TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE OR THE SERVICE. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THIS WEBSITE AND ALL SERVICES PROVIDED THROUGH THIS WEBSITE. BY USING THIS WEBSITE OR THE SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THIS WEBSITE, THE SERVICE OR ANY INFORMATION, MATERIALS OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE OR ON OR THROUGH THE SERVICE. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY DPDATASEARCH FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE WEBSITE OR THE SERVICE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE OR THE SERVICE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. THE MOST CURRENT VERSION OF THESE TERMS OF SERVICE CAN BE REVIEWED AT ANY TIME AT: www.LookNow.com/TOU.html.
1. The Service. DPDatasearch Inc. and its subsidiaries (collectively, "DPDatasearch") maintain this website to allow individual users to conduct personal, non-commercial Internet information searches (hereinafter the "Service"). This website and the Service are made available for your personal, non-commercial use only. You may not use this website or the Service to sell a product or service, or to increase traffic to Your website for any reason, including, commercial reasons, such as advertising or sales. You may not take the results from any type of web search and reformat and display those searches, or mirror this website or results pages generated on this website on Your own website. You shall not resell the Service, the use of the Service, or access to the Service or any portions of this website or the content of this website. If You want to make commercial use of this website or the Service, You must enter into an agreement with the DPDatasearch. Please contact DPDatasearch for more information. DPDatasearch may alter, suspend, or discontinue this website or the Service at any time and for any reason or no reason, without notice. The website and Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. DPDatasearch may periodically add to or update the information, materials or other content on this website or in the Service without notice.
You acknowledge and agree that access to this website and the Service may be provided with advertisements and that the presentation of these advertisements to You is necessary to enable DPDatasearch to provide access to this website and the Service. If You elect to have any business dealings with anyone whose products or services may be advertised on the website or through the Service, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that DPDatasearch shall not have any responsibility or liability for any loses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the website and the Service and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the website and/or the Service. It is Your responsibility to ascertain whether any information, materials or other content downloaded from this website or through the Service are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
2. Ability to Contract. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or any other applicable jurisdiction. Please be aware that certain links, websites or information, materials or other content displayed as a result of search requests submitted to the website or the Service may contain adult or mature content. You shall be solely responsible for all of Your activities on the website (including Your use of the Service).
3. Conduct. You shall not (a) copy or distribute any part of this website or the Service, (b) alter or modify any part of the website or the Service, (c) interfere with or disrupt the website or Service or servers or networks connected to the website or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the website or the Service; or (d) intentionally or unintentionally violate any applicable local, state, national or international law or regulation. You also agree not to access the website or the Service in a manner that utilizes the resources of the website or the Service more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of this website.
4. Information, Materials and Other Content Made Available Through the Website or the Service. You acknowledge that DPDatasearch may not pre-screen material on the website or made available through the Service. Notwithstanding the foregoing, DPDatasearch and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move, remove or block any materials that may be made available via the website or the Service. Without limiting the generality of the foregoing, DPDatasearch and its designees shall have the right to block or remove any information, material or other content that may be made available through the website or the Service that violates these terms of service, is otherwise objectionable as determined by DPDatasearch in its sole discretion, or may not be made available at the request of the applicable rights holder or by demand of an applicable legal authority. All users and viewers acknowledge that they must evaluate, and bear all risks associated with, the use of any information, materials or other content made available on the website or through the Service.
5. Intellectual Property Rights. This website, and the information, materials and other content that it contains, are the property of DPDatasearch and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. DPDatasearch does not provide any representations, warranties or conditions that You are entitled to use any information, materials or content made available to You through this website or the Service and Your use of any such information, materials or other content shall be subject to the rights of the applicable owners of such information, materials or content. You hereby represent and warrant to DPDatasearch that You shall obtain or confirm that you are permitted to utilize any information, materials or content made available to You through this website or the Service prior to utilizing such information, materials or content. LookNow is a trademark or a registered trademark of DPDatasearch Inc. in Canada and certain countries. All DPDatasearch product names and logos are trademarks or registered trademarks of DPDatasearch. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this website or in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or the Service or any information, materials, or other content displayed on this website or through the Service, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions and the applicable rights owner; or (b) with the prior written permission of the applicable rights owner. You shall not attempt to override or circumvent any of the usage rules or restrictions on the website or in the Service. This website is Copyright (c) 2007 DPDatasearch. All rights reserved. If You provide DPDatasearch with any suggestions, comments or other feedback ("Feedback") relating to the website or the Service, DPDatasearch may use such Feedback in the website or the Service or in any other DPDatasearch products or services (collectively, "DPDatasearch Offerings"). Accordingly, You agree that: (a) DPDatasearch is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to DPDatasearch, (c) DPDatasearch (including all of its successors and assigns and any successors and assigns of any of the DPDatasearch Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any DPDatasearch Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from DPDatasearch or any of the users of the website or the Service.
6. Use of the Website and the Service. All information, materials and other content, accessed by You through the website or the Service shall be at Your sole risk. This means that You and not DPDatasearch, are entirely responsible for all information, material or other content You may view, download, use, or otherwise acquire access to using the website or the Service. DPDatasearch does not control the content of the websites or links that may be access through use of this website or the Service and does not guarantee the accuracy, integrity or quality of such content. You acknowledge that by using the website or the Service, You may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will DPDatasearch be liable in any way for any information, materials, or other content, including, but not limited to, for any errors or omissions in any information, materials, or other content, or for any loss or damage of any kind incurred as a result of the viewing or use of any information, materials, or other content made available on the website or through the Service.
7. DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION, MATERIALS OR OTHER CONTENT MADE AVAILABLE THROUGH THIS WEBSITE OR THE SERVICE (INCLUDING THE INFORMATION, MATERIALS OR OTHER CONTENT ON THE WEBSITE ITSELF OR IN THE SERVICE ITSELF) ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, DPDATASEARCH DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (i) THE INFORMATION, MATERIALS OR OTHER CONTENT MADE AVAILABLE THROUGH THIS WEBSITE OR THE SERVICE (INCLUDING THE WEBSITE AND THE SERVICE THEMSELVES) ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEBSITE OR PROVIDED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE INFORMATION, MATERIALS OR OTHER CONTENT MADE AVAILABLE THROUGH THIS WEBSITE AND THE SERVICE INCLUDING THE WEBSITE AND SERVICE THEMSELVES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DPDATASEARCH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION, MATERIAL OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH INFORMATION, MATERIAL OR OTHER CONTENT. DPDATASEARCH DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR THE SERVICE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR IN THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE OR IN THE SERVICE, AND DPDATASEARCH SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL DPDATASEARCH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR THE SERVICE OR ANY OF THE INFORMATION, MATERIALS OR OTHER CONTENT CONTAINED ON THIS WEBSITE OR MADE AVAILABLE THROUGH THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OTHER CONTENT OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE INFOMRATION, MATERIALS OR OTHER CONTENT ON THE WEBSITE OR OBTAINED THROUGH THE SERVICE OR MADE AVAILABLE THROUGH THE WEBSITE OR THE SERVICE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICE, OR (V) ANY ERRORS OR OMISSIONS IN ANY INFORMATION, MATERIAL OR OTHER CONTENT ON THE WEBSITE OR MADE AVAILABLE THROUGH THE SERVICE OR ON THE WEBSITE OR IN THE SERVICE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF DPDATASEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9. INDEMNIFICATION YOU SHALL INDEMNIFY AND HOLD DPDATASEARCH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT ANY INFORMATION, MATERIALS OR OTHER CONTENT TRANSMITTED OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE SERVICE, YOUR USE OF THE WEBSITE OR SERVICE, ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), OR ANY VIOLATION BY YOU OF ANY APPLICABLE RULE, LAW, REGULATION OR CONTRACTUAL OBLIGATION.
10. Links to Third-Party Websites. This website and the Service may contain links to other websites that are not owned or controlled by DPDatasearch. DPDatasearch is not responsible for the content of any linked websites. Any third-party websites or services accessed from the website or Service are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website or in the Service of a link to any non-DPDatasearch websites does not imply that DPDatasearch endorses or accepts any responsibility for the content or use of such websites, and You hereby release DPDatasearch from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
11. Jurisdictional Issues. DPDatasearch does not make any representations and does not give any warranties or conditions that the information, materials or other content on this website or in the Service or accessed or made available through this website or the Service are appropriate or available for use outside Canada. If You choose to access this website from outside Canada, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, You shall comply with all local rules regarding online conduct. Specifically, You shall comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which You reside and the import of technical data into the country in which You reside. These terms of service are governed and interpreted pursuant to the laws of the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to these terms of service. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario, Canada. Any dispute that You bring arising out of or relating to these terms of service, the website, the Service or any information, materials or other content on the Website or in the Service or made available through the website or the Service shall be resolved by arbitration conducted in the English language in Ottawa, Ontario, Canada. For any such arbitration, the parties shall appoint as sole arbitrator a retired judge who presided in the Province of Ontario. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, application may be made to any court for a judicial acceptance of the award or order of enforcement. DPDatasearch shall be entitled to bring any action, proceeding or claim against You, or seek injunctive relief, security, or other equitable remedies, in any court of competent jurisdiction.
12. Termination. DPDatasearch may, under certain circumstances and without prior notice, immediately terminate Your ability to access the website or receive the Service or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the terms of service or any other agreement You may have with DPDatasearch (including, without limitation, non-payment of any fees owed in connection with the website or the Service or otherwise owed by You to DPDatasearch), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website or the Service (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. You acknowledge and agree that all terminations may be made by DPDatasearch in its sole discretion and that DPDatasearch shall not be liable to You or any third-party for any termination of Your access to this website or the Service and any such termination shall be in addition to any and all other rights or remedies that DPDatasearch may have.
13. Enforcement of Terms and Conditions. If any part of these terms of service is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of DPDatasearch to exercise or enforce any right or provision under these terms of service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by DPDatasearch must be in writing and shall only apply to the specific instance identified in such writing. No waiver by DPDatasearch of any provision of these terms of service shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or the Service or Your use of this website or the Service must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
14. Assignment. You may not assign the terms of service, or any rights granted hereunder, whether voluntarily, by operation of law, or otherwise without DPDatasearch's prior written consent. DPDatasearch may assign the terms of service, or any rights or licenses granted hereunder, at any time without notice.
15 Survival. In addition to Sections 7, 8, and 9, all representations, warranties and conditions made by You in these terms of service shall survive the termination of these terms of service.
16. Entire Agreement. These terms of service, together with the DPDatasearch privacy policy, which may be accessed at www.LookNow.com/Privacy.html, constitutes the entire agreement between the parties relating to the website and the Service and all related activities. These terms of service shall not be modified except in writing signed by both parties or by a new posting of these terms of service issued by DPDatasearch.