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Terms and Conditions:*Use Policy For Directory Listings Thank you for visiting Nicaragua.com. The following terms constitute an agreement between you ("User", "Your", or "You") and Paley Media, Inc. ("Company") which is the exclusive licensee, manager, and operator of Nicaragua.com ("we or us"). This Agreement ("Directory Listing Use Policy", "Agreement", or "DLUP") governs your use of Nicaragua.com which you access by signing in with a screen name or other credential ("Screen Name") issued by us. Please read the terms and conditions of this Agreement carefully as it sets forth your rights and obligations with respect to use of Nicaragua.com. By completing the registration process and clicking "I accept", you are indicating your agreement to be bound by all of the terms and conditions of this Agreement and to all terms, conditions, and notices contained or referenced in the Use Policy (www.Nicaragua.com/corporate/aupolicy.html) and in the Privacy Statement (www.Nicaragua.com/corporate/ps.html) .If you are not willing to be bound by the terms and conditions of this agreement, you should click "I don't accept". Management of This Site The Nicaragua.com Directory Service (the "Directory" or "Service") is overseen by Paley Media, Inc.- which is solely responsible for this site and the management and supervision of the Directory. Any questions or comments about this Service must be directed to Paley Media, Inc. Parties This Agreement is made and entered into between Paley Media, Inc. and you as an affiliate ("you" or "Affiliate") and shall apply to your participation in the Nicaragua.com Directory Service. The term of this Agreement will begin if we decide accept your application to become an affiliate. Any decision whether to accept your application shall be at the sole and absolute discretion of Paley Media, Inc., and be binding on you without recourse to Nicaragua.com or Paley Media, Inc. Use of Service You warrant and represent that you are not a travel agent, advertiser, distributor of travel products, business listings, directories or similar services; affiliate program participant or owner, governmental agency, advertising agency, or operator, owner, agent or representative of any similarly situated business. You agree not to disrupt or interfere with the services provided on this site, nor to alter or tamper with any information or materials on or associated with this site. You agree not to attempt to penetrate security measures of Paley Media, Inc., whether or not the intrusion, either intentional or unintentionally, results in corruption or loss of data. You acknowledge that you are expressly prohibited from utilizing this Service in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of this Service. You shall be solely responsible for the development, technical operation, and maintenance of your site and for the accuracy of all content and material appearing on your site, together with the technical operation of your site and all related equipment. You represent that all content posted on your site does not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights) and that any such content posted on your site is not libelous or otherwise illegal. You are hereby granted a nonexclusive, nontransferable, revocable right to appear on our site and understand that we may terminate such a right as well as this Agreement anytime, and for any reason. No Guarantee We make no express or implied guarantee, representation or warranty arising out of your use of this service or whether this service will be error-free or uninterrupted. Relationship of Parties Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf and shall refrain from making any statement, whether on your site or otherwise, that violates this provision. We may cite your name or URL in connection with your participation on our site, newsletters, advertisements, and other online or offline communications. Termination of Service Currently, this Directory Service is free of charge. However, we reserve the right to discontinue the terms of this service or terminate this agreement, with or without cause, at any time. Similarly, you may terminate this Agreement at any time, with or without cause. If either of us terminate this Agreement then we shall give the other party written notice of termination. Change in Terms We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. We reserve the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice. Disclaimer of Warranties ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. Paley Media, Inc., ITS RELATED CORPORATIONS, SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL PALEY MEDIA, INC., ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PALEY MEDIA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PALEY MEDIA, INC.'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Indemnification Upon a request by Paley Media, Inc., you agree to defend, indemnify, and hold harmless Paley Media, Inc. and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this site. Paley Media, Inc. reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Paley Media, Inc. in asserting any available defenses. Choice of Law and Jurisdiction These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Washington, County of King, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. TAKE NOTICE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING THE LAWS OF YOUR OWN JURISDICTION; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF WASHINGTON, COUNTY OF KING, OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF WASHINGTON, COUNTY OF KING, FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. Severability and Integration Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Paley Media, Inc. with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Paley Media, Inc. with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Modification Company reserves the right to modify these policies at any time. These policies do not supersede any other policies, or terms and conditions adopted or stated herein. Assignment Company may assign this Agreement at any time without notice to you. You may not assign this contract to anyone else. Operation Under License This site is operated and managed under license to Paley Media, Inc., which is solely responsible for the services described herein. Comments and Questions If you have questions or suggestions, please complete contact us at: Paley Media, Inc. Customer Care - User Policies 3213 West Wheeler St., #172 Seattle, Washington 98199 United States of America www.paleymedia.com
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