"Listing" refers to on or more linked web pages that a subscriber has chosen to be hosted by Us so that the subscriber can provide information about the subscriber's organization or business.
"Posting" refers to content posted by one of Our users.
As used in the Agreement "We", "Us", "Our" and "HoursMap" refer to jurist811.ru and all the agents, subcontractors, contractors, subsidiaries, parents, affiliates, successors, and assigns, of jurist811.ru, if applicable.
"You", "Your" and "User" refer to You, a user of Our Site, and all Your agents, contractors, subcontractors, subsidiaries, parents, affiliates, successors, and assigns. "Your Account" and "User Account" refer to Your user account, accessible by logging in with Your user ID and password.1. jurist811.ru Site.
(a) Use of jurist811.ru Site and Registration. You are not required to register with Us in order to use Our Site. However, registering with Us will allow You to use certain features of Our Site. You agree to provide accurate and complete information when registering.
(b) Posting Guidelines. Any content that you post on Our Site is subject to the then-current version of the Posting Guidelines, which are incorporated herein by this reference. You can access a copy of the Posting Guidelines by clicking here. Defined terms used in the Agreement shall have the same meaning as in the Posting Guidelines.
(c) Account Identifiers and Internet Addresses. You acknowledge that Your use of Our Site or registration of Your Account does not give You any ownership or other rights in any Internet identifiers provided to You, including, but not limited to, Your Account IDs, web addresses, and passwords. We may modify or change these identifiers at any time without notice and shall in no way be required to compensate You for these changes. You acknowledge that We reserve the right (but not the obligation) to log off accounts that are inactive for an extended period of time.
(e) Maps. The maps, including, without limitation, all data and features related thereto, on Our Site ("Maps") are provided for informational purposes only. No representation is made or warranty given as to the Maps' accuracy or completeness or to road conditions or usability. You assume all risk of use.
(f)Web Clients. We reserve the right to limit, without notice, connections from certain automated web clients if We decide, in Our sole discretion, that the use of such clients hinders or interferes with Our Site.
(g)Automated Means.We reserve the right to prohibit, without notice, the use of automated means, including, without limitation, spiders, scrapers, crawlers, robots, data mining tools, or the like to download or access data from Our Site.
(h) Suspension. We shall have the right (but not the obligation) to immediately suspend or disable Your Account and Your use of Our Site without notice, at Our sole discretion, for any reason or no reason.
(i)Links to Other Sites. We may provide links to other sites ("Linked Website"). We do not endorse these Linked Websites and have no responsibility for these sites, including, without limitation, any content, objectionable material, virus, product, or service that may be contained in these sites.
(j) Capacity. We reserve the right to, in Our sole discretion, from time to time, without notice to You, determine the amount of resources that shall be allocated to support Our Site and that are available to each user, including, but not limited to, the amount of bandwidth to be utilized for Our Site, the amount and duration of storage for Your Account or Your Posting(s), the size of Your Posting(s), the frequency, duration, and maximum number of times that You may modify Your Posting(s) or otherwise access Our Site or Your Account in a given period, the data transfer bandwidth of Your Posting(s), or the frequency, duration, and maximum number of times that other users may access Your Posting(s) in a given period. You must comply with all current bandwidth, data storage, and other limitations on Our Site established by Us.
(k) Eavesdropping. Our facilities are used by numerous persons or entities including, without limitation, other users of Our Site and subscribers to the Listings. As a result, there is a risk that You could be subject to "eavesdropping." This means that other persons or entities may be able to access or monitor Your use of Our Site. This risk of eavesdropping exists not only with Our facilities, but also on the Internet in general. Any sensitive or confidential information posted, stored, or transmitted by You is done so at Your sole risk.
(l) Other Media and Partner Sites. You agree that Your Posting(s) may be placed, in addition to Our Site,
- (i) on any other site owned or operated by Us;
- (ii) on any site owned or operated by a third party that has an agreement with Us ("Partner") to place Posting(s) on such site owned or operated by Partner ("Partner Site"); or
- (iii) in any other media provided by Us or any Partner, including, without limitation, CDs, DVDs, print, or media designed for use by mobile devices or navigational devices. You agree that Your Posting(s) may be modified or rejected without Your consent to comply with any policy or guideline of Ours or any Partner's. Partner and We shall have no liability from any such decision. Even if Your Posting is placed in a Partner Site or in Partner's media, You agree to direct all communications to Us.
(m) Investigations. We reserve the right (but not the obligation) to investigate complaints or reported violations of the Agreement and to take any action We deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other parties.
(n) Copyright Infringement. We respect the intellectual property of others and may, in appropriate circumstances and at sole Our discretion, terminate, suspend, or disable the accounts and Postings of users who may be repeat infringers of the intellectual property rights of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please notify Us by following the procedures in Our Copyright Notice, which is accessible from a link on Our Site.2. Reliability of Links to Our Site.
(a) Linking to Our Site. You may provide links only to the homepage of Our Site or to Your Posting(s) from another website, provided You (a) do not remove or obscure, by framing or otherwise, any portion of any page on Our Site; (b) keep the links current; and (c) discontinue providing links to Our Site if requested by Us.
(b) Reliability of Links. If You provide links to Our Site from another site, You agree that We may crawl or otherwise monitor each of these sites for the purpose of ensuring the quality and reliability of links to Our Site. Therefore, You agree that You will not seek to block or interfere with such crawling or monitoring. You agree that We may use technical means to overcome any methods used on any such sites to block or interfere with such crawling or monitoring.3. License.
(a) License Grant. We grant to You a non-exclusive, non-transferable, non-sublicensable, personal, revocable license, solely for Your personal or internal business use, to access and view Our Site and place Postings.
(b) Third Party Notices and Licenses. Notices for third party licenses used on Our Site are set forth in Exhibit A.
(c) Trademarks. The jurist811.ru name and logo and other names, terms, logos, slogans, images, and other indicia identifying Our products or services are Our trademarks (the "jurist811.ru Marks"). You shall not display, modify, or otherwise use any of the jurist811.ru Marks in any manner without Our prior written consent. Requests for authorization should be made to All trademarks and service marks contained herein that are not jurist811.ru Marks are the trademarks of their respective owners. The use of jurist811.ru Marks is subject to Our Trademark Guidelines, as those guidelines may change from time to time.
(d) Reservation of Rights. The advertisements, text, data, graphics, files, sound, photographs, Maps, other content, software, and technology contained in Our Site (collectively, the "Site Materials") are protected by copyrights, trademarks, patents and other intellectual or proprietary rights owned by Us or other parties. Except for the limited license expressly and unambiguously granted herein, We and Our suppliers reserve all rights in the Site Materials and jurist811.ru Marks. Nothing in the Agreement confers in You any right of ownership in the jurist811.ru Marks or the Site Materials. You agree that any and all uses of Our intellectual property shall inure to Our benefit.
(e) Proprietary Rights Notices. You shall not alter or remove any copyright notice, trademark notice, patent notice, or any other proprietary legend contained on Our Site or on any material We provide to You.
(f) Restrictions on License.
- (i) No Reverse Engineering. You shall not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code used to operate Our Site. For purposes of the Agreement, "reverse engineering" shall include the examination or analysis of Our Site to determine the source code, structure, organization, internal design, algorithms, or encryption devices of Our Site.
- (ii) No Other Use. Except for the limited license expressly and unambiguously granted in Section 3(a) (License Grant), any other use of any portion of Our Site is strictly prohibited, including, without limitation, to reproduce, modify, create derivative works, port, republish, delete, transmit, publicly display, publicly perform, proxy cache, rent, sell, lease, assign, sublicense, distribute, or use in a manner prohibited by Section 4(a) (Prohibited Uses of Our Site) any portion of Our Site, unless You have obtained prior written consent from Us.
(a) Prohibited Uses of Our Site You shall not
(i) use any portion of Our Site for telemarketing, direct mail, or commercial email purposes, or to otherwise solicit a person or entity listed on Our Site for commercial purposes without the person's or entity's explicit consent; (ii) use any portion of Our Site to harass, abuse, or harm another person or entity or for any illegal purpose; (iii) use any portion of Our Site with any devices, systems, or services which (A) include resident geographic data; (B) enable a continuous or intermittent (i.e., more frequently than once per minute) position determination; or (C) communicate with vehicles or perform any function of real time route guidance, fleet management, vehicle navigation, tracking, positioning, dispatch, or similar applications; (iv) provide any service or product that uses any portion of Our Site for free or for commercial gain or otherwise commercially exploit any portion of Our Site; (v) display or publish any portion of Our Site on another website, CD, DVD, or print, or in any other media, including, without limitation, reformatting, indexing or mirroring any portion of Our Site; (vi) retrieve data or other content from any portion of Our Site to create or compile, directly or indirectly, a collection, compilation, or directory; (vii) use or provide automated means, including, without limitation, any robots, spiders, scrapers, crawlers, data mining tools, or the like (in contravention to Our robot exclusion methods or other measures used to restrict access to Our Site) to access or download data from any portion of Our Site, for any purpose (including but not limited to performing offline searches or mirroring or indexing Our Site in whole or in part); (viii) index or include any portion of Our Site in the results of a search engine contrary to our robot exclusion methods or other measures used to restrict access to Our Site; (ix) provide any portion of Our Site to any other user in any networked or time-sharing environment; or (x) use any portion of Our Site in any manner that is or could reasonably be expected to be used to compete with Our Site.
- (i) Spam. You shall not send unsolicited, commercial messaging ("spam") from, through, or into Our system.
- (ii) Collection of Information. You shall not collect email addresses, screen names, or other identifiers of other users, subscribers to the Listings, or any other party on Our Site, using manual or automatic means, including, without limitation, engaging in a practice sometimes known as spidering or harvesting, or use software designed to facilitate this activity.
- (iii) Discovery Software. You agree not to use any network monitoring or discovery software to extract information about usage or users.
(c) Virus. You shall not upload any virus or other malicious code through or into Our Site;
(d) Laws and Policies. You shall use Our Site in a manner consistent with all applicable laws and regulations and not (i) engage in conduct that would constitute a criminal offense or give rise to civil liability or otherwise (ii) cause violation of any right of any person or entity or breach of any duty towards any person or entity, including, without limitation, rights or duties under consumer protection, product liability, tort, or contract theories.
(e) jurist811.ru Policies and Guidelines. You shall comply with all of Our applicable guidelines ("Guidelines") and policies ("Policies"), including, without limitation, the Posting Guidelines. Such Guidelines and Policies may be revised from time to time.
(f) Account and Password. You are responsible for maintaining the confidentiality of the password that You choose to access Your Account or one that is assigned to You and take full responsibility for Your own, and third parties' use of Your Account, whether or not authorized by You, including, but not limited to, using Your password to sign in to Your Account.
(g) Interactions with Others.
- (i)Endorsements. We do not investigate or endorse the accuracy, quality, suitability, completeness, legality, validity or reliability of any materials made available or described by another party on Our Site (such as in a Listing, Posting, or an advertisement), including, without limitation, any offers, coupons or promotions ("Promotions"), any products or services ("Products"), or any advertisements, text, data, graphics, files, sound, photographs, or any other content ("Content").
- (ii) Availability and Price. All of the information on Products and Promotions, including, but not limited to, the features, prices, and the availability thereof, is subject to change without notice by the party providing the Product or Promotion.
- (iii) Content. You understand that by using Our Site, You may be exposed to Content that is offensive, indecent or objectionable. You agree that You bear all risks associated with the use of any Content, including, without limitation, any reliance on the accuracy, quality, suitability, completeness, legality, validity, or reliability of such Content.
- (iv) Interactions. You shall bear full responsibility for Your interactions with other users, subscribers to the Listings, or any other party, including, without limitation, (A) payment and delivery of goods or services and other terms and conditions associated with such interactions, and (B) all text, data, graphics, files, sound, photographs, and all other content or materials posted, transmitted, or emailed by You, to or through Our Site or Your Sites ("Your Content"). Your Linked Site (defined in the Posting Guidelines), Your Referring Site (defined in the Posting Guidelines) shall hereinafter each be referred to as "Your Site" and collectively as "Your Sites."
(h) Release. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT RESULTING FROM A RELEASE EVENT, WHICH IS DEFINED HEREIN AS ANY OF YOUR (AND YOUR OFFICERS', DIRECTORS', AND EMPLOYEES', IF APPLICABLE) INTERACTIONS WITH OTHER USERS, SUBSCRIBERS TO THE LISTINGS, OR ANY OTHER PARTY. In the event of an occurrence of a Release Event, You (and Your officers, directors, and employees) hereby release Us, Our suppliers, partners, distributors, and each of their agents, contractors, subcontractors, directors, shareholders, officers, and employees, from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If You are a California business or resident, You (and your officers, directors, and employees) waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." In addition, You (and Your officers, directors, and employees) hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in state other than California as it pertains to the enforcement of the release in this section.
(i) Security. You shall not breach Our security or the security of another user, a subscriber, or any other party, or attempt to gain unauthorized access to Our computer systems, which includes, without limitation, accessing data not intended for You or logging into or making use of any server or account You are not expressly authorized to access.
(j) Interference with Our Site. You agree that You will not restrict or interfere with the working of Our Site or with the ability of another user, a subscriber, or any other party to use Our Site, including, without limitation, disrupting the normal flow of communication or traffic with an excessive number of requests (flooding attacks), generating levels of traffic sufficient to restrict or interfere with other's ability to use Our Site, represent an unusually large burden on Our Site, or restrict or interfere with Our ability to deliver or monitor Our Site, as determined by Us in Our sole discretion.
(k) International. We do not represent that Our Site (including, without limitation, the Site Materials) is appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing Our Site from certain locations may be illegal and prohibited. Parties who choose to access Our Site from other locations do so on their own initiative and are responsible for compliance with local laws.5. Content
(a) General. Parties other than Our employees supply some of the content on Our Site, including, without limitation, the content in Listings, Postings, and advertisements. We have no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, or other content expressed by other parties are those of the other parties and not Ours. We do not endorse and are not responsible for the accuracy, quality, suitability, completeness, legality, validity or reliability of any opinion, advice, statement, or other content made on Our Site. We make no commitment to correct or update any inaccuracies, errors, or omissions on Our Site.
(b) Removal of Content. You understand that all Your Content are Your sole responsibility. You acknowledge that We do not pre-screen or approve the Listings, the Postings, or any other content on Our Site and assume no obligation to monitor the Listings, the Postings, or other content, including, without limitation, monitoring the use of trademark, copyright, or other proprietary rights. However, We reserve the right (but not the obligation) to, in Our sole discretion, monitor any Listing, Postings, or other content on Our Site and to refuse, modify, or remove any Listing, Posting, or other content that does not comply with the Agreement, or any Policies or Guidelines, or for any other reason, without prior notification. We are not responsible for any failure or delay in refusing, modifying, or removing any Listing, Posting, or other content.
(c) Expiration or Nonpublication of Content.We reserve the right, but not the obligation, to not publish any of Your Posting or to remove any of Your Posting at any time, for any reason, including, without limitation, setting an expiration date for Your Posting or implementing a ranking system that displays certain Postings more or less often than others or not at all.
(d) License Grant to Us. You hereby grant Us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable license to (i) use, publish, reproduce, publicly perform, publicly display, proxy cache, assign, sell, offer for sale, make, import, market, distribute, modify, create derivative works from, adapt, and translate Your Posting (in whole or in part) and to incorporate such content (in whole or in part) in other works in any media or form now known or later developed, and authorize sublicenses (through multiple tiers) of the foregoing, and (ii) prohibit any use of Your Posting by a third party for any purpose, including, without limitation, to publish, reproduce, or use Your Posting as part of an aggregation (such license including all rights necessary to exercise such right to prohibit). You waive all "moral rights" you have in Your Posting.
(a) Feedback. Should You provide information to Us, including, without limitation, Postings, feedback, answers, questions, comments, suggestions, ideas or the like, such information shall be deemed to be nonconfidential and We assume no obligation to protect such information from disclosure. We will also be free to use the information (including, without limitation, all services, products, and processes made, developed, or otherwise derived from the information) for any purpose whatsoever without any restriction and without any compensation required, including, without limitation, to use, publish, reproduce, publicly perform, publicly display, proxy cache, assign, sell, offer for sale, make, import, market, distribute, modify, create derivative works from, adapt, translate, and incorporate the information (including, without limitation, all services, products, and processes made, developed, or otherwise derived from the information) in other works in any media or form now known or later developed, and authorize sublicenses (through multiple tiers) of the foregoing.
(b) Required Disclosure. You acknowledge and agree that We may access, use, store, and disclose Your Account information and information in Your Posting(s) if We believe in good faith that such access, use, storage or disclosure is reasonably necessary to (i) respond to Your requests for customer service; (ii) comply with law, regulation, legal process, or governmental request; (iii) enforce the Agreement; (iv) respond to claims that You violate the rights of a third party; or (v) protect the rights, property, or personal safety of Us, Our users, or any other party.7. Termination.
(a) Termination. We shall have the right to terminate Your Account, Your license to use Our Site, or the Agreement at any time, without notice, for any or no reason, at Our sole discretion.
(b) Effect of Termination. Upon the termination of Your license to use Our Site, the Agreement, or Your Account for any reason, (i) We are authorized (but not obligated) to delete any data, Your Posting(s) and other content associated with Your Account or Your Posting(s) and delete or deactivate Your Account, and You will forfeit Your Account IDs, web addresses, and passwords; and (ii) all licenses granted hereunder shall immediately terminate.
(c) Not Exclusive Remedy and Consequences of Termination. Our exercise of any right to terminate the Agreement or to suspend, terminate, or discontinue Our Site, Your license to use Our Site, Your Account, or Your Posting(s) shall not result in a breach of the Agreement by Us, and neither the exercise of such right nor any consequence thereof shall give rise to any liability to Us, whether in contract, tort or otherwise, even if We were informed or were aware of, or otherwise could have anticipated the possibility of, such consequence. Termination is not an exclusive remedy and all other remedies will be available whether or not the Agreement is terminated.
8. Notices. Notices to You, including notices of changes to the Agreement, may, at Our discretion, be made either by email or by posting it on any page within Our Site or on another website about which You have been notified. You agree to regularly check Your email and all postings on Our Site as specified herein and bear the risk of failing to do so. All notices shall be effectively immediately or on the date specified in the notice, if one is specified.9. Termination or Modification of jurist811.ru Site.
(a) Modification of Our Site. We reserve the right to modify Our Site at any time without notice, including, without limitation, changing the size, color, or layout of Maps, symbols, text thereon, Listings, Postings, or Our Site; adding banner ads or other advertisements to Our Site; charging users a fee to access or use Our Site; deleting or adding features; or changing any other aspect of Our Site.
(b) Termination of Our Site. We reserve the right at any time to deny use of Our Site or to suspend or discontinue Our Site, or any part thereof, temporarily or permanently.
(c) Modification of Agreement. We may modify the Agreement, the Posting Guidelines, or any other Policies or Guidelines at any time and in Our sole discretion, by providing You notice in accordance with any of the methods set forth in Section 8 (Notices) above. Your continued use of Our Site following the effective date of the notice of these changes shall be deemed to be Your acceptance of the changes. If You do not agree to any changes, You must immediately stop using Our Site.10. Representations and Warranties.
By using Our Site, You represent and warrant that (a) You have the power, authority, and capacity to enter into the Agreement and to abide by all the terms and conditions of the Agreement; (b) You are the owner of each of Your Referring Site or that You are legally authorized to act on behalf of each of Your Referring Site for the purposes of the Agreement; (c) You are in compliance with all Policies and Guidelines and all laws to which are you subject; and (d) all the content in Your Posting(s) are owned by You or You have full rights to use and disseminate all the content in Your Posting(s) and to grant to Us the licenses granted in the Agreement, and the use or publication of Your Posting(s) does not infringe or violate the proprietary rights of any third parties including, without limitation, trademark right, copyright, right of publicity, privacy, or personality;11. Disclaimer of Warranties.
YOUR ACCOUNT AND OUR SITE, INCLUDING, WITHOUT LIMITATION, ALL SITE MATERIALS ("DISCLAIMED ITEMS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND THIRD PARTY SUPPLIERS, PARTNERS, AND DISTRIBUTORS DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER OF THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE DISCLAIMED ITEMS, ANY LINK ON OUR SITE, OR LINKED WEBSITE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, NONINFRINGEMENT, TITLE, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE.
WE AND OUR PARTNERS, DISTRIBUTORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT (A) ANY PRODUCTS OR CONTENT OBTAINED OR PURCHASED BY YOU FROM A SUBSCRIBER OF A LISTING, AN ADVERTISER, OR OTHERWISE THROUGH OUR SITE OR A LINKED WEBSITE WILL MEET YOUR EXPECTATIONS OR ANY SPECIFIC STANDARD OR THAT ANY PROMOTION WILL BE RELIABLE OR WILL BE HONORED; (B) YOUR POSTING WILL BE ACCEPTED, PUBLISHED, DISPLAYED, PLACED IN A CERTAIN CATEGORY, NOT BE DELETED FROM A CERTAIN CATEGORY, NOT BE ADDED TO A CERTAIN CATEGORY, OR NOT BE MOVED FROM THE CATEGORY THAT YOU CHOSE TO ANOTHER CATEGORY; (C) THE DISCLAIMED ITEMS WILL MEET YOUR REQUIREMENTS OR ACHIEVE A SPECIFIC RESULT INCLUDING, WITHOUT LIMITATION, THAT YOUR POSTING WILL ACHIEVE A SPECIFIC LEVEL OF IMPRESSIONS, THAT A CERTAIN NUMBER OF USERS WILL USE OUR SITE, THAT YOUR POSTING OR OUR SITE (OR ANY PORTION THEREOF) WILL BE INCLUDED IN ANY SEARCH ENGINE RESULTS, OR THAT EVEN IF INCLUDED IN THE RESULTS OF A SEARCH ENGINE, YOUR POSTING OR OUR SITE (OR ANY PORTION THEREOF) WILL ACHIEVE OR MAINTAIN ANY SPECIFIC RANKING IN SUCH RESULTS; (D) YOUR PERSONALIZATION SETTING, YOUR USE OF OUR SITE, OR INFORMATION POSTED OR TRANSMITTED BY YOU, INCLUDING, WITHOUT LIMITATION, TO YOUR ACCOUNT OR YOUR POSTING, WILL BE STORED, NOT LOST, OR BE PRIVATE; (E) THE DISCLAIMED ITEMS WILL BE UNINTERRUPTED, AVAILABLE, TIMELY, SECURE, RELIABLE, BE AT ANY MINIMUM SPEED, OR COMPLY WITH INTELLECTUAL PROPERTY LAWS; (F) THE DISCLAIMED ITEMS WILL NOT CONTAIN ERRORS OR OMISSIONS OR THAT ANY ERRORS OR OMISSIONS WILL BE CORRECTED, INCLUDING, WITHOUT LIMITATION, THAT THE INFORMATION OR THE MAPS CONTAINED IN THE DISCLAIMED ITEMS WILL BE CURRENT, COMPLETE, OR ACCURATE OR ERRORS OR OMISSIONS IN THE INFORMATION OR MAPS WILL BE CORRECTED; OR (G) THE DISCLAIMED ITEMS OR FILES DOWNLOADED FROM THE DISCLAIMED ITEMS WILL LACK VIRUSES OR OTHER MALICIOUS CODE.
ADVICE OR INFORMATION RECEIVED VIA OUR SITE SHALL NOT CREATE ANY REPRESENTATION OR WARRANTY AND SHOULD NOT BE RELIED UPON FOR MEDICAL, LEGAL, FINANCIAL, OR ANY OTHER DECISION. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR ADVICE TAILORED TO YOUR PARTICULAR SITUATION. THE PROVISIONS IN THE FAQ AND ELSEWHERE ON OUR SITE REGARDING POSTINGS, INCLUDING, WITHOUT LIMITATION, ANY PROVISION DESCRIBING THE BENEFITS OF A POSTING, SHALL NOT CREATE A WARRANTY OR REPRESENTATION HEREUNDER.
A SMALL PERCENTAGE OF COMPUTER USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN, EVEN IN COMPUTER USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IMMEDIATELY DISCONTINUE USE OF OUR SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SITE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS IN THIS SECTION 11 MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.12. Limitation of Liabilities.
WE, OUR SUPPLIERS, PARTNERS, DISTRIBUTORS, AND EACH OF THEIR RESPECTIVE AGENTS, CONTRACTORS, SUBCONTRACTORS, DIRECTORS, OFFICERS, SHAREHOLDERS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY CHARACTER, OR LOSS OF REVENUE, PROFITS, BUSINESS, OR DATA ARISING IN CONNECTION WITH THE DISCLAIMED ITEMS, ANY LINK ON OUR SITE, LINKED WEBSITE, OR ANY OTHER SUBJECT MATTER OF THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES THAT RESULT FROM, (A) REFUSAL OR FAILURE TO ACCEPT PUBLISH, OR DISPLAY YOUR POSTING, REMOVAL OR MODIFICATION OF YOUR POSTING, NOT PLACING YOUR POSTING IN A CERTAIN CATEGORY, DELETING YOUR POSTING FROM A CERTAIN CATEGORY, ADDING YOUR POSTING TO A CERTAIN CATEGORY, MOVING YOUR POSTING TO ANOTHER CATEGORY, OR GARBLING OF YOUR CONTENT; (B) THE DISCLAIMED ITEMS NOT MEETING YOUR REQUIREMENTS OR ACHIEVING A SPECIFIC RESULT INCLUDING, WITHOUT LIMITATION, THE DISCLAIMED ITEMS NOT ACHIEVING THE BENEFITS PROVISIONS OR ANY OTHER PROVISIONS IN THE FAQ OR ELSEWHERE ON OUR SITE, YOUR POSTING OR OUR SITE (OR ANY PORTION THEREOF) NOT ACHIEVING A CERTAIN LEVEL OF IMPRESSIONS OR USERS, YOUR POSTING OR OUR SITE (OR ANY PORTION THEREOF) NOT BEING INCLUDED IN ANY SEARCH ENGINE RESULTS, OR EVEN IF INCLUDED IN THE RESULTS OF A SEARCH ENGINE, YOUR POSTING OR OUR SITE (OR ANY PORTION THEREOF) NOT ACHIEVING OR MAINTAINING ANY SPECIFIC RANKING IN SUCH RESULTS; (C) ANY MATTER RELATED TO PROMOTIONS, PRODUCTS, CONTENT, OR USE OF ANY LINK ON OUR SITE OR LINKED WEBSITE; (D) MODIFICATION, SUSPENSION, TERMINATION, OR DISCONTINUATION OF ANY OF THE DISCLAIMED ITEMS, THE AGREEMENT, YOUR LICENSE TO USE OUR SITE, DELETION OR DEACTIVATION OF YOUR ACCOUNT OR YOUR POSTING, OR BANNING YOU FROM OUR SITE; (E) LOSS OF OR FAILURE TO STORE OR KEEP PRIVATE YOUR PERSONALIZATION SETTINGS, YOUR USE OF OUR SITE, OR INFORMATION POSTED OR TRANSMITTED BY YOU INCLUDING, WITHOUT LIMITATION, TO YOUR ACCOUNT OR TO A POSTING; (F) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR EAVESDROPPING; (G) YOUR USE OF THE DISCLAIMED ITEMS, ANY LINK ON OUR SITE, OR LINKED WEBSITE, OR ANY INTERRUPTIONS, INABILITY TO USE, OR DELAYS IN THE DISCLAIMED ITEMS; (H) ERRORS OR OMISSIONS IN THE DISCLAIMED ITEMS INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF THE DISCLAIMED ITEMS TO BE SECURE OR RELIABLE OR THE INFORMATION OR THE MAPS TO BE CURRENT, COMPLETE, OR ACCURATE OR ANY FAILURE TO CORRECT ANY ERRORS OR OMISSIONS; (I) ANY TRANSLATION OF A LISTING INTO ANOTHER LANGUAGE; (J) STATEMENTS OR CONDUCT OF ANY OTHER PARTY ON OUR SITE; (K) VIRUSES OR OTHER MALICIOUS CODE FROM THE DISCLAIMED ITEMS OR FILES DOWNLOADED FROM THE DISCLAIMED ITEMS; (L) LOSS OR INTERRUPTION OF BUSINESS, PROFITS, GOODWILL, OR DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (M) PERSONAL INJURY.
ALL OF THE LIMITATIONS SET FORTH IN THIS SECTION 12 APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, STRICT LIABILITY, MISREPRESENTATION, NEGLIGENCE, OTHER TORTS, ANY OTHER LEGAL OR EQUITABLE BASIS, OR ANY CIRCUMSTANCES WHATSOEVER, EVEN IF WE (OR OUR SUPPLIERS, DISTRIBUTORS, OR PARTNERS OR ANY OF THEIR AGENTS, CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OFFICERS, SHAREHOLDERS, OR DIRECTORS) ARE AWARE OF THE RISK OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS OF SECTIONS 12 (LIMITATIONS OF LIABILITY) MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF THE AGREEMENT REFLECT THE FOREGOING ALlocation OF RISK AND SUCH ALlocation OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE OR WITH ANY OF THE TERMS OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITE.13. Indemnity.
(a) Obligation. You shall indemnify, defend, and hold harmless jurist811.ru, Our suppliers, partners, and distributors, and each of their respective agents, subcontractors, contractors, directors, officers, shareholders, and employees from and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses, including, without limitation, reasonable legal and accounting fees and costs, that directly or indirectly arise out of or are based on any claim related to (i) Your Content, Your Sites, Your Posting(s), Your use or misuse of the Disclaimed Items, or Your interactions with others; (ii) Your breach of any duty toward or violation of rights of any person or entity including, without limitation, libel, defamation, slander, copyright infringement, trademark infringement, infringement of other intellectual property rights, other rights or duties under consumer protection, product liability, tort, or contract theories; (iii) Your breach of any representation or warranty, any provision of the Posting Guidelines, or any other provision of the Agreement; (iv) violation by You of any law, regulation or rule; or (v) Your other acts or omissions.
(b) Defense. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse Your indemnity obligations. In such an event, You shall cooperate with Us in asserting any available defenses. We shall have the right to participate in the defense of all claims as to which We do not assume defense and control, and You shall not settle any such claim without Our prior written consent.14. General.
(a) Force Majeure. Neither party to the Agreement shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, fire, floods, earthquakes, other acts of God, acts of terrorism, acts of government, epidemics, power failures, riots, embargoes, wars, labor disputes, or strikes.
(b) Equitable Relief. You agree that monetary damages may not provide a sufficient remedy to Us for breach of the Agreement and You consent to injunctive or other equitable relief for such violations.
(d) Choice of Law and Forum. The Agreement shall be deemed executed in the state of California, and all matters relating to Your use of Our Site and all disputes between You and Us shall be deemed to have taken place entirely in the state of California. The Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. You and We consent to the exclusive jurisdiction of the federal or state courts located in San Mateo, California.
(e) Waiver and Severability. If any provision of the Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that the Agreement shall otherwise remain in effect. Our failure to enforce Your strict performance of any provision of the Agreement will not constitute a waiver of any prior or subsequent default of such provision or any other provision of the Agreement.
(f) Assignment. We may freely assign the Agreement. You may not assign the Agreement, by operation of law or otherwise, including, without limitation, by way of merger or consolidation, without Our prior written consent. Any attempt to transfer or assign the Agreement without such written consent will be null and void. Subject to the foregoing, the Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
(g) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(h) Relationship of the Parties. The parties are independent contractors, and nothing in the Agreement will create any partnership, agency, franchise, sales representative, or employment relationship between the parties. You will not make any statement that reasonably would contradict anything in this Section 14(h).
(i) Third Party Beneficiaries. You agree that there shall be no third party beneficiaries to the Agreement.
(j) Interpretation of Agreement. Each party acknowledges that it has had an opportunity to review the Agreement, and that the rule of construction to the effect that ambiguities will be resolved against the drafting party shall not be employed in the interpretation of the Agreement. The section titles in the Agreement and division into section / paragraphs are for convenience only and have no legal or contractual effect. Wherever the singular is used in the Agreement, it will be deemed to include the plural and vice versa, where the context so requires.
(k) Export. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise (including, without limitation, transmission via a Posting), any content or software subject to restrictions under such laws, to foreign nationals or destinations prohibited under such laws, without first obtaining and complying with, any requisite government authorization.
Third Party Notices and Licenses
Portions Copyright (c) 1998 State of Minnesota, Land Management Information Center.
Portions derived from Shapelib, Copyright 1995-1999 Frank Warmerdam.
Supporting packages are covered by their own copyrights.LICENSE
Copyright (c) 1996-2001 Regents of the University of Minnesota.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies of this Software or works derived from this Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.