Terms of Use - Inuvo.com

Terms of Use

           

Welcome to INUVO, INC., a Nevada Corporation (“INUVO”). We maintain this Web site (the “Site”) as a service to its visitors and by your use of this site, you agree to comply with and be bound by the following terms of use. It is important to review the following terms carefully. If you do not agree to these terms, you have no right from INUVO to obtain information from or otherwise use this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties.

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to this Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and are and/or remain the subject matter of this Agreement. This Agreement may be amended at any time and for any reason by INUVO without specific notice to you. The Agreement will be posted on the Site, and should be reviewed prior to each use of the Site. We reserve the right in our sole discretion to change, edit or delete any documents, information and/or other content appearing on the Site. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.

COPYRIGHT

Your use of this Site does not provide you any ownership rights to any content, document or other materials viewed through the Site. All content, forms, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site remain the sole property of INUVO and as such, are protected under all applicable copyrights, trademarks, ,including, but not limited to intellectual property and other proprietary rights. Copying, redistribution, use or publication by you of any matters, content or any part of the Site is prohibited, except as allowed under “Limited Right to Use” below.

LIMITED RIGHT TO USE

No part of the Site, including but not limited to any content, graphic, form or document may be copied or reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, non-commercial use (but not for resale or redistribution). Your viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site grants you only a revocable, non-exclusive license for use solely by you for personal, non-commercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.

INDEMNIFICATION

You agree to indemnify, defend and hold INUVO and their respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, ” Affiliated Parties”) harmless from any liability, loss, claim or expense, including reasonable attorney’s fees, related to your use of the Site or violation of this Agreement.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INUVO DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) ANY DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL ‘INFORMATION’ AND ‘COMPUTER PROGRAMS’ PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

INFORMATION AND PRESS RELEASES

The Site contains interviews, discussions, press releases and other information (collectively, “Information”) about INUVO, INC., our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site. While all Information prepared by INUVO was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than INUVO that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of INUVO, are solely those of the author(s) and do not necessarily reflect those of INUVO. With respect to Information, contained in links to third-party websites, please refer to “Links to Other Websites” below.

Links to Other Websites. Links to third-party websites on this Site may be provided solely as a convenience to you. If you use these links, you will leave the Site. INUVO has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, INUVO does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

Warranty Disclaimer. The computer programs, information and other content available from or through the Site are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed. To the fullest extent permissible pursuant to applicable law, INUVO disclaims all warranties express or implied, including, but not limited to, any such warranties that:

any computer programs or the information available from or through the Site, or the Site itself will be merchantable or fit for a particular purpose;
any computer programs or the information available from or through the Site, or the Site itself will be uninterruptible or error-free;
any or all defects will be corrected;
there are no viruses or other harmful components;
the security methods employed will be adequate and sufficient to__________;
guarantee correctness, accuracy, or reliability;
guarantee assurance against interference with your enjoyment of the computer programs or information, or against the infringement thereof.
All ‘information’ and ‘computer programs’ provided in the course of this Agreement are provided with all faults and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you as the user.

The negations of damages set forth above are fundamental elements of the basis of the Agreement between us and you. The information and other content available from or through the Site, and the Site itself, would not be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through the Site shall create any warranty, representation or guarantee not expressly stated in this agreement.

Visitors’ Communications. All comments, feedback, information, or materials that you submit through or in association with the Site, shall be considered non-confidential, except where expressly provided otherwise by us. By submitting such comments, feedback, information, or materials to us:

1. You represent and warrant that INUVO’s use of your submission does not and will not breach any agreement, violate any law, or infringe any third party’s rights;
2. You represent and warrant that you have all rights to enter into this agreement;
3. INUVO is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and
4. You grant INUVO all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by INUVO to anyone whatsoever.

INUVO, INC. does not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials.

FORWARD-LOOKING STATEMENTS

This web site may contain “forward-looking statements” within the meaning of applicable securities legislation. These forward-looking statements may include, among others, statements regarding: expectations as to operational improvements; expectations as to cost savings, revenue growth and earnings; the time by which certain objectives will be achieved; estimates of costs or other developments, products and services; expectations that claims, lawsuits, commitments, contingent liabilities, labor negotiations or agreements, or other matters will not have a material adverse affect on our consolidated financial position, operating results, prospects or liquidity; projections, predictions, expectations, estimates or forecasts as to our financial and operating results and future economic performance; and other matters that are not historical facts.

Forward-looking statements should not be read as guarantees of future performance or results, and will not necessarily be accurate indications of whether or the times at or by which such performance or results will be achieved. Forward-looking statements are based on information available at the time they are made and/or management’s good faith belief at the time they are made with respect to future events, and are subject to risks and uncertainties that could cause actual performance or results to differ materially from those expressed in the statements.

Forward-looking statements speak only as of the date the statement was made. We assume no obligation to update forward-looking information to reflect actual results, changes in assumptions or changes in other factors affecting forward-looking information. If we update one or more forward-looking statements, no inference should be drawn that we will make additional updates with respect thereto or with respect to other forward-looking statements.

Updated October 2013

            

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