do any of the foregoing;
Interfere with or disrupt the MS Services or servers or networks connected to the MS Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Services.
Please also refer to the MyWay Community Standards in the Supplemental Terms below if you use or access the MyWay Services.
ALL MS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. MINDSPARK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, MINDSPARK MAKES NO WARRANTY THAT THE MS SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE MS SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE MS SERVICES OBTAINED WILL MEET YOUR EXPECTATIONS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF AN MS SERVICES REMAINS SOLELY WITH YOU.
MINDSPARK EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO SERVICES PROVIDED BY THIRD PARTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MINDSPARK 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 (EVEN IF MINDSPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE MS SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MS SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE MS SERVICES. IN NO EVENT SHALL MINDSPARK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MS SERVICES.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE MS SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
Mindspark may in its sole discretion and at any time terminate your use of the MS Services (including without limitation the MyWay Services) and/or disable your use of the MS Services, for any or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with the term or policies applicable to your use of the MS Services. We may do so without advance notice, such as (but not limited to) if we discontinue the MS Services or any aspect or features of them. Further, you agree that Mindspark shall not be liable to you or any third-party for any termination of your access to the MS Services.
The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.
You acknowledge that the MS Services contain software, graphics, photos, or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Mindspark generated Content and Content provided to Mindspark by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Mindspark owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the MS Services. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website, the MS Services or networked computer environment is strictly prohibited.
The Mindspark, MyWay, MyWebSearch, Ask and Ask.com name, logos and affiliated properties, are the exclusive property of Mindspark Interactive Network, Inc. and/or our corporate affiliates. All other trademarks appearing on the MS Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the MS Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the MS Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Further, we own and assert a copyright in the selection, coordination, arrangement and enhancement of this website. Our partners may also have additional proprietary rights in the content that they make available through the MS Services (such as through the MyWay Services). You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way commercially exploit, any of the content on this website.
A) Copyright Protection of content you display using our services. You are solely responsible for any Content you contribute, submit or display on or thorough your use of the MS Services. It is your obligation to ensure that such content, including photos, text, video and music files, is not violating any copyright. You must either own or have a license to use any copyrighted content that you contribute, submit or display.
B) Mindspark Copyright Protection Policy. Mindspark respects and expects its users to respect the rights of copyright holders. On notice, Mindspark will act appropriately to remove content that infringes the copyright rights of others. Mindspark reserves the right to disable the access to MS Services or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe a MS Service, or elements, infringe your copyright rights, Please contact Mindspark Interactive Network, Inc.'s Copyright Agent at:
Mindspark Interactive Network, Inc.
29 Wells Avenue, Suite 300
Yonkers, NY 10701
ATTN: Copyright Agent/Legal Dept.
Please ensure you communication includes the following:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of,(sufficient for us to locate it) 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 owner or authorized to act on the copyright owner's behalf.
C) Objectionable Content. Mindspark may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Mindspark's sole discretion. "Objectionable Content" includes, but is not limited to:
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous;
Content that is hateful, or advocates hate crimes, harm or violence against a person or group;
Content that may harm minors in any way;
Content that has the goal or effect of "stalking" or otherwise harassing another user;
Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
Content that is vulgar, offensive, obscene or pornographic;
Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Material that 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 telecommunications equipment.
D) Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through the use of the Website. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of marketing and/or promotion of the MS Services. If, at our request, you send content (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Mindspark. None of the Submissions shall be subject to any obligation of confidence on the part of Mindspark, and Mindspark shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Mindspark shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
E) Repeat Infringer Policy. Mindspark will terminate a user's access to a MS Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
F) No Intended Third Party Beneficiaries. No third party is an intended beneficiary of this License.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the MS Services, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the MS Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). AS FURTHER SET FORTH IN SECTION 14, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Mindspark and you agree that Mindspark and you will resolve any disputes, claims or controversies on an individual basis, and that any disputes, claims, and controversies arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability) or the MS Services (for example, relating to any person’s access to or use of the MS Services, or the provision of content, products, services, or technology on or through the MS Services, or the handling of information collected on the MS Services), will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Mindspark and you further agree that Mindspark and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability) or the MS Services (for example, relating to any person’s access to or use of the MS Services, or the provision of content, products, services, or technology on or through the Service, or the handling of information collected on the MS Services).
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Mindspark, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Service (such as with respect to their validity or enforceability) or the MS Services (for example, relating to any person’s access to or use of the MS Services, or the provision of content, products, services, or technology on or through the MS Services, or the handling of information collected on the MS Services).
If you have any questions about this Terms of Service or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows:
Mindspark Interactive Network, Inc.
29 Wells Avenue, Suite 300
Yonkers, NY 10701
ATTN: Privacy Officer/Legal Dept.
ADDENDUM A: SUPPLEMENTAL TERMS PERTAINING TO MYWAY SERVICES (THE “SUPPLEMENTAL TERMS”)
Without limiting any of the restrictions, limitations, or rights we have reserved that are set forth in the Terms of Service, the following terms also apply, if you use services provided through the www.myway.com platform, including email services, and access to “MyWay”-branded or provided forums and communities (the “MyWay Services,” as defined in the above Terms of Service).
1. Compliance With Terms of Service and these Supplemental Terms. If you fail to comply with the Terms of Service of these Supplemental Terms at any time, we reserve the right to terminate your access to all or some of the MyWay Services, which may include disabling your MyWay email account. We may discontinue or alter any aspect of the MyWay Services, including, but not limited to, (i) restricting the time the MyWay Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the MyWay Services, at our sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the MyWay Services. You are also responsible for obtaining or providing all access lines, including DSL, cable, or other network services or devices necessary to access the MyWay Services.
2. Registration. In order to use certain of the MyWay Services, such as email-related services, you must provide certain registration information. You agree that MyWay user names are our property, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, an MyWay user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you unless it is your purpose to do so.
If you elect to register to use the MyWay Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the MyWay registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect that such is the case, we may suspend or terminate your account and refuse any and all current or future use of the MyWay website and/or MyWay Services (or any portion thereof).
In addition to any other Registration Data we may require, to register with MyWay you will be required to choose a password and an account name. You are solely responsible for maintaining the confidentiality of any password you may use to access the MyWay Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the MyWay Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the MyWay Services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5. Forums; Email Service. Through MyWay-branded products and services, we may offer users access to Forums, and may also provide registered users with access to email services. A "Forum" refers to a bulletin board, virtual community or other means for users to engage in public commentary or discussion. Forums and e-mail services are offered for personal, non-commercial use only. You agree to not, without our express written approval, distribute or otherwise publish via any of the MyWay Services any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
As with all MyWay Services, your privilege to use MyWay email and participate in the Forums is dependent on your continued compliance with the Terms of Service and Supplemental Terms, specifically including the Community Standards and Conduct listed below. We may revoke your privileges, terminate your registration/account or take any other measures deemed by us to be appropriate, in our sole discretion, to enforce the Terms of Service and Supplemental Terms if violations are brought to our attention.
In addition to any other rights or remedies available to it, MyWay reserves the right to immediately suspend, terminate, access and investigate the email or user account of any user upon receipt of a subpoena or law enforcement request, or when MyWay believes, in its sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM) or any harassing email messages, or with any fraudulent, misleading, harmful or illegal activities. Because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages of $5 for each piece of unsolicited bulk email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay our actual damages, including any associated attorney’s fees, to the extent such actual damages can be reasonably calculated.
You should consider all Forum communications to be public and not private communications. Although we reserve the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.
We reserve the right to monitor some, all, or no areas of the Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute content, we act as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any content or activities in any Forum or email.
6. Submissions. If, on your own or at our request, you submit content (e.g., postings to Forums, responses to surveys, etc.), communications, creative suggestions, ideas, notes, drawings, or other information (collectively, "Submissions"), you hereby grant us, and our corporate affiliates, a royalty-free, perpetual, irrevocable, sub-licensable, transferable, worldwide license to use, copy, modify, incorporate into other works, display, perform, transmit and distribute such Submissions or any portion thereof, in or through any medium, whether now known or hereafter created. We shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the submitter. You represent and warrant that you own the contents of any Submission or otherwise have sufficient rights in the Submission to grant to us the license set forth above.
7. MyWay Email Storage and Delivery; Termination of Inactive Accounts. If you obtain email services as part of the MyWay Services, the amount of email storage space per member may be limited. Email accounts may be archived at such time intervals as we or our third party service provider(s) determine in their sole discretion. Some Email messages may not be processed due to space constraints, outbound message limitations or disruptions in the system(s). You agree that we are not responsible or liable for the deletion or failure to store messages or other information.
Email accounts may be terminated and/or deleted from our system if they remain inactive for a period of ninety (90) or more days. In the event of a suspension or deletion of an email account, messages (whether sent, received, in draft form or archived) and address book entries will no longer be accessible.
8. Additional Disclaimers Applicable to the MyWay Services. In addition to the Disclaimers of Warranties set forth in the Terms of Service, Please Note the below disclaimers applicable to the MyWay Services:
b. Disclaimer: No Service-Level Commitments. There are no service-level commitments made with regard to the MyWay Services. Without limitation, we make no warranty that the MyWay Services will meet your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the MyWay Services will be accurate or reliable, or that the quality of any products, services, information or other material obtained through the MyWay Services will meet your expectations.
c. Disclaimer: No Warranty As to Downloaded Materials. Any material you download or otherwise obtain through the use of the MyWay Services is downloaded or obtained at your sole risk and you will be solely responsible, assume all risk, as to any damage to your computer system or loss of data that results from the download of any such material.
d. Disclaimer: No Warranty As to Advice or Information. No advice or information obtained by you from MyWay Personnel, or through the MyWay Services, including any content posted or linked to, shall create any representation, warranty or guaranty not expressly provided for in these Terms of Service.
e. Disclaimer Regarding Financial Information. The MyWay Services may allow you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The MyWay Services, including all such financial information, are provided for informational purposes only, and no information you may obtain is intended by us to be used for trading or investing purposes. We shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the MyWay Services, and shall not be liable for any trading or investment decisions made based on such information. Content posted on or through this website is not a substitute for the advice of a financial adviser or other professional, and should not be relied on as such.
f. Disclaimer Regarding Shopping Retailers.
The MyWay Services may provide shopping services to help you locate and potentially purchase products from online and offline retailers. We do not control these independent retailers, nor do we provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.
When using or accessing the MyWay Services, you acknowledge and agree that:
We do not endorse any of the products or services linked to, from or through the MyWay Services, nor have we taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through us or through their own Web sites. We expressly disclaim any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
9. MyWay Community Standards. In addition to the Community Standards and Conduct set forth in the Terms of Service, above, if you use or access the MyWay Services, you agree not to use the MyWay Services (including, without limitation, the email service and the Forums) to:
upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm or provide inappropriate content to minors;
impersonate any person or entity, including, but not limited to a Mindspark or MyWay employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the MyWay Services;
solicit other users of the MyWay Services to join or become members of any online or other service;
upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email or otherwise transmit any material that 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 telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the MyWay Services or a MyWay Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the MyWay Services or servers or networks connected to the MyWay Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the MyWay Services;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another member or user of the MyWay Services; or
collect or store personal data about other users, or members.