Terms Of Service

Welcome to iSelect2008. By accessing the iSelect2008 website ("Website"), by using the services offered by iSelect2008 ("Services"), or by clicking to agree at registration, you agree and acknowledge to be bound by these Terms of Services ("Terms of Services"). If you do not agree to the Terms of Services or to our Privacy Policy, please refrain from accessing the Website or using the Services. The Website and Services are operated by Decision Factory, Inc. (“Company”).

The Company reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Services at any time without notice. Changes to these Terms of Services will be posted on this page at the date indicated at the bottom of this page. Your continued use of the Services or the Website after any such changes constitutes your acceptance of the updated Terms of Services. If you disagree with these or any future Terms of Services, you will have to discontinue using or accessing (or continue to use or access) the Services or the Website. It is your responsibility to periodically check the Website to review changes to these Terms of Services.

1 Eligibility

You are not allowed to use the Website or the Services if you don’t fulfill the eligibility requirements below:

(i) The Website is intended solely for users who are eighteen (18) years old or older. Any registration by, use of or access to the Website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Services. By using the Services or the Website, you represent and warrant that you are 18 or older and that you agree to the Terms of Services.

(ii) Even if you are 18 years old or older, you are not allowed to use the Website if you are barred from it under the laws of the United States or any other countries including the country in which you are resident or from which you use the Services. Membership in the Services is void where prohibited and the Company reserves the right to terminate your Account, as appropriate and at its sole discretion.

2 User License

The Company grants you a limited, non-assignable, non-exclusive, and royalty-free license (“User License”) to access the Website and use the Services for your personal use, in accordance with the Terms of Services, the instructions, and the Usage Guidelines. In particular, the User License does not allow you (or anyone you may prompt) to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Company’s software or any part thereof, unless this is expressly permitted or required by law. The User License does not allow you to upload or republish any content from the Website on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, unless express written agreement from the Company. Any other use of the Content is strictly prohibited. The User License does not include either the use of any data mining tools and techniques, robots or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any license to intellectual property rights.

3 Account Information and Account Security

You agree to:

(i) Provide accurate, current and complete information when you register on the Website ("Account Information");

(ii) Maintain and promptly update the Account Information, and any other information you provide to the Website, to keep it accurate, current and complete;

(iii) Maintain your password and user name secure; and

(iv) Be fully responsible for all use of your account and for any actions that take place using your account.

4 Usage Guidelines

The Services and the Website are available for personal, non-commercial and non-promotional use only.

You represent, warrant and agree not to use the Services or the Website to:

(i) Post, share, store, submit, transmit, upload, or otherwise make available through the Website any materials of any kind, which would violate or infringe upon the rights of any third party, such as copyright, trademark, privacy, publicity or any other personal or proprietary rights;

(ii) Post, share, store, submit, transmit, upload, or otherwise make available through the Website any materials of any kind, which would be in entirety or in part libelous, defamatory or otherwise unlawful;

(iii) Post, share, store, submit, transmit, upload, or otherwise make available through the Website any content that in the sole judgment of Company, is abusive, demeaning, fraudulent, harassing, harmful, hateful, inflammatory, infringing, insulting, intimidating, invasive of privacy or publicity rights, obscene, racist threatening, vulgar, or otherwise objectionable;

(iv) Post, share, store, submit, transmit, upload, or otherwise make available through the Website any content that may expose Company or its users to any harm or liability of any type;

(v) Register for more than one Account, register on behalf of an individual other than yourself, or register on behalf of any group or entity;

(vi) Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; use or attempt to use another user's Account without authorization from the Company;

(vii) Harvest or collect from the Services or the Website any email addresses or contact information of other users for the purposes of unsolicited communications, such as sending unsolicited emails (commonly referred to as spam);

(viii) Post, share, store, submit, transmit, upload, or otherwise make available through the Website any unsolicited or unauthorized advertising, solicitations, or promotional materials of any kind, including, without limitation, "junk mail," "spam," "chain letters," "pyramid schemes”;

(ix) Use the Services or the Website in any manner, lawful or not, which could damage, disable, overburden or impair the Website or the Services;

(x) Use or attempt to use any automated means (including use of scripts and web crawlers) to interact with or collect information from the Services or the Website;

(xi) Post, share, store, submit, transmit, upload, or otherwise make available through the Website any private information of any third party, including, without limitation, contact information, banking, credit card and financial information, as well as Social Security numbers;

(xii) Personally identify information for commercial or unlawful purposes;

(xiii) Post, share, store, submit, transmit, upload, or otherwise make available through the Website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(xiv) Post, share, store, submit, transmit, upload, or otherwise make available through the Website content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

5 Intellectual Property, Trademarks & Copyrights

iSelect2008, the iSelect2008 logo and the iSelect2008 design, as well as the Decision Factory logos and designs, are trademarks or trade dress of the Company, and may not be used without express written permission from the Company, other than for attribution. All other trademarks not owned by the Company or that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

The content included on the Website, such as questions, text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Website, is the property of the Company and its licensors and protected by United States and international copyright laws. Except as set out in these Terms of Services, no reproduction of any content is permitted without written permission from the Company.

User-Generated Content is copyrighted as well, and any use or reproduction of UGC must comply with the terms of the respective license(s) and must include a label indicating such license. Other than the limited license set forth in Section 6, the Company acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under the Terms of Services in or to any Content that you post, share, store, submit, transmit, upload, or otherwise make available through the Website. You agree that you are responsible for protecting and enforcing those rights and the Company has no obligation to do so on your behalf.

You agree not to alter, obscure, or remove any proprietary rights notices (such as copyright and trade mark notices) from the Website or from the Services. You agree not to use any logo, trademark, or trade name of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such logos, marks, and names.

6 User-Generated Content (UGC) and Submissions

You are responsible for the answers to questions, comments, photo, profile information, text and any other content that you post, share, store, submit, transmit, upload, or otherwise make available through the Website ("User-Generated Content" or “UGC”). You may not post, share, store, submit, transmit, upload, or otherwise make available through the Website UGC that you did not create or that you do not have permission to post. You are solely responsible at your sole cost and expense for creating backup copies and replacing any UGC you post or store on the Website or provide to the Company.

The Company may review the Website and may delete or remove (without notice) any Content or UGC in its sole discretion, for any reason, including without limitation UGC, which in the sole judgment of the Company violates this Agreement, might be illegal, or might violate the rights, harm, or threaten the safety of users or others.

When you post, share, store, submit, transmit, upload, or otherwise make available through the Website UGC to the Website, you authorize the Company to facilitate the posting and storage of the UGC on the Website, by any means deemed necessary by the Company. You also automatically grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such UGC for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such UGC, and to grant and authorize sublicenses of the foregoing. You also represent and warrant that you have the right to grant the aforementioned license.

You acknowledge that you may remove your UGC from the Website at any time. If you choose to remove your UGC, the license granted above will automatically expire. However, you acknowledge that the Company may retain archived copies of your UGC.

You acknowledge and agree that any comments, ideas, feedback, questions, suggestions or other information about the Website or the Services provided by you to the Company (“Submissions”) are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7 Services and Advertisement

In consideration for the Company granting you access to and use of the Website and Services, you agree to the advertisements displayed on the Website. You hereby acknowledge and agree that these advertisements may be targeted based on Website contextual content, demographic data, user behavior, and UGC.

The Website and the Services are subject to change at the Company’s sole discretion and without prior advance notice to you. In particular, the Company may end or suspend the Services or features thereof without prior advance notice to you.

You acknowledge and agree that if the Company disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You acknowledge and agree that while the Company has not currently set a fixed upper limit on Website or Services usage, the Company might set such fixed upper limits at any time and its sole discretion.

You hereby agree not to copy, duplicate, reproduce, resell, sell or trade the Services for any purpose. You accept full personal responsibility for any breach of your obligations under the Terms of Services and for the consequences (including any loss or damage which The Company may suffer) of any such breach.

8 Privacy

By using the Website or Services, you acknowledge and agree to the Company’s Privacy Policy. You also agree to the use of your data with the privacy policy.

9 No Warranty and Limitation of Liability

THE COMPANY PROVIDES THE WEBSITE AND SERVICES "AS IS" AND ‘AS AVAILABLE’,WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE WEBSITE IS CURRENTLY IN “BETA”. AS A RESULT, YOU SHOULD BE EXPECTING REGULAR CHANGES AND UPDATES, LIVE TESTS FOR FUNCTIONALITY AND QUALITY CONTROL, AS WELL AS GLITCHES AND BUGS.

THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. Some States do not allow disclaimers of implied warranty. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN PARTICULAR, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT:

(i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

(ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

(iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, ERROR-PROOF, RELIABLE, UP-TO-DATE, AND

(iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE WEBSITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL, BUSINESS REPUTATION, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF SUCH POSSIBILITY.

SUBJECT TO THIS ENTIRE, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(i) YOUR RELIANCE ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE;

(ii) ANY CHANGES THAT THE COMPANY MAY MAKE TO THE WEBSITE OR THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(iv) YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION TO THE COMPANY;

(v) YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY AND SECURITY OF YOUR PASSWORD AND USER CREDENTIALS; YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

You will be solely responsible for any damages that arise from your use of and actions on the Website and Services, as well as from UGC you post, share, store, submit, transmit, upload, or otherwise make available through the Website. In particular and without limitation, you are solely responsible for posting, sharing, storing, submitting, transmitting, uploading, or otherwise make available through the Website your opinions, political and personal positions, including without limitation, by posting UGC, by answering questions on the Website, by voting on the Website, and by sharing your profile with other users.

10 Termination

The Company will terminate, in appropriate circumstances and at its sole discretion, repeat infringers in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law. The Company may also at its sole discretion terminate the memberships of any users who infringe any intellectual property rights of others, whether or this infringement is repeated.

The Company may terminate your membership, delete your profile and any content or information that you have posted, shared, stored, submitted, transmitted, uploaded, or otherwise make available through the Website. The Company may also prohibit you from using or accessing the Website or Services for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18, or not allowed to use the Website or the Services.

The Company reserves the rights to terminate your license to use the Website and Services at any time and for any reason or in the future charge for commercial usage.

Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

If you want to terminate your agreement with the Company, you may do so by notifying the Company and by closing your account for the Website and the Services which you use, as indicated on the website.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 11 below shall continue to apply to such rights, obligations and liabilities indefinitely.

11 Governing Law; Venue and Jurisdiction

By visiting or using the Website and/or Services, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Services and any dispute of any sort that might arise between you and the Company or any of our affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

12 Entirety, No Waiver and Severability

The Terms of Services constitute the entire agreement between you and Company regarding the use of the Website and/or Services, superseding any prior agreements between you and Company relating to your use of the Site or the Service.

The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

The Company may provide notices, including regarding changes to the Terms of Services, by email, regular mail, or postings on the Website.

Up-to-date as of November 18, 2007