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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of Fast411 following the posting of changes to these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This site is operated by Fast411 Internet Services and its affiliates, (collectively
referred to as "Fast411," "we," "us," or
"our" herein). No material from Fast411 or any Web site owned,
operated, licensed, or controlled by Fast411 Internet Services may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way, except
that you may download one copy of the materials on any single computer for your
personal, non-commercial home use only, provided you keep intact all copyright
and other proprietary notices. Modification of the materials or use of the
materials for any other purpose is a violation of Fast411's copyright and other
proprietary rights. For purposes of these terms, the use of any such material on
any other Web site or networked computer environment is prohibited. All
trademarks, service marks, and trade names are proprietary to Fast411.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Fast411. Fast411 does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Fast411 retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
SUBMISSIONS
Fast411 is pleased to hear from its loyal fans and welcomes your comments regarding
Fast411 products, including Fast411's online services. Unfortunately, however, Fast411's
long-standing company policy does not allow it to accept or consider creative
ideas, suggestions, or materials other than those it has specifically requested.
We hope you will understand that it is the intent of this policy to avoid the
possibility of future misunderstandings when projects developed by Fast411's
professional staff might seem to others to be similar to their own creative
work. Accordingly, we must, regretfully, ask that you do not send us any
original creative materials such as stories or character ideas, screenplays, or
original artwork. While we do value your feedback on our services and products,
we request that you be specific in your comments on those services and products,
and not submit any creative ideas, suggestions, or materials.
If at our request you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Fast411. None of the Submissions shall be subject to any obligation of confidence on the part of Fast411, and Fast411 shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Fast411 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.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or e-mail function offered
as part of Fast411. You shall not upload to, distribute through, or
otherwise publish through Fast411 any content which is libelous,
defamatory, obscene, pornographic, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable that would constitute or
encourage a criminal offense, violate the rights of any party, or that would
otherwise give rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Fast411 guests to join or become members of any commercial online service or other organization is expressly prohibited.
It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of Fast411 and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1)comply with the law or comply with legal process served on Fast411; (2) protect and defend the rights or property of Fast411; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Never assume people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained on message boards or in chat rooms is no substitute for independent research, and it's not a good idea to trade or make any investment decisions based solely or largely on information you can't confirm. Fast411 cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
CONTENT LINKED TO Fast411
Fast411 encourages you to exercise discretion while browsing the Internet using this
service. Fast411 may produce automated search results or otherwise link
you to sites containing information that some people may find inappropriate or
offensive. Fast411 makes no representations concerning any effort to review the
content of sites listed in our catalog (indeed, given the size of our catalog
and the frequency with which it is updated, such review would be practically
impossible).
For your convenience, Fast411 Internet contains links to other web sites. These sites are not maintained or controlled by us, and we are not responsible for their content. Although we have made a good faith effort to link only to tasteful, appropriate sites, some may contain inappropriate or objectionable material. If you find such material while using Fast411 Internet, please notify us immediately.
Because web pages are constantly changed and updated, it is impossible to list all web sites. We do not guarantee that your search results will be complete or accurate.
We believe that those who make information available on the Internet expect that it will be publicly and widely available. Therefore, we believe that linking to other sites is legally permissible and consistent with the expectations of those who use the Internet. However, if access to a particular site should be restricted, the site operator should promptly notify us.
Consequently, Fast411 is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to the Fast411 site.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, Fast411 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. Fast411 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Fast411 DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT Fast411) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER REGARDING SEARCH
Search and Directory are free services offered by Fast411. Because the Web changes
constantly, no search engine technology can possibly have all accessible sites
at any given time. Thus, Fast411 explicitly disclaims any responsibility for the,
content or availability of information contained in our search index or
directory.
In no event shall Fast411 be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the Information. 411 will not be responsible if any Information infects or contaminates a USER's system or information. The entire risk as to the quality and performance of Fast411 and the accuracy, adequacy, completeness, currentness, validity and quality of any Information is with the USER.
DISCLAIMER TO USERS OF Online Catalog
Fast411 has created Online Catalog in order to help you find as many prominent
online retailers as possible, rather than to endorse only a few, as other sites
do. Although we have reviewed each site linked from the Online Catalog, the
sites that are linked to Fast411 from merchants or other Shop Channels
are owned and operated by independent retailers, and therefore, we cannot ensure
that you will be satisfied with their products, services, or business practices.
That said, please understand that by viewing the Online Catalog you are acknowledging and agreeing to the following terms and conditions:
The merchandise, products or services (collectively, the "Merchandise") offered to you from links from the Fast411 are provided by third parties who are not affiliated with Fast411. Fast411 does not endorse any of the Merchandise, nor has Fast411 taken any steps to confirm the accuracy or reliability of any of the information contained in such third parties' submissions to Fast411 or the Fast411 or the Web sites of such third parties. Fast411 cannot, and does not, make any 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. You are strongly encouraged to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
CREDIT CARDS
Fast411 takes the issue of your privacy seriously. We provide your credit
card number, billing and shipping information to participating merchants from
whom you buy goods or services. The merchants are solely responsible for how
they use that information and any other information they independently acquire
from you or about you. Otherwise, we do not share your credit card information
with anyone else. For more information, please read our Privacy
Policy.
To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants.
INDEMNIFICATION
MEMBER IS ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF MEMBER'S
PASSWORD AND ACCOUNT. FURTHERMORE, MEMBER IS ENTIRELY RESPONSIBLE FOR ANY AND
ALL ACTIVITIES WHICH OCCUR UNDER MEMBER'S ACCOUNT AND AGREES TO INDEMNIFY,
DEFEND, AND HOLD HARMLESS THE PROVIDERS FOR ANY LIABILITY OR EXPENSE ARISING
FROM SUCH USE OR MISUSE. MEMBER AGREES TO IMMEDIATELY NOTIFY THE PROVIDERS OF
ANY UNAUTHORIZED USE OF MEMBER'S ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN
TO MEMBER.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Fast411 BE
LIABLE FOR ANY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THIS SITE, EVEN IF Fast411 OR AN Fast411 AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
411'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 THIS SITE.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented solely for
the purpose of promoting programs, films, and other products available in the
United States, its territories, possessions, and protectorates. This site is
controlled and operated by Fast411 from its offices within the State of California,
United States of America. Fast411 makes no representation that materials in the site
are appropriate or available for use in other locations. Those who choose to
access this site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable. Software from this site is further subject to United States export
controls. No software from this site may be downloaded or otherwise exported or
reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders or in violation
of any other federal rule or regulation. By downloading or using the Software,
you represent and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
TERMINATION
These terms are effective until terminated by either party. You may terminate
these terms at any time by destroying all materials obtained from any and all
Fast411 site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of these terms or otherwise.
These terms will terminate immediately without notice from Fast411 if in Fast411's sole
discretion you fail to comply with any term or provision of these terms. Upon
termination, you must destroy all materials obtained from this site and any and
all other Fast411 site(s) and all copies thereof, whether made under the
terms of these terms or otherwise.
CHANGES/REMOVAL FROM DATABASE
1. any person who lawfully maintains information which is listed in
our database may request that the information be corrected if erroneous
by submitting a request for such and paying appropriate fees as listed
at our online submission page.
2. any person who lawfully maintains information which is listed in our
database may request that the information be removed from our system at
no charge to the owner. This information once removed can only be
resubmitted by purchasing our services as listed at our online
submission page.
3. Fast411 can remove any listing at our sole discretion with or
without notice. If notice is provided it shall read as follows,
“Your listing was manually removed from our directory,
because it did not conform to the quality standards necessary. Fast411
will not comment on the individual reasons a listing was removed and
we do not offer an exhaustive list of practices that can cause removal.”
No refunds are provided after a
listing has been accepted.
CANCELLATION POLICY
Fast411 offers a 3 day cancellation period for services purchased
from us. Outside of this period we offer no return/cancellation policy
as we have already processed requested services.
OTHER
These terms shall be governed by and construed in accordance with the laws of
the State of California, without giving effect to any principles of conflicts of
law. You agree that any action at law or in equity arising out of or relating to
these terms shall be filed only in the state or federal courts located in Orange County, California and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If
any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing, signed by both
parties.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notification must be submitted to the following Designated Agent:
Service Provider(s): Fast411 Network
Name of Agent Designated to Receive Notification of Claimed Infringement:
Douglas Stetson
Full Address of Designated Agent to Which Notification Should be Sent:
Fast411 Legal Dept. 5300 Beach Boulevard, Suite 269, Buena Park, CA 90621
Email Address of Designated Agent:
doug@fast411.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the service
provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if available,
an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.